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02-07-2023 AGENDA City Council Meeting 4:00 PM - Tuesday, February 7, 2023 Council Chambers/Zoom App. Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera February 7 2023 - Resolution to go In-Camera 7 2. CALL TO ORDER O Canada: Performed by: Reese Paterson (live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 31, 2023 (Special City Council Meeting) City Council - 31 Jan 2023 - Minutes - Pdf 8 - 12 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS 6.1. Deputation regarding property matters (Updated) Resident Evi Mitchinson wishes to address Council regarding a severe ponding problem recurring in her mother's backyard. Delegation Appointment Request to Council - Evi Mitchinson Email Correspondence with office of the MPP - Evi Mitchinson Memo - Reply from Wayne Gates office RE Drainage Act - Evi Mitchinson Presentation - Evi Mitchinson 13 - 35 Page 1 of 440 Comments from Resident - #6.1 6.2. Request to Refund Development Charges - Lucas Bahdi Building permit number BP-2021-0048 at 4389 Beechwood Road Resident, Lucas Bahdi is requesting to appear before Council in order to request a refund for development charges paid on building permit BP-2021-0048. Request to Refund Development Charges - Lucas Bahdi Building permit number BP-2021-0048 at 4389 Beechwood Road Comments from Resident - #6.2 36 - 79 7. REPORTS 7.1. F-2023-05 2020 Corporation of the City of Niagara Falls (Draft) Consolidated Financial Statements F-2023-05 - Pdf Comments from Resident - #7.1 80 - 134 7.2. L-2023-04 Proposed Conveyance of City Own Land to 2808378 Ontario Inc. Ferguson Laneway adjacent to 4473-4478 & 4499 Ferguson Street Our File No. 2022-134 L-2023-04 - Pdf Comment from Resident - #7.2 135 - 146 7.3. MW-2023-02 Forestview/Garner Stormwater Management Pond Cleanout and Retrofit - Cost Sharing Agreement MW-2023-02 - Pdf Comments from Resident - #7.3 147 - 152 7.4. PBD-2023-06 Information Report Vacant Building Registry and Vacant Residential Building Tax 153 - 160 Page 2 of 440 PBD-2023-06 - Pdf Comments from Resident - #7.4 7.5. PBD-2023-09 Information Report to Council for Uppers Quarry PBD-2023-09 - Pdf Comments from Resident - #7.5 161 - 167 8. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 8.1. F-2023-06 Monthly Tax Receivables Report (December) F-2023-06 - Pdf 168 - 171 8.2. PBD-2023-07 Downtown Community Improvement Plan Application DOW- 2022-001 4578-4588 Queen Street Applicant: Edward Pybus PBD-2023-07 - Pdf Comments from Resident - #8.2 172 - 319 8.3. PBD-2023-08 Lundy's Lane Community Improvement Plan - Commercial Facade, Landscaping and Property Improvement Grant Application, LLN-2023-001 6915 Lundy's Lane Applicant: On the Ridge Retail Inc. 320 - 327 Page 3 of 440 PBD-2023-08 - Pdf Comments from Resident - #8.3 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council receive and file for information Item #9.1 through to and including Item #9.3. 9.1. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Niagara Region Report CSD 4-2023 - Approval of 2023 Interim Levy Dates and Amounts 2. Niagara Region Report PDS 3-2023 - Approval of the Niagara Official Plan 3. Niagara Region Report CSD 2-2023 - 2023 Budget - Waste Management Services Operating Budget and Rate Requisition CLK-C 2023-002 - Approval of 2023 Interim Levy Dates and AmountsRevised CLK-C 2023-006 - Approval of the Niagara Official Plan CLK-C 2023-008 - Waste Management Operating Budget CLK-C 2023-009 - Waste Management Operating Budget CSD 2-2023 - Waste Management Operating Budget CSD 5-2023 - Waste Management Operating Budget By-law No. 2023-02 - Waste Management Operating Budget By-law No. 2023-03 - Water and Wastewater Operating Budget By-law No. 2023-04 - Water and Wastewater Operating Budget Comments from Resident - #9.1 328 - 424 9.2. Letter from the Minister of Municipal Affairs and Housing - 234-2023-285 City of Niagara Falls 425 - 426 Page 4 of 440 Attached is a letter from the Honourable Steve Clark, Minister of Municipal Affairs and Housing regarding the extension of the Streamline Development Approval Fund. Minister of Municipal Affairs and Housing - SDAF Extension Notification 9.3. Resolution – Town of Fort Erie – Freshwater Health Campaign Attached is a resolution from the Town of Fort Erie that was passed at its meeting of January 23, 2023 regarding the Great Lakes and St. Lawrence Cities Initiative – Freshwater Health Campaign GLSTCI-Freshwater Health Campaign 427 - 429 9.4. Memo from Finance - Niagara Falls Hydro Holding Corporation Attached is a memo from Tiffany Clark, Director of Finance, informing Council of the Niagara Falls Hydro Corporation update to the Shareholder. Memo - Niagara Falls Hydro Holding Corporation Update to the Shareholder 430 - 431 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Special Occasion Permit Request – 2023 Niagara I Heart Beer & Taco Festival Organizers of the event are looking to Council for a letter of Municipal Significance for this festival taking place at the Niagara Convention Centre on Saturday March 25, 2023 from 4:00 p.m. to 10:00 p.m. With Council declaring the event as “municipally significant”, this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Recommendation: That Council declare the 2023 Niagara I Heart Beer & Taco Festival as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. I Heart Beer and Taco Festival Correspondence 432 10.2. Comments from Resident (UPDATE) Recommendation: That Council receive the correspondence for information. 433 - 438 Page 5 of 440 Comments from Resident - #10.2 11. RATIFICATION OF IN-CAMERA 12. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2023- 010. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) By-law- 2023-010 - Parking Prohibited 439 2023- 011. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7th day of February, 2023. By-law 2023-011 - 02 07 23 Confirming By-law 440 14. ADJOURNMENT Page 6 of 440 The City of Niagara Falls, Ontario Resolution February 7, 2023 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on February 7, 2023, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (a) the security of the property of the municipality or local board. THEREFORE BE IT RESOLVED that on February 7, 2023 Niagara Falls City Council will go into a closed meeting to consider matters that fall under section 239 (2) (a) to discuss the security of the property of the municipality with regards to software licensing. AND The Seal of the Corporation be hereto affixed. Carried Unanimously WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 7 of 440 MINUTES Special City Council Meeting 4:00 PM - Tuesday, January 31, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, January 31, 2023, at 4:15 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (Present in Chambers) Councillor Wayne Campbell (Present via Zoom) STAFF PRESENT: Jason Burgess, Margaret Corbett, Erik Nickel, Andrew Bryce, Tiffany Clark, Nidhi Punyarthi, Shelley Darlington, Shawn Oatley, Heather Ruzylo, Michael Stewart, Kathy Moldenhauer, Jo Zambito, Dale Morton (Present in Chambers) Serge Felicetti, Trent Dark, Dave Butyniec, Dave Etherington, Kent Schachowskoj, Mat Bilodeau, Marianne Tikky, Ken Williams, Paul Brown (Present via Zoom) 1. CALL TO ORDER The meeting was called to order at 4:15PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of January 24, 2023 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel That Council approve the minutes of the January 24, 2023 meeting as presented. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Victor Pietrangelo declared a conflict of interest to item #4.3 - F2023-10 - Operating Budget. References to Montrose/Biggar Road reconstruction project. Councillor's family owns land that will be affected. Mayor Diodati passed over to Councillor Pietrangelo to Chair the meeting at 4:20PM 4. REPORTS Page 1 of 5 Page 8 of 440 4.1. F-2023-09 2023 Parking Budget Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo 1. That Council APPROVE removing tiered fines in the Downtown and Main/Ferry areas estimated to add $7,200 in revenue in 2023, instead implementing a City wide fine structure and that staff be directed to report back with necessary amendments to by-laws and Schedule of Fees. 2. That Council APPROVE a 10% increase in parking fines estimated to add $34,400 in revenue in 2023 and that staff be directed to report back with necessary amendments to by-laws and the Schedule of Fees. 3. That Council APPROVE a 10% increase in parking permit fees estimated to add $8,900 in revenue in 2023 and that staff be directed to report back with necessary amendments to by-laws and the Schedule of Fees. 4. That Council APPROVE an increase in the “Summer Flat Rate Parking” from $10/day to $15-20/day estimated to add $10,000 in revenue in 2023 and that staff be directed to report back with necessary amendments to by-laws and the Schedule of Fees. 5. That Council APPROVE adding additional on-street parking on Fallsview Boulevard fronting Casino shops during the off season estimated to add $14,400 of revenue in 2023. 6. That Council APPROVE extending on-street parking on Victoria Avenue From Labour Day to May 24 (currently Thanksgiving to May 24 only) estimated to add $6,000 in revenue in 2023. 7. That Council APPROVE the 2023 proposed parking budget as presented including any approved amendments from recommendations 1-6. Carried Unanimously (Councillor Campbell was absent for vote) 4.2. 2023 Operating Budget - PRESENTATION Tiffany Clark, Director of Finance, presented the 2023 Operating Budget to Council. 4.3 . F-2023-10 2023 Tax Supported Operating Budget Moved by Councillor Mike Strange Seconded by Mayor Jim Diodati 1. That Council APPROVE 2023 funding levels for Boards and Commissions, as follows: a. Niagara Falls Illumination Board - $45,978 b. Niagara District Airport Commission Operating - $190,014 Page 2 of 5 Page 9 of 440 c. Niagara District Airport Commission Capital - $130,133 d. Niagara Fall Public Library Board - $5,368,608 2. That Council APPROVE 2023 funding levels for Fee for Service groups, as follows: a. Animal Control Services - $556,670 b. Boy’s & Girl’s Club - $211,149 c. Downtown BIA (Santa Claus Parade & Sparkle Awards) - $22,000 d. Firemen’s Park - $31,950 e. Niagara Falls Art Gallery - $28,000 f. Niagara Falls Concert Band - $3,600 g. Niagara Falls Ryerson Innovation Hub - $274,626 3. That Council APPROVE 2023 funding level for St. John Ambulance Water Patrol totaling $32,900. 4. That Council not APPROVE the closure of the Niagara Falls Lion’s outdoor pool located at 4981 Drummond Rd estimated to reduce expenditures by $65,000, and continue with its use in 2023. 5. That Council not APPROVE the closure of the EE Mitchelson outdoor pool located at 3750 Springdale Ave. estimated to reduce expenditures by $65,000, subject to a report coming back to Council that will detail any expenditures required to open the pool. 6. That Council APPROVE a reduction in Museum hours at the Battleground and Willoughby Museum’s estimated to reduce expenditures by $10,000. 7. That Council APPROVE staff in increasing dry floor utilization at the Gale Centre during the summer, estimated to increase revenue by $15,000. 8. That Council APPROVE the reduction of Spooky Award prizes, paid advertising and transportation by 50% estimated to reduce expenditures by $3,000. 9. That Council APPROVE staff to work with Nustadia Media and add of 1-2 monitors at Recreation and Culture Facilities to display advertising estimated to increase revenue by $10,000. 10. That Council APPROVE a reduction in the City’s beautification service level to remove any Business Improvement Areas (BIAs) from the scope, estimated to reduce expenditures by $20,000. 11. That Council APPROVE a reduction in splash pad hours from 9:00am to 8:00pm (11 hours) to 10:30am to 7:30pm (9 hours) estimated to reduce expenditures by $10,000. 12. That Council APPROVE the addition of a licence fee to Sidewalk Café’s in the amount of $35 per square meter, estimated to increase revenue by $30,000 and the staff be directed to report back with any necessary amendments to by-laws and the Schedule of Fees. Page 3 of 5 Page 10 of 440 13. That Council APPROVE the addition of an application fee structure for Special Event Applications to assist with administrative costs in processing the application as follows: a. $100 per application from small events b. $250 per application for medium events c. $500 per application for large events estimated to increase revenue by $10,000 and that staff be directed to report back with any necessary amendments to by-laws and that Schedule of Fees. 14. That Council APPROVE staff to charge the following fees for Preventable False Alarms as approved in the 2023 Schedule of Fees, estimated to increase revenue by $120,000: a. No charge for the first two alarms, written warning after second alarm b. $300 for the third alarm c. $400 for the fourth alarm d. $800 for the fifth alarm with the alarms being calculated based on the calendar year commencing January 1st. 15. That Council acknowledge the approved fees for Training Ground Rentals as approved in the 2023 Schedule of Fees, estimated to increase revenue by $30,000. 16. That Council APPROVE a reduction of 50% of the Debt Placeholders Budget from a levy impact of $668,186 to $334,093. 17. That Council APPROVE a reduction of 50% of the increase in the Fleet Replacement Reserve contribution from a levy impact of $1,547,601 to $773,801, reducing the transfer to Capital Special Reserves from $3,449,850 to $2,676,049. 18. That Council APPROVE the hiring of 6 probationary Fire Fighters to backfill long term leaves of absence and that Council APPROVE a reduction of $200,000 from the Firefighter Suppression Overtime Budget from $1,700,000 to $1,500,000. 19. That Council APPROVE a 2023 tax levy increase related to operating revenues and expenditures of $5,829,016. 20. That Council APPROVE a reduction of 50% of the proposed 1% Special Capital Levy from $787,254 to $393,627. 21. That Council APPROVE the additional Special Capital Levy of $393,627as an addition to the Capital Levy to fund Asset Management initiatives as mandated by the Province of Ontario. 22. That Council APPROVE the 2023 Tax Supported Operating Budget with a Net Levy Requirement of $84,973,020 inclusive of the additional Special Capital Levy. Page 4 of 5 Page 11 of 440 A recorded vote was requested by Councillor Wayne Thomson. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Lori Lococo, Councillor Tony Baldinelli, Councillor Ruth- Ann Nieuwesteeg, and Councillor Mona Patel Carried Unanimously 9-0 on a recorded vote Moved by Mayor Jim Diodati Seconded by Councillor Mike Strange That Council receive the correspondence for information. Carried Unanimously (Councillor Campbell was absent for vote) 5. BY-LAWS 2023- 009. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31st day of January, 2023. Moved by Mayor Jim Diodati Seconded by Councillor Wayne Thomson That the by-laws be read a first, second and third time and passed. Carried Unanimously 6. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg That Council adjourn the meeting at 6:13PM. Carried Unanimously Mayor City Clerk Page 5 of 5 Page 12 of 440 1 Michael Stewart To:evi mitchinson; Bill Matson; CouncilMembers Cc:Heather Ruzylo; Erik Nickel; Gerald Spencer; Kira Dolch; Andrew Bryce; Jim Diodati Subject:RE: [EXTERNAL]-Presentation for February 7, 2023 City of Niagara Falls Council Meeting From: evi mitchinson <tgm@cogeco.ca> Sent: Thursday, February 2, 2023 5:08 PM To: Bill Matson <billmatson@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Erik Nickel <enickel@niagarafalls.ca>; Gerald Spencer <gspencer@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca>; Michael Stewart <michaelstewart@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Subject: RE: [EXTERNAL]-Presentation for February 7, 2023 City of Niagara Falls Council Meeting Hello Mr. Matson, Thank you for your thoughtful comment on my presentation. I do appreciate the fact that you will be hearing me for the first time at the February 7th Council meeting, but it appears you have already incorrectly concluded that part of my presentation pertains to a civil property boundary dispute since you state in your email, “I would perhaps suggest that you focus on your drainage concerns as opposed to the property boundary dispute since that is a civil matter between the 2 property owners and not something that Council would comment on.” I would like to offer you my assurance that my presentation is not in any way a request for Council’s assistance on any possible civil issue between my mother and her neighbour. To clarify for you, my oral presentation will be limited to the content in the written copy I already submitted (along with photos) which focuses on my mother’s drainage issue. The photos I submitted, and am requesting be shown while I make my oral presentation, are for the purpose of showing Council members just how improper and unjust the Notice of Contravention dated November 21, 2022 is, and because By-law enforcement in this case is driven on a complaint basis, I believe it is a judicial fairness issue that I be allowed to present my mother’s case in a manner that will inform council members of how this complaint driven Notice of Contravention began and why it is so unjust and unfair. There is no property boundary dispute that will be raised before Council unless Council brings it up or has questions for me. J.D. Barnes Limited settled that issue September 13, 2022 when they conducted a property boundary survey for my mother. The photos in my presentation are to show that my mother’s drainage pipe is all underground save and except where it exits on the grassy section ahead of the curb and is not fouling or obstructing a highway, nor is it discharging groundwater to a neighbouring property. While the neighbour has destroyed and unlawfully taken my mother’s property claiming the City advised him the curb cut defines his driveway boundary, I acknowledge that aspect is a civil matter and will be taken care of accordingly if required. Remaining mindful of the 5 minute time limit, and so as not to sacrifice anything in my presentation, it is my sincere hope that arrangements can be made to accommodate all of the photos submitted. Can they be shown simultaneously without comment from me while giving my oral presentation? I’m not sure how things works, but should Council or anyone have questions for me at the end of my presentation, I of course would be only too happy to offer explanation. I am looking to get this matter settled fairly, justly and expeditiously having regard to what an uninvolved but informed person would expect considering the sum of all of the parts. I hope the foregoing has been of some assistance on the focus of my presentation and I again apologize for any confusion. Page 13 of 440 2 Sincerely, Evi Mitchinson From: Bill Matson Sent: February 1, 2023 4:48 PM To: evi mitchinson <tgm@cogeco.ca>; CouncilMembers <councilmembers@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Erik Nickel <enickel@niagarafalls.ca>; Gerald Spencer <gspencer@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca>; Michael Stewart <michaelstewart@niagarafalls.ca> Subject: RE: [EXTERNAL]-Presentation for February 7, 2023 City of Niagara Falls Council Meeting Evi, Thank you for forwarding your materials in advance of the February 7th Council meeting. Since you will only be allotted 5 minutes to make your presentation I would perhaps suggest that you focus on your drainage concerns as opposed to the property boundary dispute since that is a civil matter between the 2 property owners and not something that Council would comment on. I would suggest being in attendance at City Hall for 4:30pm on February 7th and the Mayor will invite you to speak not too long after that. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: evi mitchinson <tgm@cogeco.ca> Sent: Wednesday, February 1, 2023 4:14 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: [EXTERNAL]-Presentation for February 7, 2023 City of Niagara Falls Council Meeting Hello, I would like to introduce myself to you. My name is Evi Mitchinson and I am scheduled to make a presentation to Niagara Falls City Council at the February 7, 2023 Council meeting. For your convenience I have attached a written copy of my presentation along with relevant photos I will be using during the presentation. Below you will find a brief description of the photos themselves. A pdf. of my written presentation is at the end of the photos. Thank you, Evi Mitchinson P.S. Heather: Thank you for the assistance. PDF Copy of Presentation to NF City Council, February 7, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 14 of 440 1 Michael Stewart To:Heather Ruzylo Subject:RE: [EXTERNAL]-February 7, 2023 City of NF Council Meeting Presentation From: evi mitchinson Date: February 4, 2023 at 10:51:40 AM EST To: CouncilMembers <councilmembers@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>, Heather Ruzylo <hruzylo@niagarafalls.ca>, Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-February 7, 2023 City of NF Council Meeting Presentation Dear Council Members, Attached is a document from the office of MPP Wayne Gates that I would like you to have prior to the February 7, 2023 Council meeting. I am scheduled to make my presentation to City Council on that date with regards to a severe drainage issue I am respectfully asking Council’s help with. I contacted Mr. Gates’ office requesting help as it pertains to provisions in the Drainage Act, R.S.O. 1990, c. D.17 because I received no answer/reply to my email dated January 12, 2023 sent at 11:43 a.m. to Mr. Erik Nickel, General Manager of Municipal Works. To this date, I still have not received a reply from Mr. Nickel to my email. In an email from the City of Niagara Falls dated July 6, 2022, the City has stated: “Drainage law in Ontario and our service levels in Niagara Falls require that individual property owners take responsibility for their own property and as such the City takes no responsibility for storm water on private property.” This statement did not seem correct to me. I needed to appropriately determine whether or not any provisions in the Drainage Act could assist my mother in her drainage problem. I also needed to know if what the City of Niagara Falls was telling me was indeed correct. I will allow you time to read the response I received from the Legislative Research Team that Mr. Gates’ office contacted on my behalf. Please note the highlighted section at the end of that document under “Private Drains”. Respectfully submitted, Evi Mitchinson From: Ascah, Quinton Sent: January 20, 2023 9:51 AM To: evi mitchinson Subject: Drainage Act - MPP Wayne Gates Good morning, Evi, I hope this email reaches you well. I submitted information about your inquiry re: the Drainage Act to our Legislative Research team. Page 15 of 440 2 Please find attached to this email the draft that they put together with more information. I hope this document is helpful. If you have any questions or concerns, or if there is anything else you need assistance with, please do not hesitate to reach out, Quinton Ascah Office of Wayne Gates MPP (Niagara Falls, Niagara-on-the-Lake and Fort Erie) ______________________________________________________ Niagara Falls : tel/ tél.: (905) 357-0681 | fax/ téléc.: (905) 357-9456 Fort Erie : tel/ tél.: (905) 871-8868 | fax/ téléc.: (905) 871-4717 Niagara-on-the-Lake : tel/ tél.: (289) 241-2238 | WayneGates.com ______________________________________________________ Niagara Falls : tel/ tél.: (905) 357-0681 | fax/ téléc.: (905) 357-9456 Fort Erie : tel/ tél.: (905) 871-8868 | fax/ téléc.: (905) 871-4717 Niagara-on-the-Lake : tel/ tél.: (289) 241-2238 | WayneGates.com Confidentiality Warning: This message and any attachments are intended only for the use of the intended recipient(s), are confidential, and may be privileged. If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation or other use of this message and any attachments is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return e-mail, and delete this message and any attachments from your system. Thank you. Information confidentielle: Le présent message, ainsi que tout fichier qui y est joint, est envoyé à l'intention exclusive de son ou de ses destinataires; il est de nature confidentielle et peut constituer une information privilégiée. Nous avertissons toute personne autre que le destinataire prévu que tout examen, réacheminement, impression, copie, distribution ou autre utilisation de ce message et de tout fichier qui y est joint est strictement interdit. Si vous n'êtes pas le destinataire prévu, veuillez en aviser immédiatement l'expéditeur par retour de courriel et supprimer ce message et tout document joint de votre système. Merci. From: evi mitchinson Sent: January 12, 2023 11:43 AM To: 'Erik Nickel' <enickel@niagarafalls.ca> Cc: 'Mike Strange' <mstrange@niagarafalls.ca> Subject: Hello Mr. Nickel, I’m still working on issues from my end. Can you please point me to the section in the Drainage Act that Sue Noble has relied on in her July 6, 2022 email sent to me at 9:59 a.m. where she states: Page 16 of 440 3 “Drainage law in Ontario and our service levels in Niagara Falls require that individual property owners take responsibility for their own property and as such the City takes no responsibility for storm water on private property.” Thank you, Evi Mitchinson CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 17 of 440 January 19, 2023 103470 January 19, 2023 MEMORANDUM TO: Wayne Gates, MPP Niagara Falls ATTENTION: Quinton Ascah SUBJECT: Responsibility for Private and Municipal Drains This memo responds to your request for information about drainage law in Ontario. A constituent has inquired about the Drainage Act in an effort to assist her mother. The constituent’s mother paid for and installed a storm drainpipe on her property. According to the constituent, the City has said that “drainage law in Ontario and our service levels in Niagara Falls require that individual property owners take responsibility for their own property and as such the City takes no responsibility for storm water on private property.” The constituent has asked whether this is correct and whether the Drainage Act could assist her mother. Below, I have provided a basic overview of the Drainage Act and responsibility for municipal and private drains. Please note, however, that this memo provides general information only. It is not legal advice and should not be relied on as such. The constituent should speak with a lawyer to get some advice on her specific situation. The Law Society of Ontario offers a referral service, which can provide the name of a lawyer to provide a free consultation. RESPONSIBILITY FOR MUNICIPAL AND PRIVATE DRAINS Municipal Drains and the Drainage Act Petition Process The Drainage Act sets out a process whereby property owners can petition their local municipality to develop communal solutions to solve drainage problems1. The end result of using the Act’s petition process is a municipal by-law that adopts an engineer’s report and authorizes the construction of a drainage system. After the drain is constructed, the total cost of the project is prorated to property owners in the watershed in accordance with an assessment schedule in the engineer’s report.2 Drains constructed following the Drainage Act petition process are known as “municipal drains.” Indeed, once constructed, municipalities have responsibility for their repair and maintenance. 1 Drainage Act, R.S.O. 1990, c. D. 17; Ontario, Drainage Act and Conservation Authorities Act Protocol (Queen’s Printer for Ontario, 2012), p. 53. 2 Drainage Act, s. 74(1); Ontario, Drainage Act and Conservations Act Authorities Protocol, p. 56. Page 18 of 440 Specifically, s. 74 of the Drainage Act states that any drainage works constructed by a by-law passed under the Act relating to the construction or improvement of a drainage works by local assessment must be maintained and repaired by each local municipality through which it passes. Repair and maintenance costs are levied to upstream landowners in the watershed of the drain.3 Private Drains Outside of the Drainage Act petition process, property owners may construct private drainage systems. Two main types of private drains may be constructed in Ontario today: mutual agreement drains and private drainage systems.4 A mutual agreement drain is a written agreement between two or more property owners that is registered on title.5 It involves a shared drainage system between property owners. Mutual agreement drains are authorized by s. 2 of the Drainage Act, but they are private drainage systems. Usually, the local municipality is not involved, unless the municipality is a party to the agreement with the property owner.6 The provisions contained in s. 74 of the Act (which place repair and maintenance obligations on municipalities for drains constructed under the petition process) do not apply to mutual drains.7 An individual property owner may also construct a private drainage system to resolve their own drainage problems. Such drains are not municipal drains like those constructed under the Drainage Act petition process, and the Drainage Act does not appear to place any responsibility on municipalities for their repair or maintenance. Typically, the obligation to maintain and repair storm drainage systems on private property is described as resting with the owner of that property.8 According to the City of Waterloo, “currently, no municipality has the authority to maintain or improve storm drainage facilities across an individual’s property.”9 Disputes between neighbours regarding drainage are generally governed by the common law (i.e., rules set out in case law that have not been altered by legislation).10 Ontario’s Ministry of Agriculture, Food and Rural Affairs (OMFRA) has an e-resource on drainage conflicts with neighbours and a fact sheet on the Top 10 Common Law Drainage Problems between Rural Neighbours. 3 Drainage Act, ss. 74 and 79. 4 Award drains are another type of private drain still found in Ontario. However, these drains were constructed pursuant to legislation that was repealed in 1963, such that no new award drains can be constructed today. See Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), “Different types of drains.” 5 Drainage Act, s. 2(1) and (3). 6 OMAFRA, “Different types of drains.” 7 Specifically, s. 2(4) of the Drainage Act states that the subsequent provisions of the Act (e.g., those placing responsibility for repair and maintenance of drains constructed under the petition process on municipalities) do not apply to mutual drains. 8 City of Toronto, Staff Report, Transfer of Ownership, Maintenance and Repair of Private Strom Drainage Systems & Catch Basins to the City, September 4, 2015, p. 1. (This report recommended that responsibility for maintenance and repair remain with the private property owner rather than be transferred to the City citing “very significant implementation challenges, risk, and cost and resource impacts to the City” associated with such a transfer (p. 12). 9 City of Waterloo, Stormwater management, “Drainage and flooding.” 10 OMAFRA, Top 10 Common Law Drainage Problems Between Rural Neighbours, April 1998. Page 19 of 440 Page 1 of 7 Presentation to Niagara Falls City Council DATE: February 7, 2023 Council Meeting SUBJECT: Drainage Issue PRESENTER: Evi Mitchinson Good afternoon. Thank you for this opportunity to address Niagara Falls City Council. My name is Evi Mitchinson and I am here on behalf of my mother Elisabeth Glavanovics. Mom is a 91-year-old widow and a long-time resident of Niagara Falls living in the Chippawa community. My mother owns and still lives in her same home on MacKenzie Drive since 1961. Photos can sometimes say more than words, so I’ve included photos to show to you during my presentation. A severe stormwater ponding issue in my mother’s backyard has become increasingly worse year-after-year. She is not dealing with a minor inconvenience from wet weather but is dealing with a major and significant problem for many months of the year. My mother’s home faces property damage due to heavy flooding experienced from stormwater not able to drain from her backyard. In combination with other factors, climate change with it’s more-and-more significant storm events has made a substantial contribution to the impact she is facing . Before anyone says, “oh no, not another drainage issue”, the purpose of me being here is to tell my mother’s story, and in the process hopefully shine a light on problems we’ve encountered in trying to rectify the matter with the City of Niagara Falls. I am disappointed and frustrated by the current process and need City Council’s help in resolving this issue in a timely manner. Page 20 of 440 Page 2 of 7 My mother has a severe ponding issue which became so extreme that ducks have landed in the small pond this stormwater has created in her 60’ x 120’ parcel of land situated in a residential neighbourhood. The ponding became so severe that in the spring of 2021, the stormwater crept to within 4 metres of her back door. Since this stormwater was just sitting in my mother’s backyard with no place to drain to, we hired a licensed drainage contractor to help drain the stormwater to the City’s storm drain. The work was carried out in late July 2021 after the ground dried out sufficiently for excavating equipment to be brought in without sinking into the super-saturated ground. As some of you may know, Chippawa’s soil content is mainly clay and clay does not have good drainage properties. As a matter of fact, the MacKenzie Drive/Cartier Drive neighbourhood was “marshland” prior to this subdivision being built in the 1950’s. During excavation of my mother’s yard, the neighbour to her immediate east approached the contractor and told him he did not like the pipe. It did not matter that this neighbour’s stormwater was being diverted into my mother’s backyard; he just did not like the pipe. The pipe was not even connected yet, and already this neighbour had issues. What this neighbour’s problem with the drainage pipe is, we do not know, and the City of Niagara Falls will not tell us. All we know is that this neighbour complained to the City. That was all that was needed; a simple complaint, which then triggered a set of actions by the City; actions that when compared to the dozens and perhaps hundreds of other homeowners in Page 21 of 440 Page 3 of 7 the City having done the exact same thing as my mother has done, needs to be raised and closely examined. The distinguishable feature between my mother and these other homeowners is only one thing; a complaint. That’s all. A complaint. The fact that they all have a drainage pipe on City right- of-way is being ignored by By-law Enforcement and more importantly, is being allowed to stay without consequence to them. The action taken against my mother is not only fundamentally wrong, it is prejudicial and unfair. When the City acquiesces to this type of conduct, we all lose. The City loses the respect from its residents, and the residents lose faith and proper governance from the Municipality. By-law Enforcement for the City of Niagara Falls issued my mother a Notice of Contravention charging her under 2 By-laws that do not apply to her situation. Moreover, these are By-laws that the City is wilfully ignoring for everyone else in the City doing the exact same thing as my mother. The Notice of Contravention dated November 21, 2022 states that my mother has: “…without authorization, placed an encumbrance upon municipal property at or near the site location noted above, contrary to City of Niagara Falls By-law 2002-064”, and further states: “Pipe must be removed from the City highway to ensure the highway is no longer obstructed or fouled”. Page 22 of 440 Page 4 of 7 The Notice further states: “In the event that such person does not comply with the direction in the said notice, the City may perform the work, or cause it to be done, and the cost thereof may be recovered from such person by court action, or the same may be removed in like manner as municipal taxes.” In an email dated January 12, 2023 addressed to the Manager of Municipal Law Enforcement, I requested answers to a number of relevant questions to help me understand the City’s position as it pertains to By-law related matters, and how the charges in the Notice of Contravention even apply to my mother. To this date, no answers have been received. A complaint from a neighbour is what started all of this, and the actual complaint and problem this neighbour has, is being kept a secret. How can one address a problem if By-law Enforcement will not be transparent and disclose the supposed problem this neighbour has; and at the same time ensure that all actions taken by the City are even-handed for all others doing the exact same thing? The irony of the situation is that the City of Niagara Falls has a CORPORATE VALUE CHARTER which states: “Our City Council, staff, and volunteers are committed to working together and demonstrating the highest standards of service and individual conduct.” Page 23 of 440 Page 5 of 7 It has also identified areas of Leadership, Teamwork, Accountability and Respect. Under “Respect” it states: “We value the rights and opinions of every person and ensure that everyone is treated with dignity, honesty, and fairness. We act with integrity and treat others as we want to be treated.” I would like to place emphasis on this “Respect” statement. This Corporate Value has not been achieved. The City has also identified key principles for the foundation of the City’s CUSTOMER SERVICE EXCELLENCE that have been endorsed by staff and City Council. Those guiding principles include: • to be open minded; • to acknowledge any mistakes made and take corrective measures; • meet or exceed our customer’s expectations in a timely, efficient, and effective manner; • ensure all customers are treated fairly and with courtesy and respect; I am deeply disappointed in how my mother’s matter has been handled, and I am also deeply disappointed in how I have been treated. Page 24 of 440 Page 6 of 7 My mother does not quality for assistance under the Residential Urban Drainage Assistance Program because her neighbours are not interested in participating and paying into this Program as they have already obtained relief for their drainage problems. The neighbouring properties are relying on my mother’s pipe to drain their properties, or they have installed their own drainage pipes that also are installed on the City right-of-way. Photos I have with this presentation demonstrate this fact. It is my hope and also my respectful request that City Council examine the current “complaint driven” process. I cannot see how a reasonable and informed person can rationalize and see the correctness for only singling out and charging one homeowner with a violation when it is well known by the City that dozens, if not hundreds of other homeowners throughout the City are doing the exact same thing that caused By-law Enforcement to charge only the one homeowner, namely my mother. How does this conduct support the City’s CUSTOMER SERVICE EXCELLENCE that has been endorsed by staff and City Council? The Director of Public Works has stated to me that he has no issue with my mother’s drainage pipe installed where it is. There is a problem with the wording in the Release and Indemnification that my mother is required to sign. If signed in its current form, it holds my mother responsible and liable for any and all claims, present and future, for water coming down her street for all the homes to the west of her and travelling its course past her home and to the City’s storm drain by Oliver Street. This includes naturally falling rain that mixes with the stormwater Page 25 of 440 Page 7 of 7 exiting my mother’s drainage pipe. I cannot allow my mother to sign this waiver for the same reasons that I am sure that you would not sign this waiver either. Paring this presentation down to 5 minutes to do justice to my mother’s story has been challenging at best. For any of you who would like more information to allow you to make an informed and proper decision, my contact information is with the City Clerk. Thank you all for taking the time to listen. Page 26 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-17 Sunday, February 05, 2023 6.1 Deputation regarding property matters Council, I recommend reassuring Evi Mitchinson that there is no egg timer that is going to go off 300 seconds after the presentation begins. We all know that as long as a presenter provides relevant unrepeated information they will be allowed to complete their concerns. Members of the public may be unduly stressed just to be standing before council, they should be reassured that for the moments they are, they have councils undivided concerns and attention. As the issue will be fluid, a default recommendation would be to direct staff review possible solutions with Evi Mitchinson and prepare a written report on the final outcome solution to be presented at a future meeting. We all like to hear happy endings. I believe councilor Campbell is on the Seniors Advisory Committee, perhaps he could make a comment on the issue. Seniors Advisory Committee documents attached ...  sac-goals-and-objectives  seniors-advisory-committee-terms-of-reference Council, she is 91 years olds, she was born when Canada became a sovereign nation. Fix this. Page 27 of 440 . Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing Page 28 of 440 party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 29 of 440 City of Niagara Falls Seniors Advisory Committee (“SAC”) Terms of Reference 1. Purpose To serve in an advisory capacity to City Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. 2. Objectives 2.1 The Seniors Advisory Committee (SAC) will act as a liaison to enrich and enhance the lives of seniors within Niagara Falls, identify barriers, form partnerships with the community and act as a public forum for issues affecting seniors. 2.2 To solicit input and act as a public forum for issues that affect seniors in the community. 2.3 To provide recommendations based on input received to improve the programs, policies and services provided to seniors. 2.4 To identify barriers to access by seniors to City programs and services. 2.5 To form partnerships in the community to educate, inform and improve quality of life for seniors. 2.6 Develop an action-orientated strategy to create an Age-Friendly Niagara Falls. Goals will be based upon the World Health Organization (WHO) principles as identified in the Age-friendly Framework and Toolkit. The principles will include:  Respect and support of all citizens  Access and inclusion for all citizens  Community engagement in decision making  Livability  Accountability  Promoting independence and wellness for seniors The Advisory Committee will work with decision makers to achieve an Age-friendly community. 2.7 To prepare and submit an annual report and recommendations to Council for consideration. 3. Membership 3.1 The advisory Committee shall consist of voting members:  Eight (8) City of Niagara Falls residents aged 60 years plus.  One (1) representative from the Coronation Centre Advisory Committee  One (1) representative from the Accessibility Committee Page 30 of 440 2  One (1) City Councillor 3.2 Any advisory support required by the Committee will be determined on an ad-hoc basis dependent on need and availability of resources. Sub-committees comprised of members-at-large may be initiated to achieve the objectives of the Advisory Committee. In addition, the Committee will engage non-voting resources that will serve in an advisory capacity: I. A staff liaison from the Recreation and Culture department II. Staff support from various City departments as required. III. Representatives from various community organizations and agencies as required. 3.3 Committee members shall be appointed by City Council for a four year term. 3.4 The Committee shall elect a Chair and Vice-Chair. 3.5 Any resignation from the Committee shall be tendered in writing to the Chair who will advise Council through City Staff. Council shall approve a replacement member for the balance of the term. 3.6 Members will be appointed for a period to coincide with the term of the appointing City Council. 4. Reporting The Committee will report to Council through the Recreation and Culture department. 5. Meetings 5.1 A quorum shall consist of a simple majority of the members holding office at the time of the meeting. 5.2 The chair will establish a regular Committee meeting schedule (8 to 10 per year) with no scheduled meetings in July and August. Meetings will occur on the second Thursday of the month from 2:30 p.m. to 4:00 p.m. 5.3 A meeting agenda will be prepared and distributed at least one week prior to the meeting. Minutes will be recorded and submitted for approval at a following meeting. 5.4 In order to maintain a high level of commitment, members may be asked to resign if they have been absent for three (3) consecutive meetings without good cause. 6. Member Responsibilities 6.1 Committee members shall become familiar with the Parks, Recreation and Culture Strategic Plan (2007), City Policies and Procedures and other relevant documents. Page 31 of 440 3 6.2 Each Committee member will serve as an independent community volunteer and will not represent the concerns of any particular community organization. Committee members shall work together as a team for the purpose of achieving positive outcomes that will benefit the entire community. 6.3 Committee members are selected based upon their experience and knowledge and are expected to actively participate in committee meetings. 6.4 Committee members shall declare any situation that is, or has the potential to be a conflict of interest. 7. Code of Conduct The Committee shall, at all times follow the policies and procedures set out in the City of Niagara Falls Council/Committee Code of Conduct. Page 32 of 440 1 Seniors Advisory Committee Goals and Priorities 2019 – 2022 Purpose: Serve in an advisory capacity to Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. SAC acts as a liaison to enrich and enhance the lives of seniors within Niagara Falls by identifying barriers, forming partnerships with the community and acting as a public forum for issues affecting seniors. Goal #1: Promote Awareness and Encourage Input 1. Create Awareness of the Role of the Seniors Advisory Committee Actions: 1.1 Promote the mandate of SAC by utilizing the City’s web site and promotional materials by September 2019 and ongoing. 1.2 Create an email account and use business cards to encourage input by September 2019. 1.3 Provide information and links to programs and services for seniors by December 2019 and ongoing. 1.4 Share SAC successes with Council and residents of Niagara Falls. Ongoing. 2. Solicit input and act as a public forum for issues that affect seniors in the community Actions: 2.1 Establish key questions to be used when soliciting input by November 2019. 2.2 Identify audiences and locations to seek meaningful input by March 2020. 2.3 Develop and use surveys, as needed, with professional guidance. Ongoing. 2.4 Collect and analyze input and feedback by June 2020. 2.5 Develop recommendations based on top 3-5 critical issues identified by residents by November 2020. 3. Improve seniors’ participation in City Programs and Services Actions: 3.1 Review current City of Niagara Falls programs and services and usage data by September 2020. 3.2 Seek input from residents using key questions to help identify reasons seniors do not participate by March 2021. 3.3 Using data collected, identify top 3-5 reasons seniors do not access programs and services by September 2021. Page 33 of 440 2 3.4 Prepare recommendations to address identified reasons and barriers by December 2021. Goal #2: Explore and develop partnerships that inform and improve the quality of life for seniors 1. Identify possible partnerships Actions: 1.1 Determine which service clubs, community or business groups are interested in supporting seniors and SAC activities by December 2019. 1.2 Develop partnerships with appropriate organizations. Ongoing 2. Liaise with similar committees in Niagara to share information and avoid duplication Actions: 2.1 Interact and maintain contact with the other municipal seniors’ advisory committees in Niagara beginning in September 2019 and ongoing. 2.2 Participate in Niagara Age-Friendly activities and knowledge exchange beginning in September 2019 and ongoing. Goal #3: Develop an action-oriented strategy, focused on older adults, to create an Age-Friendly Niagara Falls 1. Complete the Age-Friendly self-assessment of Niagara Falls Actions: 1.1 Review self-assessment requirements and develop a schedule for completion by October 2019. 1.2 Conduct self-assessment and identify current barriers and gaps in services by April 2020 1.3 Analyze results and develop recommendations to address barriers and gaps by December 2020. Page 34 of 440 3 2. Secure Council’s support to create an Age-Friendly Niagara Falls Actions: 2.1 Prepare plan and recommendations for presentation to Council by May 2021 2.2 Present plan and recommendations to Council in June 2021. 2.3 Follow-up and communicate outcomes by December 2021. Goal #4: Advise Council 1. Provide recommendations, based on input received, to improve programs, policies and services provided to seniors Actions: 1.1 Present annual report to Council, highlighting accomplishments, key issues and ongoing activities by June each year. 1.2 Provide recommendations to Council, based on input from residents, as necessary. Ongoing Page 35 of 440 1 Michael Stewart To:Bill Matson; Heather Ruzylo Subject:RE: [EXTERNAL]-Previous email -----Original Message----- From: Lucas Bahdi Sent: Tuesday, January 17, 2023 3:12 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca>; Trevor Toth <ttoth@niagarafalls.ca>; Margaret Corbett <mcorbett@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Sam Valeo <svaleo@niagarafalls.ca> Subject: Re: [EXTERNAL]-Previous email Hi Bill, I am kindly asking to put me on the agenda for council for the beginning of February to explain circumstances in regards to my property. Thanks Lucas Bahdi > On Jan 16, 2023, at 12:00 PM, Bill Matson <billmatson@niagarafalls.ca> wrote: > > Mr. Bahdi, > > As per my previous email, I have been advised by staff that the timeline for requesting a refund for development charges paid on building permit number BP-2021-0048 at 4389 Beechwood Road, is long past. > > Bill Matson | City Clerk | Director of Clerks Services | City of > Niagara Falls > 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext > 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca > > > -----Original Message----- > From: Lucas Bahdi > Sent: Sunday, January 15, 2023 7:56 PM > To: Bill Matson <billmatson@niagarafalls.ca> > Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Kira Dolch > <kdolch@niagarafalls.ca>; Trevor Toth <ttoth@niagarafalls.ca>; > Margaret Corbett <mcorbett@niagarafalls.ca>; Mike Strange > <mstrange@niagarafalls.ca>; Victor Pietrangelo > <vpietrangelo@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> > Subject: Re: [EXTERNAL]-Previous email > > Hi Bill, Page 36 of 440 2 > > Happy new year! > > I am just following up with the email below. > > Can you please advise. > > Thank you > > Lucas Bahdi > > >> On Dec 24, 2022, at 3:55 PM, Lucas Bahdi wrote: >> >> Hi Bill, >> >> This is very disappointing and unfair. >> Development charges were paid in protest. >> I have been attempting to appear before council to request a refund for the development charges as there was previously a house on the lot that was destroyed in an explosion. >> On January 10, 2022, I called the clerk department at the City of NF and requested to appear before council. I was told that for the time being there were no meetings and that I would have to make the request at a later date. >> I made a request by email November 7th but did not receive a response. I attempted again on November 21st and was invited to speak at the next meeting on November 22nd. With only one day notice, I was unable to make it. I was told that the next meeting was Dec 13th and asked to be booked in. Six days later, I was informed that the time limit for requesting the refund was long past. >> I am respectfully asking that you reconsider this request. >> >> Sincerely, >> Lucas Bahdi >> >> >> >> Lucas Bahdi >>>> On Nov 28, 2022, at 4:38 PM, Bill Matson <billmatson@niagarafalls.ca> wrote: >>> Lucas, >>> >>> After reviewing your request further, it has come to my attention that the time limit for requesting such a refund has long passed. >>> >>> Specifically, your request for a refund for development charges paid on the building permit number BP-2021-0048 at the address of 4389 Beechwood Road, was issued December 22, 2021. The payment for the development charges was made the same day. >>> >>> The Development Charges Act (Provincial legislation) lays out the Complaint Process. In section 20 (1) of the Act, it states that a person required to pay a development charge may complain to the council of the municipality. However, Section 20 (2) states "A complaint may not be made under subsection (1) later than 90 days after the day the development charge, or any part of it, is payable". >>> >>> Since we are well past the 90 days, your request for a hearing before City Council is denied. >>> >>> Bill Matson | City Clerk | Director of Clerks Services | City Page 37 of 440 3 >>> of Niagara Falls >>> 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 >>> ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca >>> >>> >>> >>> -----Original Message----- >>> From: Carmela Bahdi >>> Sent: Tuesday, November 22, 2022 9:26 AM >>> To: Bill Matson <billmatson@niagarafalls.ca> >>> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> >>> Subject: Re: [EXTERNAL]-Previous email >>> >>> OK great can you please book me in >>> >>>>> On Nov 22, 2022, at 9:08 AM, Bill Matson <billmatson@niagarafalls.ca> wrote: >>>> >>>> Lucas, >>>> >>>> The next meeting of Council is scheduled for December 13th >>>> >>>> Bill Matson | City Clerk | Director of Clerks Services | City >>>> of Niagara Falls >>>> 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 >>>> ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca >>>> >>>> >>>> >>>> >>>> -----Original Message----- >>>> From: Carmela Bahdi >>>> Sent: Monday, November 21, 2022 2:47 PM >>>> To: Bill Matson <billmatson@niagarafalls.ca> >>>> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> >>>> Subject: Re: [EXTERNAL]-Previous email >>>> >>>> No problem, thanks for getting back to me. >>>> >>>> Tomorrow doesn’t work for me. Do you have a date for the next meeting? I would like to be there in person. >>>> >>>> Thanks >>>> >>>> Lucas Bahdi >>>> >>>>>> On Nov 21, 2022, at 1:31 PM, Bill Matson <billmatson@niagarafalls.ca> wrote: >>>>> Lucas, >>>>> Sorry for my delay. I was hoping staff would have had a chance to reach out to you to get this sorted out before the Council meeting. >>>>> If you do not hear from staff in the next 24hrs, we can list you on the Council agenda to speak to the matter tomorrow OR if you provide me with more details in writing (responding to the email), we could have your written submission listed on the agenda and save you a trip from attending in person. Either way, it is likely that Council will refer the matter back to staff by way of a motion, as to how to move forward with your request. Page 38 of 440 4 >>>>> The Council meeting starts tomorrow at 4:00pm but the first item will have them go into a closed meeting for about 45 to 60 minutes. When the meeting resumes in open session around 5:00pm, there are a couple of presentations to be held, and then a couple of Planning applications to be presented around 5:30pm. So if you are to attend, it would likely be some time after 6:00pm that we would have your matter listed on the agenda. >>>>> My apologies for the confusion. >>>>> Bill Matson | City Clerk | Director of Clerks Services | City >>>>> of Niagara Falls >>>>> 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 >>>>> ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca >>>>> -----Original Message----- >>>>> From: Carmela Bahdi >>>>> Sent: Monday, November 21, 2022 11:03 AM >>>>> To: Bill Matson <billmatson@niagarafalls.ca> >>>>> Subject: [EXTERNAL]-Previous email Hi Bill, this is Lucas Bahdi. I >>>>> just making sure you got my previous email Thanks >>>>> CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 39 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-15 Sunday, February 05, 2023 6.2 Request to Refund Development Charges - Lucas Bahdi Building permit number BP-2021-0048 at 4389 Beechwood Road Council, On the matter of deferral by the clerk, I can personally state that I too have been deferred as Lucas Bahdi has been, although not for the same topic. Nonetheless this aspect of his concern is irrelevant. I have not pursued the timeline of events but his failure to appear before council (even if it was his own doing) is not the issue, if Lucas Bahdi contacted the city as per 20(2) and 20(3), even if is just an email sent to the clerk he has fulfilled his obligation. It does appear that he has fulfilled all four requirements of 20(3), written email, his name, return email address to provide for notices and the reasons for the complaint. I recommend that should it be determined that Lucas Bahdi contacted the city as per 20(2) and 20(3) it be motioned he be granted the request. Good luck Lucas, hope you were quick enough. I will direct you to this section of the Development Charges Act (attached) for ease of reference ... Page 40 of 440 . Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 41 of 440 1 Français Development Charges Act, 1997 S.O. 1997, CHAPTER 27 Consolidation Period: From November 28, 2022 to the e-Laws currency date. Last amendment: 2022, c. 21, Sched. 3, s. 1-12. Legislative History: 1997, c. 31, s. 146; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 12; 2006, c. 33, Sched. H; 2009, c. 33, Sched. 2, s. 24; 2015, c. 26, s. 1-10; 2015, c. 28, Sched. 1, s. 148; 2016, c. 25, Sched. 1 (see: 2019, c. 9, Sched. 3, s. 15 (1)); 2017, c. 10, Sched. 4, s. 2; 2018, c. 3, Sched. 5, s. 16 (see: 2019, c. 1, Sched. 3, s. 5); 2019, c. 1, Sched. 4, s. 14 (see: 2019, c. 9, Sched. 3, s. 15 (2)); 2019, c. 9, Sched. 3 (see: 2020, c. 18, Sched. 3, s. 12); 2019, c. 15, Sched. 10; 2020, c. 6, Sched. 1; 2020, c. 18, Sched. 3; 2021, c. 4, Sched. 6, s. 41; 2021, c. 34, Sched. 7; 2022, c. 12, Sched. 2; 2022, c. 21, Sched. 3, s. 1-12. SOMMAIRE PART I DEFINITIONS 1. Definitions PART II DEVELOPMENT CHARGES DEVELOPMENT CHARGES 2. Development charges 3. Limited exemption 4. Exemption for industrial development 4.1 Exemption for affordable and attainable residential units 4.2 Exemption for non-profit housing development 4.3 Exemption for inclusionary zoning residential units 5. Determination of development charges 5.1 Toronto-York subway extension 5.1.1 Yonge North subway extension 5.2 Prescribed services 6. Contents of by-law 7. Class of services 8. Commencement of development charge by-law 9. Duration of development charge by-law 9.1 Same, transitional matters 9.2 Special rule re emergency declaration PROCESS BEFORE PASSING BY-LAW 10. Background study 11. By-law within one year after study 12. Public meeting before by-law passed APPEAL OF BY-LAW 13. Notice of by-law and time for appeal 14. Appeal of by-law after passed 15. Clerk’s duties on appeal 16. Tribunal hearing of appeal 17. When Tribunal ordered repeals, amendments effective 18. Refunds, if Tribunal repeals by-law, etc. PROCESS AND APPEALS FOR AMENDMENTS TO BY-LAWS 19. Application of other sections to amendments COMPLAINTS ABOUT DEVELOPMENT CHARGES 20. Complaint to council of municipality 21. Notice of decision and time for appeal 22. Appeal of council’s decision 23. Clerk’s duties on appeal 24. Tribunal hearing of appeal Page 42 of 440 2 25. Refund if development charge reduced COLLECTION OF DEVELOPMENT CHARGES 26. When development charge is payable 26.1 Certain types of development, when charge payable 26.2 When amount of development charge is determined 26.3 Maximum interest rate 27. Agreement, early or late payment 28. Withholding of building permit until charge paid 29. Upper-tier municipalities, development charges 30. If upper-tier issues building permits 31. Agreement, upper-tier to collect charges 32. Unpaid charges added to taxes RESERVE FUNDS AND THE USE OF DEVELOPMENT CHARGES 33. Reserve funds 33.1 Reserve funds — transition, upper-tier municipalities 34. Development charges paid into reserve funds 35. Use of reserve funds 36. Municipality may borrow from reserve fund 37. Exclusions CREDITS 38. Credits for work 39. Credit relates to service for which work done 40. Transfer of credits 41. Use of a credit MISCELLANEOUS 42. Registration of by-law 43. Statement of treasurer PART III FRONT-ENDING AGREEMENTS FRONT-ENDING AGREEMENTS 44. Front-ending agreement 45. Contents of agreements OBJECTIONS TO AGREEMENTS 46. Notice of agreement and time for objections 47. Objection to agreement 48. Clerk’s duties if objection 49. Tribunal hearing of objection 50. Objections to amendments MISCELLANEOUS 51. When agreements in force 52. Non-parties bound by agreement 53. Building permits withheld until amounts paid 54. Use of money received under an agreement 55. Credits 56. Registration of agreement 57. Notice to other tier PART IV GENERAL 59. Planning Act, ss. 51, 53 59.1 No additional levies 60. Regulations 60.1 Regulations respecting transition, 2019 amendments PART V TRANSITIONAL RULES 61. Interpretation 62. By-laws under the old Act 63. Reserve funds under the old Act 64. Credits under old section 13, ineligible services 65. Credits under old section 13, eligible services 66. Debt under the old Act for eligible services 67. Agreements to pay early or late 68. Regulations, transition Page 43 of 440 3 PART I DEFINITIONS Definitions 1 In this Act, “area municipality” means a lower-tier municipality; (“municipalité de secteur”) “development” includes redevelopment; (“aménagement”) “development charge by-law” means a by-law made under section 2; (“règlement de redevances d’aménagement”) “front-ending agreement” means an agreement under section 44; (“accord initial”) “local board” means a local board as defined in section 1 of the Municipal Affairs Act other than a board as defined in subsection 1 (1) of the Education Act. (“conseil local”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “rental housing development” means development of a building or structure with four or more residential units all of which are intended for use as rented residential premises; (“aménagement de logements locatifs”) “waste diversion services” means services related to waste management, but not including, (a) landfill sites and services, and (b) facilities and services for the incineration of waste. 1997, c. 27, s. 1; 2002, c. 17, Sched. F, Table; 2015, c. 26, s. 1; 2019, c. 9, Sched. 3, s. 1; 2022, c. 21, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2015, c. 26, s. 1 - 01/01/2016 2019, c. 9, Sched. 3, s. 1 - 06/06/2019 2022, c. 21, Sched. 3, s. 1 - 28/11/2022 PART II DEVELOPMENT CHARGES DEVELOPMENT CHARGES Development charges 2 (1) 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 development of the area to which the by-law applies. 1997, c. 27, s. 2 (1). What development can be charged for (2) A development charge may be imposed only for development that 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; (b) the approval of a minor variance under section 45 of the Planning Act; (c) a conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act; (e) a consent under section 53 of the Planning Act; (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 in relation to a building or structure. 1997, c. 27, s. 2 (2); 2015, c. 26, s. 2 (1); 2015, c. 28, Sched. 1, s. 148. Page 44 of 440 4 Same (3) An action mentioned in clauses (2) (a) to (g) does not satisfy the requirements of subsection (2) if the only effect of the action is to permit the enlargement of an existing residential unit. 2022, c. 21, Sched. 3, s. 2 (1). Exemption for residential units in existing rental residential buildings (3.1) The creation of the greater of the following in an existing rental residential building, which contains four or more residential units, is exempt from development charges: 1. One residential unit. 2. 1 per cent of the existing residential units. 2022, c. 21, Sched. 3, s. 2 (1). Exemption for residential units in existing houses (3.2) The creation of any of the following is exempt from development charges: 1. A second residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the existing detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit. 2. A third residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units. 3. One residential unit in a building or structure ancillary to an existing detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the existing detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 3, s. 2 (1). Exemption for additional residential units in new residential buildings (3.3) The creation of any of the following is exempt from development charges: 1. A second residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the new detached house, semi-detached house or rowhouse cumulatively will contain no more than one residential unit. 2. A third residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units. 3. One residential unit in a building or structure ancillary to a new detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the new detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 3, s. 2 (1). What services can be charged for (4) A development charge by-law may impose development charges to pay for increased capital costs required because of increased needs for the following services only: 1. Water supply services, including distribution and treatment services. 2. Waste water services, including sewers and treatment services. 3. Storm water drainage and control services. 4. Services related to a highway as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be. 5. Electrical power services. 6. Toronto-York subway extension, as defined in subsection 5.1 (1). 6.1 Yonge North subway extension, as defined in subsection 5.1.1 (1). 7. Transit services other than the Toronto-York subway extension and the Yonge North subway extension. 8. Waste diversion services. 9. Policing services. Page 45 of 440 5 10. Fire protection services. 11. Ambulance services. 12. Services provided by a board within the meaning of the Public Libraries Act. 13. Services related to long-term care. 14. Parks and recreation services, but not the acquisition of land for parks. 15. Services related to public health. 16. Child care and early years programs and services within the meaning of Part VI of the Child Care and Early Years Act, 2014 and any related services. 17. REPEALED: 2022, c. 21, Sched. 3, s. 2 (2). 18. Services related to proceedings under the Provincial Offences Act, including by-law enforcement services and municipally administered court services. 19. Services related to emergency preparedness. 20. Services related to airports, but only in the Regional Municipality of Waterloo. 21. Additional services as prescribed. 2020, c. 18, Sched. 3, s. 1 (2); 2021, c. 34, Sched. 7, s. 1; 2022, c. 21, Sched. 3, s. 2 (2). Deemed amendment of by-law (4.0.1) If a by-law under this section imposes development charges to pay for increased capital costs required because of increased needs for housing services, the by-law is deemed to be amended to be consistent with subsection (4) as it reads on the day subsection 2 (2) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 2 (3). Development charge — relationship to community benefits charge (4.1) For greater certainty, nothing in this Act prevents a community benefits charge under section 37 of the Planning Act from being imposed with respect to the services listed in subsection (4), provided that the capital costs that are intended to be funded by the community benefits charge are not capital costs that are intended to be funded under a development charge by- law. 2020, c. 18, Sched. 3, s. 1 (2). Local services (5) A development charge by-law may not impose development charges with respect to local services described in clauses 59 (2) (a) and (b). 1997, c. 27, s. 2 (5). Services can be outside the municipality (6) A development charge by-law may impose development charges with respect to services that are provided outside the municipality. 1997, c. 27, s. 2 (6). Application of by-law (7) A development charge by-law may apply to the entire municipality or only part of it. 1997, c. 27, s. 2 (7). Multiple by-laws allowed (8) More than one development charge by-law may apply to the same area. 1997, c. 27, s. 2 (8). Area rating, prescribed areas and services (9) Despite subsection (7), a development charge by-law dealing with an area that is prescribed for the purposes of this subsection and with a service that is prescribed with respect to the prescribed area for the purposes of this subsection shall apply only to the prescribed area and not to any other part of the municipality. 2015, c. 26, s. 2 (3). Transition (10) Subsection (9) does not apply to a development charge by-law that was passed before the relevant area and the relevant service were prescribed for the purposes of that subsection. 2015, c. 26, s. 2 (3). Area rating, prescribed municipalities, services and criteria (11) The following rules apply to a municipality that is prescribed for the purposes of this subsection: Page 46 of 440 6 1. With respect to a service that is prescribed for the purposes of this subsection, the council shall pass different development charge by-laws for different parts of the municipality. 2. The parts of the municipality to which different development charge by-laws are to apply shall be identified in accordance with the prescribed criteria. 2015, c. 26, s. 2 (3). Transition (12) Subsection (11) does not apply to a development charge by-law that was passed before the municipality and the relevant service were prescribed for the purposes of that subsection. 2015, c. 26, s. 2 (3). Section Amendments with date in force (d/m/y) 2015, c. 26, s. 2 (1-3) - 01/01/2016; 2015, c. 28, Sched. 1, s. 148 - 03/12/2015 2016, c. 25, Sched. 1, s. 1 - no effect - see 2019, c. 9, Sched. 3, s. 15 (1) - 06/06/2019 2019, c. 9, Sched. 3, s. 2 - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020 2020, c. 18, Sched. 3, s. 1 (1, 2) - 18/09/2020 2021, c. 34, Sched. 7, s. 1 (1, 2) - 01/01/2022 2022, c. 21, Sched. 3, s. 2 (1-3) - 28/11/2022 Limited exemption 3 No land, except land owned by and used for the purposes of a municipality or a board as defined in subsection 1 (1) of the Education Act, is exempt from a development charge by reason only that it is exempt from taxation under section 3 of the Assessment Act. 1997, c. 27, s. 3. Exemption for industrial development 4 (1) If a development includes the enlargement of the gross floor area of an existing industrial building, the amount of the development charge that is payable in respect of the enlargement is determined in accordance with this section. 1997, c. 27, s. 4 (1). Enlargement 50 per cent or less (2) If the gross floor area is enlarged by 50 per cent or less, the amount of the development charge in respect of the enlargement is zero. 1997, c. 27, s. 4 (2). Enlargement more than 50 per cent (3) If the gross floor area is enlarged by more than 50 per cent 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: 1. Determine the amount by which the enlargement exceeds 50 per cent of the gross floor area before the enlargement. 2. Divide the amount determined under paragraph 1 by the amount of the enlargement. 1997, c. 27, s. 4 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2022, c. 21, Sched. 3, s. 3) Exemption for affordable and attainable residential units Definitions 4.1 (1) In this section, “affordable residential unit” means a residential unit that meets the criteria set out in subsection (2) or (3); (“unité d’habitation abordable”) “attainable residential unit” means a residential unit that meets the criteria set out in subsection (4). (“unité d’habitation à la portée du revenu”) 2022, c. 21, Sched. 3, s. 3. Affordable residential unit, rented (2) A residential unit intended for use as a rented residential premises shall be considered to be an affordable residential unit if it meets the following criteria: 1. The rent is no greater than 80 per cent of the average market rent, as determined in accordance with subsection (5). 2. The tenant is dealing at arm’s length with the landlord. 2022, c. 21, Sched. 3, s. 3. Page 47 of 440 7 Affordable residential unit, ownership (3) A residential unit not intended for use as a rented residential premises shall be considered to be an affordable residential unit if it meets the following criteria: 1. The price of the residential unit is no greater than 80 per cent of the average purchase price, as determined in accordance with subsection (6). 2. The residential unit is sold to a person who is dealing at arm’s length with the seller. 2022, c. 21, Sched. 3, s. 3. Attainable residential unit (4) A residential unit shall be considered to be an attainable residential unit if it meets the following criteria: 1. The residential unit is not an affordable residential unit. 2. The residential unit is not intended for use as a rented residential premises. 3. The residential unit was developed as part of a prescribed development or class of developments. 4. The residential unit is sold to a person who is dealing at arm’s length with the seller. 5. Such other criteria as may be prescribed. 2022, c. 21, Sched. 3, s. 3. Average market rent (5) For the purposes of paragraph 1 of subsection (2), the average market rent applicable to a residential unit is the average market rent for the year in which the residential unit is occupied by a tenant, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin”, as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of the Government of Ontario. 2022, c. 21, Sched. 3, s. 3. Average purchase price (6) For the purposes of paragraph 1 of subsection (3), the average purchase price applicable to a residential unit is the average purchase price for the year in which the residential unit is sold, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin”, as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of the Government of Ontario. 2022, c. 21, Sched. 3, s. 3. Arm’s length (7) For the purposes of this section, in the determination of whether two or more persons are dealing at arm’s length, section 251 of the Income Tax Act (Canada) applies with necessary modifications. 2022, c. 21, Sched. 3, s. 3. Affordable residential unit, exemption from development charges (8) The creation of a residential unit that is intended to be an affordable residential unit for a period of 25 years or more from the time that the unit is first rented or sold is exempt from development charges. 2022, c. 21, Sched. 3, s. 3. Same, agreement (9) A person who, but for subsection (8), would be required to pay a development charge and the local municipality shall enter into an agreement that requires the residential unit to which subsection (8) applies to be an affordable residential unit for a period of 25 years. 2022, c. 21, Sched. 3, s. 3. Attainable residential unit, exemption from development charges (10) The creation of a residential unit that is intended to be an attainable residential unit when the unit is first sold is exempt from development charges. 2022, c. 21, Sched. 3, s. 3. Same, agreement (11) A person who, but for subsection (10), would be required to pay a development charge and the local municipality shall enter into an agreement that requires the residential unit to which subsection (10) applies to be an attainable residential unit at the time it is sold. 2022, c. 21, Sched. 3, s. 3. Standard form agreement (12) The Minister of Municipal Affairs and Housing may establish standard forms of agreement that shall be used for the purposes of subsection (9) or (11). 2022, c. 21, Sched. 3, s. 3. Page 48 of 440 8 Registration of agreement (13) An agreement entered into under subsection (9) or (11) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. 2022, c. 21, Sched. 3, s. 3. Transition (14) Subsection (8) does not apply with respect to a development charge that is payable before the day section 3 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 3. Non-application of Legislation Act, 2006 (15) Part III (Regulations) of the Legislation Act, 2006 does not apply to, (a) a bulletin referred to in this section; or (b) a standard form of agreement established under subsection (12). 2022, c. 21, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 3 - not in force Exemption for non-profit housing development Definition 4.2 (1) In this section, “non-profit housing development” 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. Exemption (2) A non-profit housing development is exempt from development charges. 2022, c. 21, Sched. 3, s. 4. Transition (3) Subsection (2) does not apply with respect to a development charge that is payable before the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 4. Same (4) For greater certainty, subsection (2) applies to future instalments that would have been payable in accordance with section 26.1 after the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 4 - 28/11/2022 Exemption for inclusionary zoning residential units Exemption 4.3 (1) The creation of a residential unit described in subsection (2) is exempt from development charges unless a development charge is payable with respect to the residential unit before the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 4. Application (2) Subsection (1) applies in respect of residential units that are affordable housing units required to be included in a development or redevelopment pursuant to a by-law passed under section 34 of the Planning Act to give effect to the policies described in subsection 16 (4) of that Act. 2022, c. 21, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) Page 49 of 440 9 2022, c. 21, Sched. 3, s. 4 - 28/11/2022 Determination of development charges 5 (1) The following is the method that must be used, in developing a development charge by-law, to determine the development charges that may be imposed: 1. The anticipated amount, type and location of development, for which development charges can be imposed, must be estimated. 2. The increase in the need for service attributable to the anticipated development must be estimated for each service to which the development charge by-law would relate. 3. The estimate under paragraph 2 may include an increase in need only if the council of the municipality has indicated that it intends to ensure that such an increase in need will be met. The determination as to whether a council has indicated such an intention may be governed by the regulations. 4. The estimate under paragraph 2 must not include an increase that would result in the level of service exceeding the average level of that service provided in the municipality over the 15-year period immediately preceding the preparation of the background study required under section 10. How the level of service and average level of service is determined may be governed by the regulations. 5. The increase in the need for service attributable to the anticipated development must be reduced by the part of that increase that can be met using the municipality’s excess capacity, other than excess capacity that the council of the municipality has indicated an intention would be paid for by new development. How excess capacity is determined and how to determine whether a council has indicated an intention that excess capacity would be paid for by new development may be governed by the regulations. 6. The increase in the need for service must be reduced by the extent to which an increase in service to meet the increased need would benefit existing development. The extent to which an increase in service would benefit existing development may be governed by the regulations. 7. The capital costs necessary to provide the increased services must be estimated. The capital costs must be reduced by the reductions set out in subsection (2). What is included as a capital cost is set out in subsection (3). How the capital costs are estimated may be governed by the regulations. 8. REPEALED: 2019, c. 9, Sched. 3, s. 3 (2). 9. Rules must be developed to determine if a development charge is payable in any particular case and to determine the amount of the charge, subject to the limitations set out in subsection (6). 10. The rules may provide for full or partial exemptions for types of development and for the phasing in of development charges. The rules may also provide for the indexing of development charges based on the prescribed index. 1997, c. 27, s. 5 (1); 2019, c. 9, Sched. 3, s. 3 (1, 2); 2022, c. 21, Sched. 3, s. 5 (1). Transition, par. 4 of subs. (1) (1.1) For greater certainty, paragraph 4 of subsection (1), as it read immediately before the day subsection 5 (1) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, continues to apply in respect of a development charge by-law in force on that day. 2022, c. 21, Sched. 3, s. 5 (2). Capital costs, deductions (2) The capital costs, determined under paragraph 7 of subsection (1), must be reduced, in accordance with the regulations, to adjust for capital grants, subsidies and other contributions made to a municipality or that the council of the municipality anticipates will be made in respect of the capital costs. 1997, c. 27, s. 5 (2). Capital costs, inclusions (3) The following are capital costs for the purposes of paragraph 7 of subsection (1) if they are incurred or proposed to be incurred by a municipality or a local board directly or by others on behalf of, and as authorized by, a municipality or local board: 1. Costs to acquire land or an interest in land, including a leasehold interest, except in relation to such services as are prescribed for the purposes of this paragraph. 2. Costs to improve land. 3. Costs to acquire, lease, construct or improve buildings and structures. Page 50 of 440 10 4. Costs to acquire, lease, construct or improve facilities including, i. rolling stock with an estimated useful life of seven years or more, ii. furniture and equipment, other than computer equipment, and iii. materials acquired for circulation, reference or information purposes by a board within the meaning of the Public Libraries Act. 5., 6. REPEALED: 2022, c. 21, Sched. 3, s. 5 (4). 7. Interest on money borrowed to pay for costs described in paragraphs 1 to 4. 1997, c. 27, s. 5 (3); 2020, c. 18, Sched. 3, s. 2; 2022, c. 21, Sched. 3, s. 5 (3, 4). Transition (3.1) For greater certainty, subsection (3), as it read immediately before the day subsection 5 (4) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, continues to apply in respect of a development charge by-law in force on that day. 2022, c. 21, Sched. 3, s. 5 (5). Capital costs, leases, etc. (4) Only the capital component of costs to lease anything or to acquire a leasehold interest is included as a capital cost under subsection (3). 1997, c. 27, s. 5 (4). (5) REPEALED: 2019, c. 9, Sched. 3, s. 3 (5). Restriction on rules (6) The rules developed under paragraph 9 of subsection (1) to determine if a development charge is payable in any particular case and to determine the amount of the charge are subject to the following restrictions: 1. The rules must be such that the total of the development charges that would be imposed upon the anticipated development is less than or equal to the capital costs determined under paragraphs 2 to 8 of subsection (1) for all the services to which the development charge by-law relates. 2. If the rules expressly identify a type of development they must not provide for the type of development to pay development charges that exceed the capital costs, determined under paragraphs 2 to 8 of subsection (1), that arise from the increase in the need for services attributable to the type of development. However, it is not necessary that the amount of the development charge for a particular development be limited to the increase in capital costs, if any, that are attributable to that particular development. 3. If the development charge by-law will exempt a type of development, phase in a development charge, or otherwise provide for a type of development to have a lower development charge than is allowed, the rules for determining development charges may not provide for any resulting shortfall to be made up through higher development charges for other development. 4. In the case of a development charge by-law passed on or after the day subsection 5 (6) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force, the rules must provide that, i. any development charge imposed during the first year that the by-law is in force is no more than 80 per cent of the maximum development charge that could otherwise be charged in accordance with this section, ii. any development charge imposed during the second year that the by-law is in force is no more than 85 per cent of the maximum development charge that could otherwise be charged in accordance with this section, iii. any development charge imposed during the third year that the by-law is in force is no more than 90 per cent of the maximum development charge that could otherwise be charged in accordance with this section, and iv. any development charge imposed during the fourth year that the by-law is in force is no more than 95 per cent of the maximum development charge that could otherwise be charged in accordance with this section. 1997, c. 27, s. 5 (6); 2022, c. 21, Sched. 3, s. 5 (6). Special rule (7) Subsection (8) applies to a development charge imposed by a development charge by-law passed on or after January 1, 2022 and before the day subsection 5 (7) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force, unless the development charge was payable before the day subsection 5 (7) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 5 (7). Page 51 of 440 11 Same (8) The amount of a development charge described in subsection (7) shall be reduced in accordance with the following rules: 1. A development charge imposed during the first year that the by-law is in force shall be reduced to 80 per cent of the development charge that would otherwise be imposed by the by-law. 2. A development charge imposed during the second year that the by-law is in force shall be reduced to 85 per cent of the development charge that would otherwise be imposed by the by-law. 3. A development charge imposed during the third year that the by-law is in force shall be reduced to 90 per cent of the development charge that would otherwise be imposed by the by-law. 4. A development charge imposed during the fourth year that the by-law is in force shall be reduced to 95 per cent of the development charge that would otherwise be imposed by the by-law. 2022, c. 21, Sched. 3, s. 5 (7). Same, interpretation (9) For the purposes of subsections (7) and (8), a development charge is deemed to be imposed on the day referred to in subsection 26.2 (1) that applies to the development charge. 2022, c. 21, Sched. 3, s. 5 (7). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 12 (1) - 01/01/2007; 2006, c. 33, Sched. H, s. 1 - 04/05/2007 2015, c. 26, s. 3 - 01/01/2016 2018, c. 3, Sched. 5, s. 16 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 14 - no effect - see 2019, c. 9, Sched. 3, s. 15 (2) - 06/06/2019; 2019, c. 9, Sched. 3, s. 3 (1, 2, 5) - 18/09/2020; 2019, c. 9, Sched. 3, s. 3 (3) - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020; 2019, c. 9, Sched. 3, s. 3 (4) - 06/06/2019 2020, c. 18, Sched. 3, s. 2 - 18/09/2020 2022, c. 21, Sched. 3, s. 5 (1-7) - 28/11/2022 Toronto-York subway extension Definition 5.1 (1) In this section, “Toronto-York subway extension” means an extension of the subway service located in the City of Toronto beyond its terminus at Downsview subway station further north in the City of Toronto and into The Regional Municipality of York, and works and equipment directly related to that extension. 2006, c. 33, Sched. H, s. 2. Provision does not apply (2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for the Toronto- York subway extension. 2006, c. 33, Sched. H, s. 2. Applicable restriction (3) For the purposes of section 5, the estimate for the increase in the need for the Toronto-York subway extension shall not exceed the planned level of service over the 10-year period immediately following the preparation of the background study required under section 10. 2006, c. 33, Sched. H, s. 2. Regulations (4) The method of estimating the planned level of service for the Toronto-York subway extension and the criteria to be used in doing so may be prescribed by regulation. 2006, c. 33, Sched. H, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. H, s. 2 - 04/05/2007 Yonge North subway extension Definition 5.1.1 (1) In this section, Page 52 of 440 12 “Yonge North subway extension” means an extension of the subway service located in the City of Toronto beyond its terminus at Finch subway station further north in the City of Toronto and into The Regional Municipality of York, and works and equipment directly related to that extension. 2021, c. 34, Sched. 7, s. 2. Provision does not apply (2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for the Yonge North subway extension. 2021, c. 34, Sched. 7, s. 2. Applicable restriction (3) For the purposes of section 5, the estimate for the increase in the need for the Yonge North subway extension shall not exceed the planned level of service over the 20-year period immediately following the preparation of the background study required under section 10. 2021, c. 34, Sched. 7, s. 2. Regulations (4) The method of estimating the planned level of service for the Yonge North subway extension and the criteria to be used in doing so may be prescribed by regulation. 2021, c. 34, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 7, s. 2 - 01/01/2022 Prescribed services Definition 5.2 (1) In this section, “prescribed service” means a service that is prescribed for the purposes of this section. 2015, c. 26, s. 4. Provision does not apply (2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for a prescribed service. 2015, c. 26, s. 4. Applicable restriction (3) For the purposes of section 5, the estimate for the increase in the need for a prescribed service shall not exceed the planned level of service over the 10-year period immediately following the preparation of the background study required under section 10. 2015, c. 26, s. 4. Regulations (4) The method of estimating the planned level of service for a prescribed service and the criteria to be used in doing so may be prescribed. 2015, c. 26, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 4 - 01/01/2016 Contents of by-law 6 A development charge by-law must set out the following: 1. The rules developed under paragraph 9 of subsection 5 (1) for determining if a development charge is payable in any particular case and for determining the amount of the charge. 2. An express statement indicating how, if at all, the rules provide for exemptions, for the phasing in of development charges and for the indexing of development charges. 3. How the rules referred to in paragraph 1 apply to the redevelopment of land. 4. The area of the municipality to which the by-law applies. 1997, c. 27, s. 6. Class of services 7 (1) A development charge by-law may provide for any service listed in subsection 2 (4) or the capital costs listed in subsection 5 (3) in respect of those services to be included in a class set out in the by-law. 2020, c. 18, Sched. 3, s. 3. Page 53 of 440 13 Composition of class (2) A class may be composed of any number or combination of services and may include parts or portions of the services listed in subsection 2 (4) or parts or portions of the capital costs listed in subsection 5 (3) in respect of those services. 2020, c. 18, Sched. 3, s. 3. Studies (3) For greater certainty, a development charge by-law may provide for a class consisting of studies in respect of any service listed in subsection 2 (4) whose capital costs are described in paragraphs 5 and 6 of subsection 5 (3). 2020, c. 18, Sched. 3, s. 3. Effect of class (4) A class of service set out in a development charge by-law is deemed to be a single service for the purposes of this Act in relation to reserve funds, the use of money from reserve funds and credits. 2020, c. 18, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 4 - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020 2020, c. 18, Sched. 3, s. 3 - 18/09/2020 Commencement of development charge by-law 8 A development charge by-law or a by-law amending it comes into force on the day it is passed or the day specified in the by-law, whichever is later. 1997, c. 27, s. 8. Duration of development charge by-law 9 (1) Unless it expires or is repealed earlier, a development charge by-law expires 10 years after the day it comes into force. 1997, c. 27, s. 9 (1); 2022, c. 21, Sched. 3, s. 6 (1). Transition (1.1) For greater certainty, subsection (1), as it reads on and after the day subsection 6 (1) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, does not apply with respect to a development charge by-law that, before that day, had expired pursuant to subsection (1) as it read before that day. 2022, c. 21, Sched. 3, s. 6 (2). Council can pass new by-law (2) Subsection (1) does not prevent a council from passing a new development charge by-law. 1997, c. 27, s. 9 (2). Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 6 (1, 2) - 28/11/2022 Same, transitional matters 9.1 (1) In this section, “specified date” means the day that is two years after the day subsection 1 (2) of Schedule 3 to the COVID-19 Economic Recovery Act, 2020 comes into force. 2020, c. 18, Sched. 3, s. 4; 2022, c. 21, Sched. 3, s. 6 (1). By-law — expiry before specified date (2) Despite subsections 2 (4) and 9 (1), a development charge by-law that would expire on or after May 2, 2019 and before the specified date remains in force as it relates to any service other than the services described in paragraphs 1 to 10 of subsection 2 (4) until the earliest of, (a) the day it is repealed; (b) the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act; and (c) the specified date. 2020, c. 18, Sched. 3, s. 4. By-law — expiry on or after specified date (3) If a development charge by-law would expire on or after the specified date, the following rules apply in respect of the by- law as it relates to any service other than the services described in paragraphs 1 to 20 of subsection 2 (4): 1. Despite subsection 2 (4), the by-law continues to apply, even as it relates to the service, until the earliest of the days described in paragraph 2. 2. The days referred to in paragraph 1 are the following: Page 54 of 440 14 i. The day the by-law is repealed. ii. In the case of a development charge by-law of a local municipality, the earlier of, A. the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act; or B. the specified date. iii. In the case of a development charge by-law of an upper-tier municipality, the specified date. 3. The by-law is deemed to have expired, as it relates to the service, on the earliest of the dates mentioned in paragraph 2. 2020, c. 18, Sched. 3, s. 4. Services prescribed under para. 21 of subs. 2 (4) (4) Subsection (3) does not apply in respect of the by-law as it relates to a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) if the service is prescribed before the day referred to in subparagraph 2 ii or iii of subsection (3), as the case may be. 2020, c. 18, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 5 (1) - 06/06/2019; 2019, c. 9, Sched. 3, s. 5 (2, 3) - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020 2020, c. 18, Sched. 3, s. 4 - 18/09/2020 Special rule re emergency declaration By-law remains in force 9.2 (1) In this section, “specified date” means the date that is six months after the day that the emergency declared by Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act is terminated or disallowed. 2020, c. 6, Sched. 1, s. 1. Same (2) Despite subsection 9 (1), (a) a development charge by-law that expired on or after March 17, 2020 and before the day section 1 of Schedule 1 to the Coronavirus (COVID-19) Support and Protection Act, 2020 comes into force is deemed not to have expired and shall remain in force until the earlier of the day the by-law is repealed and the specified date; and (b) a development charge by-law that expires on or after the day section 1 of Schedule 1 to the Coronavirus (COVID-19) Support and Protection Act, 2020 comes into force and before the specified date shall remain in force until the earlier of the day the by-law is repealed and the specified date. 2020, c. 6, Sched. 1, s. 1. Exception (3) Subsection (2) does not apply in respect of any part of a development charge by-law to which subsection 9.1 (2) applies. 2020, c. 6, Sched. 1, s. 1; 2020, c. 18, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 6, Sched. 1, s.1 - 14/04/2020; 2020, c. 18, Sched. 3, s. 5 - 18/09/2020 PROCESS BEFORE PASSING BY-LAW Background study 10 (1) Before passing a development charge by-law, the council shall complete a development charge background study. 1997, c. 27, s. 10 (1). Same (2) The development charge background study shall include, (a) the estimates under paragraph 1 of subsection 5 (1) of the anticipated amount, type and location of development; (b) the calculations under paragraphs 2 to 7 of subsection 5 (1) for each service to which the development charge by-law would relate; Page 55 of 440 15 (c) an examination, for each service to which the development charge by-law would relate, of the long term capital and operating costs for capital infrastructure required for the service; (c.1) unless subsection 2 (9) or (11) applies, consideration of the use of more than one development charge by-law to reflect different needs for services in different areas; (c.2) an asset management plan prepared in accordance with subsection (3); and (d) such other information as may be prescribed. 1997, c. 27, s. 10 (2); 2015, c. 26, s. 5 (1); 2019, c. 9, Sched. 3, s. 6. Asset management plan (3) The asset management plan shall, (a) deal with all assets whose capital costs are proposed to be funded under the development charge by-law; (b) demonstrate that all the assets mentioned in clause (a) are financially sustainable over their full life cycle; (c) contain any other information that is prescribed; and (d) be prepared in the prescribed manner. 2015, c. 26, s. 5 (2). Background study to be made available (4) The council shall ensure that a development charge background study is made available to the public at least 60 days prior to the passing of the development charge by-law and until the by-law expires or is repealed by posting the study on the website of the municipality or, if there is no such website, in the municipal office. 2015, c. 26, s. 5 (3). Section Amendments with date in force (d/m/y) 2015, c. 26, s. 5 (1-3) - 01/01/2016 2019, c. 9, Sched. 3, s. 6 - 18/09/2020 By-law within one year after study 11 A development charge by-law may only be passed within the one-year period following the completion of the development charge background study. 1997, c. 27, s. 11. Public meeting before by-law passed 12 (1) Before passing a development charge by-law, the council shall, (a) hold at least one public meeting; (b) give at least 20-days notice of the meeting or meetings in accordance with the regulations; and (c) ensure that the proposed by-law and the background study are made available to the public at least two weeks prior to the meeting or, if there is more than one meeting, prior to the first meeting. 1997, c. 27, s. 12 (1). Making representations (2) Any person who attends a meeting under this section may make representations relating to the proposed by-law. 1997, c. 27, s. 12 (2). Council determination is final (3) If a proposed by-law is changed following a meeting under this section, the council shall determine whether a further meeting under this section is necessary and such a determination is final and not subject to review by a court or the Ontario Land Tribunal. 1997, c. 27, s. 12 (3); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 APPEAL OF BY-LAW Notice of by-law and time for appeal 13 (1) The clerk of a municipality that has passed a development charge by-law shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed. 1997, c. 27, s. 13 (1). Page 56 of 440 16 Requirements of notice (2) Notices required under this section must meet the requirements prescribed in the regulations and shall be given in accordance with the regulations. 1997, c. 27, s. 13 (2). Same (3) Every notice required under this section must be given not later than 20 days after the day the by-law is passed. 1997, c. 27, s. 13 (3). When notice given (4) A notice required under this section shall be deemed to have been given, (a) if the notice is by publication in a newspaper, on the day that the publication occurs; (b) if the notice is given by mail, on the day that the notice is mailed. 1997, c. 27, s. 13 (4). Appeal of by-law after passed 14 Any person or organization may appeal a development charge by-law to the Ontario Land Tribunal by filing with the clerk of the municipality on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by- law and the reasons supporting the objection. 1997, c. 27, s. 14; 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Clerk’s duties on appeal 15 (1) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a development charge by-law, the clerk shall compile a record that includes, (a) a copy of the by-law certified by the clerk; (b) a copy of the development charge background study; (c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and (d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed. 1997, c. 27, s. 15 (1). Same (2) The clerk shall forward a copy of the notice of appeal and the record to the Ontario Land Tribunal within 30 days after the last day of appeal and shall provide such other information or material as the Tribunal may require in respect of the appeal. 1997, c. 27, s. 15 (2); 2021, c. 4, Sched. 6, s. 41 (2). Affidavit, declaration conclusive evidence (3) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration. 1997, c. 27, s. 15 (3). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (2)- 01/06/2021 Tribunal hearing of appeal 16 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of appeal of a development charge by-law forwarded by the clerk of a municipality. 1997, c. 27, s. 16 (1); 2021, c. 4, Sched. 6, s. 41 (1). Who to get notice (2) The Ontario Land Tribunal shall determine who shall be given notice of the hearing and in what manner. 1997, c. 27, s. 16 (2); 2021, c. 4, Sched. 6, s. 41 (1). Powers of Tribunal (3) After the hearing, the Ontario Land Tribunal may, (a) dismiss the appeal in whole or in part; Page 57 of 440 17 (b) order the council of the municipality to repeal or amend the by-law in accordance with the Tribunal’s order; (c) repeal or amend the by-law in such manner as the Tribunal may determine. 2021, c. 4, Sched. 6, s. 41 (3). Limitation on powers (4) The Ontario Land Tribunal may not amend or order the amendment of a by-law so as to, (a) increase the amount of a development charge that will be payable in any particular case; (b) remove, or reduce the scope of, an exemption; (c) change a provision for the phasing in of development charges in such a way as to make a charge, or part of a charge, payable earlier; (d) change the date the by-law will expire. 1997, c. 27, s. 16 (4); 2021, c. 4, Sched. 6, s. 41 (1). Dismissal without hearing (5) Despite subsection (1), the Ontario Land Tribunal may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal. 1997, c. 27, s. 16 (5); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1, 3) - 01/06/2021 When Tribunal ordered repeals, amendments effective 17 The repeal or amendment of a development charge by-law by the Ontario Land Tribunal, or by the council of a municipality pursuant to an order of the Ontario Land Tribunal, shall be deemed to have come into force on the day the by- law came into force. 1997, c. 27, s. 17; 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Refunds, if Tribunal repeals by-law, etc. 18 (1) If the Ontario Land Tribunal repeals or amends a development charge by-law or orders the council of a municipality to repeal or amend a development charge by-law, the municipality shall refund, (a) in the case of a repeal, any development charge paid under the by-law; (b) in the case of an amendment, the difference between any development charge paid under the by-law and the development charge that would have been payable under the by-law as amended. 1997, c. 27, s. 18 (1); 2021, c. 4, Sched. 6, s. 41 (1). When refund due (2) If a municipality is required to make a refund under subsection (1), it shall do so, (a) if the Ontario Land Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; (b) if the Ontario Land Tribunal orders the council of the municipality to repeal or amend the by-law, within 30 days after the repeal or amendment by the council. 1997, c. 27, s. 18 (2); 2021, c. 4, Sched. 6, s. 41 (4). Interest (3) The municipality shall pay interest on an amount it refunds at a rate not less than the prescribed minimum interest rate from the day the amount was paid to the municipality to the day it is refunded. 1997, c. 27, s. 18 (3); 2020, c. 18, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 3, s. 6 - 18/09/2020 2021, c. 4, Sched. 6, s. 41 (1, 4) - 01/06/2021 Page 58 of 440 18 PROCESS AND APPEALS FOR AMENDMENTS TO BY-LAWS Application of other sections to amendments 19 (1) Sections 10 to 18 apply, with necessary modifications, to an amendment to a development charge by-law other than an amendment by, or pursuant to an order of, the Ontario Land Tribunal. 1997, c. 27, s. 19 (1); 2021, c. 4, Sched. 6, s. 41 (1). Limitation of Tribunal powers (2) In an appeal of an amendment to a development charge by-law, the Ontario Land Tribunal may exercise its powers only in relation to the amendment. 1997, c. 27, s. 19 (2); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 COMPLAINTS ABOUT DEVELOPMENT CHARGES Complaint to council of municipality 20 (1) A person required to pay a development charge, or the person’s agent, may complain to the council of the municipality imposing the development charge that, (a) the amount of the development charge was incorrectly determined; (b) whether a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; or (c) there was an error in the application of the development charge by-law. 1997, c. 27, s. 20 (1). Time limit (2) A complaint may not be made under subsection (1) later than 90 days after the day the development charge, or any part of it, is payable. 1997, c. 27, s. 20 (2). Form of complaint (3) The complaint must be in writing, must state the complainant’s name, the address where notice can be given to the complainant and the reasons for the complaint. 1997, c. 27, s. 20 (3). Hearing (4) The council shall hold a hearing into the complaint and shall give the complainant an opportunity to make representations at the hearing. 1997, c. 27, s. 20 (4). Notice of hearing (5) The clerk of the municipality shall mail a notice of the hearing to the complainant at least 14 days before the hearing. 1997, c. 27, s. 20 (5). Council’s powers (6) After hearing the evidence and submissions of the complainant, the council may dismiss the complaint or rectify any incorrect determination or error that was the subject of the complaint. 1997, c. 27, s. 20 (6). Notice of decision and time for appeal 21 (1) The clerk of the municipality shall mail to the complainant a notice of the council’s decision, and of the last day for appealing the decision, which shall be the day that is 40 days after the day the decision is made. 1997, c. 27, s. 21 (1). Requirements of notice (2) The notice required under this section must be mailed not later than 20 days after the day the council’s decision is made. 1997, c. 27, s. 21 (2). Appeal of council’s decision 22 (1) A complainant may appeal the decision of the council of the municipality to the Ontario Land Tribunal by filing with the clerk of the municipality, on or before the last day for appealing the decision, a notice of appeal setting out the reasons for the appeal. 1997, c. 27, s. 22 (1); 2021, c. 4, Sched. 6, s. 41 (1). Page 59 of 440 19 Additional ground (2) A complainant may also appeal to the Ontario Land Tribunal if the council of the municipality does not deal with the complaint within 60 days after the complaint is made by filing with the clerk of the municipality a notice of appeal. 1997, c. 27, s. 22 (2); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Clerk’s duties on appeal 23 (1) If a notice of appeal under subsection 22 (1) is filed with the clerk of the municipality on or before the last day for appealing a decision, the clerk shall compile a record that includes, (a) a copy of the development charge by-law certified by the clerk; (b) the original or a true copy of the complaint and all written submissions and material received in support of the complaint; (c) a copy of the council’s decision certified by the clerk; and (d) an affidavit or declaration certifying that notice of the council’s decision and of the last day for appealing it was given in accordance with this Act. 1997, c. 27, s. 23 (1). Same (2) If a notice of appeal under subsection 22 (2) is filed with the clerk of the municipality, the clerk shall compile a record that includes, (a) a copy of the development charge by-law certified by the clerk; and (b) the original or a true copy of the complaint and all written submissions and material received in support of the complaint. 1997, c. 27, s. 23 (2). Same (3) The clerk shall forward a copy of the notice of appeal and the record to the Ontario Land Tribunal within 30 days after the notice is received and shall provide such other information and material that the Tribunal may require in respect of the appeal. 1997, c. 27, s. 23 (3); 2021, c. 4, Sched. 6, s. 41 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (5) - 01/06/2021 Tribunal hearing of appeal 24 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of appeal relating to a complaint forwarded by the clerk of a municipality. 1997, c. 27, s. 24 (1); 2021, c. 4, Sched. 6, s. 41 (1). Parties (2) The parties to the appeal are the appellant and the municipality. 1997, c. 27, s. 24 (2). Notice to parties (3) The Ontario Land Tribunal shall give notice of the hearing to the parties. 1997, c. 27, s. 24 (3); 2021, c. 4, Sched. 6, s. 41 (1). Powers of Tribunal (4) After the hearing, the Ontario Land Tribunal may do anything that could have been done by the council of the municipality under subsection 20 (6). 1997, c. 27, s. 24 (4); 2021, c. 4, Sched. 6, s. 41 (1). Dismissal without hearing (5) Despite subsection (1), the Ontario Land Tribunal may, where it is of the opinion that the complaint set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal. 1997, c. 27, s. 24 (5); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Page 60 of 440 20 Refund if development charge reduced 25 (1) If a development charge that has already been paid is reduced by the council of a municipality under section 20 or by the Ontario Land Tribunal under section 24, the municipality shall immediately refund the overpayment. 1997, c. 27, s. 25 (1); 2021, c. 4, Sched. 6, s. 41 (1). Interest (2) The municipality shall pay interest on an amount it refunds at a rate not less than the prescribed minimum interest rate from the day the amount was paid to the municipality to the day it is refunded. 1997, c. 27, s. 25 (2); 2020, c. 18, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 3, s. 7 - 18/09/2020 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 COLLECTION OF DEVELOPMENT CHARGES When development charge is payable 26 (1) A development charge is payable for a development upon a building permit being issued for the development unless the development charge by-law provides otherwise under subsection (2). 1997, c. 27, s. 26 (1). Multiple building permits (1.1) If a development consists of one building that requires more than one building permit, the development charge for the development is payable upon the first building permit being issued. 2015, c. 26, s. 6. Multiple phases (1.2) If a development consists of two or more phases that will not be constructed concurrently and are anticipated to be completed in different years, each phase of the development is deemed to be a separate development for the purposes of this section. 2015, c. 26, s. 6. Special case, approval of plan of subdivision (2) A municipality may, in a development charge by-law, provide that a development charge for services set out in paragraphs 1, 2, 3, 4 or 5 of subsection 2 (4) for development that requires approval of a plan of subdivision under section 51 of the Planning Act or a consent under section 53 of the Planning Act and for which a subdivision agreement or consent agreement is entered into, be payable immediately upon the parties entering into the agreement. 1997, c. 27, s. 26 (2); 2019, c. 9, Sched. 3, s. 7. Agreement prevails (3) This section does not apply in cases where there is an agreement under section 27. 1997, c. 27, s. 26 (3). Section Amendments with date in force (d/m/y) 2015, c. 26, s. 6 - 01/01/2016 2019, c. 9, Sched. 3, s. 7 - 18/09/2020 Certain types of development, when charge payable 26.1 (1) Despite section 26, a development charge in respect of any part of a development that consists of a type of development set out in subsection (2) is payable in accordance with this section. 2019, c. 9, Sched. 3, s. 8 (1). Same (2) The types of development referred to in subsection (1) are the following: 1. Rental housing development. 2. Institutional development. 3. REPEALED: 2022, c. 21, Sched. 3, s. 7 (1). 4., 5. REPEALED: 2019, c. 15, Sched. 10, s. 1 (1). 2019, c. 9, Sched. 3, s. 8 (1); 2019, c. 15, Sched. 10, s. 1 (1); 2022, c. 21, Sched. 3, s. 7 (1). Page 61 of 440 21 Annual instalments (3) A development charge referred to in subsection (1) shall be paid in equal annual instalments beginning on the earlier of the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following five anniversaries of that date. 2022, c. 21, Sched. 3, s. 7 (2). Amount of charge (4) The amount of a development charge referred to in subsection (1) is the amount of the development charge determined in accordance with section 26.2, regardless of whether the by-law under which the amount of the development charge would be determined is no longer in effect on the date an instalment is payable. 2019, c. 9, Sched. 3, s. 8 (1). Notice of occupation (5) A person required to pay a development charge referred to in subsection (1) shall, unless the occupation of the building in respect of which the development charge is required is authorized by a permit under the Building Code Act, 1992, notify the municipality within five business days of the building first being occupied. 2019, c. 9, Sched. 3, s. 8 (1). Failure to provide notice (6) If a person described in subsection (5) fails to comply with that subsection, the development charge, including any interest payable in accordance with subsection (7), is payable immediately. 2019, c. 9, Sched. 3, s. 8 (1). Interest (7) A municipality may charge interest on the instalments required by subsection (3) from the date the development charge would have been payable in accordance with section 26 to the date the instalment is paid, at a rate not exceeding the maximum interest rate determined in accordance with section 26.3. 2019, c. 9, Sched. 3, s. 8 (1); 2022, c. 21, Sched. 3, s. 7 (3). Unpaid amounts added to taxes (8) Section 32 applies to instalments required by subsection (3) and interest charged in accordance with subsection (7), with necessary modifications. 2019, c. 9, Sched. 3, s. 8 (1). Change in type of development (9) If any part of a development to which this section applies is changed so that it no longer consists of a type of development set out in subsection (2), the development charge, including any interest payable, but excluding any instalments already paid in accordance with subsection (3), is payable immediately. 2019, c. 9, Sched. 3, s. 8 (1). Transition, date charge payable (10) This section does not apply to a development charge that becomes payable before the day subsection 8 (1) of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 3, s. 8 (1). Agreement prevails (11) This section does not apply in cases where there is an agreement under section 27. 2019, c. 9, Sched. 3, s. 8 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 8 (1) - 01/01/2020; 2019, c. 15, Sched. 10, s. 1 (1-3) - 01/01/2020 2022, c. 21, Sched. 3, s. 7 (1-3) - 28/11/2022 When amount of development charge is determined 26.2 (1) Subject to subsection (1.1), the total amount of a development charge is the amount of the development charge that would be determined under the by-law on, (a) the day an application for an approval of development in a site plan control area under subsection 41 (4) of the Planning Act or subsection 114 (5) of the City of Toronto Act, 2006 was made in respect of the development that is the subject of the development charge; (b) if clause (a) does not apply, the day an application for an amendment to a by-law passed under section 34 of the Planning Act was made in respect of the development that is the subject of the development charge; or (c) if neither clause (a) nor clause (b) applies, (i) in the case of a development charge in respect of a development to which section 26.1 applies, the day the development charge would be payable in accordance with section 26 if section 26.1 did not apply, or Page 62 of 440 22 (ii) in the case of a development charge in respect of a development to which section 26.1 does not apply, the day the development charge is payable in accordance with section 26. 2019, c. 9, Sched. 3, s. 8 (1); 2022, c. 21, Sched. 3, s. 8 (1). Discount, rental housing development (1.1) In the case of rental housing development, the amount determined under subsection (1) shall be reduced in accordance with the following rules: 1. A development charge for a residential unit intended for use as a rented residential premises with three or more bedrooms shall be reduced by 25 per cent. 2. A development charge for a residential unit intended for use as a rented residential premises with two bedrooms shall be reduced by 20 per cent. 3. A development charge for a residential unit intended for use as a rented residential premises not referred to in paragraph 1 or 2 shall be reduced by 15 per cent. 2022, c. 21, Sched. 3, s. 8 (2). Same, transition (1.2) Subject to subsection (1.3), subsection (1.1) does not apply in respect of a development charge for a development in respect of which a building permit was issued before the day subsection 8 (2) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force. 2022, c. 21, Sched. 3, s. 8 (2). Same, exception (1.3) Despite subsection (7), paragraphs 1 to 3 of subsection (1.1) apply to any part of a development charge payable under an agreement under section 27 that is in respect of a prescribed development and that was entered into before the day that subsection 8 (2) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, other than a part of the development charge that is payable under the agreement before the day the development was prescribed for the purposes of this subsection. 2022, c. 21, Sched. 3, s. 8 (2). Same, if by-law not in effect (2) Subsection (1) applies regardless of whether the by-law under which the amount of the development charge would be determined is no longer in effect on the date the development charge is payable. 2019, c. 9, Sched. 3, s. 8 (1). Interest (3) Where clause (1) (a) or (b) applies, the municipality may charge interest on the development charge, at a rate not exceeding the maximum interest rate determined in accordance with section 26.3, from the date of the application referred to in the applicable clause to the date the development charge is payable. 2019, c. 9, Sched. 3, s. 8 (1); 2022, c. 21, Sched. 3, s. 8 (3). More than one application (4) If a development was the subject of more than one application referred to in clause (1) (a) or (b), the later one is deemed to be the applicable application for the purposes of this section. 2019, c. 9, Sched. 3, s. 8 (1). Exception, prescribed amount of time elapsed (5) Clauses (1) (a) and (b) do not apply in respect of, (a) any part of a development to which section 26.1 applies if, on the date the first building permit is issued for the development, more than the prescribed amount of time has elapsed since the application referred to in clause (1) (a) or (b) was approved; or (b) any part of a development to which section 26.1 does not apply if, on the date the development charge is payable, more than the prescribed amount of time has elapsed since the application referred to in clause (1) (a) or (b) was approved. 2019, c. 9, Sched. 3, s. 8 (1). Transition, date of application (6) Clauses (1) (a) and (b) do not apply in the case of an application made before the day subsection 8 (1) of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 3, s. 8 (1). Transition, eligible services (6.1) Beginning on the day described in subsection (6.2), the total amount of a municipality’s development charge for the purposes of subsection (1) shall not include the amount of a development charge in respect of a service unless the service is listed in subsection 2 (4). 2020, c. 18, Sched. 3, s. 8. Page 63 of 440 23 Same (6.2) The day referred to in subsection (6.1) is, (a) in the case of a local municipality, the earlier of, (i) the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act, and (ii) the specified date for the purposes of section 9.1; and (b) in the case of an upper-tier municipality, the specified date for the purposes of section 9.1. 2020, c. 18, Sched. 3, s. 8. Agreement prevails (7) This section does not apply in cases where there is an agreement under section 27. 2019, c. 9, Sched. 3, s. 8 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 8 (1) - 01/01/2020; 2019, c. 9, Sched. 3, s. 8 (2) - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020 2020, c. 18, Sched. 3, s. 8 - 18/09/2020 2022, c. 21, Sched. 3, s. 8 (1-3) - 28/11/2022 Maximum interest rate 26.3 (1) In this section, “adjustment date” means January 1, April 1, July 1 or October 1; (“date de rajustement”) “average prime rate”, on a particular date, means the mean, rounded to the nearest hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. (“taux préférentiel moyen”) 2022, c. 21, Sched. 3, s. 9. Same (2) For the purposes of subsections 26.1 (7) and 26.2 (3), the maximum interest rate that a municipality may charge shall be determined in accordance with the following rules: 1. A base rate of interest shall be determined for April 1, 2022 and for each adjustment date after April 1, 2022 and shall be equal to the average prime rate on, i. October 15 of the previous year, if the adjustment date is January 1, ii. January 15 of the same year, if the adjustment date is April 1, iii. April 15 of the same year, if the adjustment date is July 1, and iv. July 15 of the same year, if the adjustment date is October 1. 2. The base rate of interest in effect on a particular date shall be, i. the base rate for the particular date, if the particular date is an adjustment date, and ii. the base rate for the last adjustment date before the particular date, otherwise. 3. The maximum rate of interest that may be charged, in respect of a particular day after June 1, 2022, shall be an annual interest rate that is one percentage point higher than the base rate of interest in effect for that day. 2022, c. 21, Sched. 3, s. 9. Transition (3) Subsection (2) does not apply in respect of a development charge that was payable before the day section 9 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 9 - 28/11/2022 Page 64 of 440 24 Agreement, early or late payment 27 (1) A municipality may enter into an agreement with a person who is required to pay a development charge providing for all or any part of a development charge to be paid before or after it would otherwise be payable. 1997, c. 27, s. 27 (1). Amount of charge payable (2) The total amount of a development charge payable under an agreement under this section is the amount of the development charge that would be determined under the by-law on the day specified in the agreement or, if no such day is specified, at the earlier of, (a) the time the development charge or any part of it is payable under the agreement; (b) the time the development charge would have been payable in the absence of the agreement. 1997, c. 27, s. 27 (2). Interest on late payments (3) An agreement under this section may allow the municipality to charge interest, at a rate stipulated in the agreement, on that part of the development charge paid after it would otherwise be payable. 1997, c. 27, s. 27 (3). Withholding of building permit until charge paid 28 Despite any other Act, a municipality is not required to issue a building permit for development to which a development charge applies unless the development charge has been paid. 1997, c. 27, s. 28. Upper-tier municipalities, development charges 29 If a development charge is imposed by an upper-tier municipality on a development in an area municipality, the following apply: 1. The treasurer of the upper-tier municipality shall certify to the treasurer of the area municipality that the charge has been imposed, the amount of the charge, the manner in which the charge is to be paid and when the charge is payable. 2. The treasurer of the area municipality shall collect the charge when it is payable and shall, unless otherwise agreed by the upper-tier municipality, pay the charge to the treasurer of the upper-tier municipality on or before the 25th day of the month following the month in which the charge is received by the area municipality. 3. If the charge is collected by the upper-tier municipality, the treasurer of the upper-tier municipality shall certify to the treasurer of the area municipality that the charge has been collected. 1997, c. 27, s. 29. If upper-tier issues building permits 30 If an upper-tier municipality issues building permits, the treasurer of each area municipality within the upper-tier municipality shall, when all development charges are paid with respect to a development in the area municipality, certify to the chief building official of the upper-tier municipality that those charges have been paid. 1997, c. 27, s. 30; 1997, c. 31, s. 146. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 146 (1) - 01/01/1998 Agreement, upper-tier to collect charges 31 (1) If building permits are issued by an upper-tier municipality, the upper-tier municipality may agree with an area municipality to collect all the development charges on development in the area municipality. 1997, c. 27, s. 31 (1); 1997, c. 31, s. 146. Sections 29 and 30 (2) If an agreement is made under this section, sections 29 and 30 do not apply with respect to development in the area municipality. 1997, c. 27, s. 31 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 146 (1) - 01/01/1998 Unpaid charges added to taxes 32 (1) If a development charge or any part of it remains unpaid after it is payable, the amount unpaid including any interest payable in respect of it in accordance with this Act shall be added to the tax roll and shall be collected in the same manner as taxes. 1997, c. 27, s. 32 (1); 2019, c. 9, Sched. 3, s. 9. Page 65 of 440 25 Treasurer certifies unpaid amount (2) If a development charge or any part of it imposed by an upper-tier municipality remains unpaid after it is payable, the treasurer of the upper-tier municipality shall certify to the treasurer of the area municipality in which the land is located the amount that is unpaid. 1997, c. 27, s. 32 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 9 - 01/01/2020 RESERVE FUNDS AND THE USE OF DEVELOPMENT CHARGES Reserve funds 33 A municipality that has passed a development charge by-law shall establish a separate reserve fund for each service to which the development charge relates. 1997, c. 27, s. 33. Reserve funds — transition, upper-tier municipalities 33.1 (1) This section applies with respect to a reserve fund established by an upper-tier municipality in accordance with section 33 before the day subsection 1 (2) of Schedule 3 to the COVID-19 Economic Recovery Act, 2020 comes into force for any services other than those described in paragraphs 1 to 20 of subsection 2 (4). 2020, c. 18, Sched. 3, s. 9. Non-application, reserve fund re services prescribed under para. 21 of subs. 2 (4) (2) Despite subsection (1), this section does not apply with respect to a reserve fund established for a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) if the service is prescribed before the specified date for the purposes of section 9.1. 2020, c. 18, Sched. 3, s. 9. Deemed general capital reserve (3) The following rules apply with respect to a reserve fund to which this section applies: 1. On the specified date for the purposes of section 9.1, the reserve fund is deemed to be a general capital reserve fund for the same purposes for which the money in the reserve fund was collected. 2. Despite paragraph 1, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the general capital reserve fund referred to in paragraph 1. 2020, c. 18, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 3, s. 9 - 18/09/2020 Development charges paid into reserve funds 34 The municipality shall pay each development charge it collects into the reserve fund or funds to which the charge relates. 1997, c. 27, s. 34. Use of reserve funds 35 (1) The money in a reserve fund established for a service may be spent only for capital costs determined under paragraphs 2 to 7 of subsection 5 (1). 1997, c. 27, s. 35; 2019, c. 9, Sched. 3, s. 10. Requirement to spend or allocate monies in reserve fund (2) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the following services at the beginning of the year: 1. Water supply services, including distribution and treatment services. 2. Waste water services, including sewers and treatment services. 3. Services related to a highway as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be. 2022, c. 21, Sched. 3, s. 10. Same (3) If a service is prescribed for the purposes of this subsection, beginning in the first calendar year that commences after the service is prescribed and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the prescribed service at the beginning of the year. 2022, c. 21, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) Page 66 of 440 26 2019, c. 9, Sched. 3, s. 10 - 18/09/2020 2022, c. 21, Sched. 3, s. 10 - 28/11/2022 Municipality may borrow from reserve fund 36 Despite section 35, a municipality may borrow money from a reserve fund but if it does so, the municipality shall repay the amount used plus interest at a rate not less than the prescribed minimum interest rate. 1997, c. 27, s. 36. Exclusions 37 (1) Subsections 418 (3) and (4) and 418.1 (14) and (15) of the Municipal Act, 2001 and any equivalent provisions of, or made under, the City of Toronto Act, 2006 do not apply to development charges collected by a municipality. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 12 (2); 2017, c. 10, Sched. 4, s. 2. Limitation (2) Development charges may not be advanced by a municipality to its capital account as interim financing of capital undertakings of the municipality, except for those capital undertakings for which the development charges may be spent under this Act. 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 12 (2) - 01/01/2007 2017, c. 10, Sched. 4, s. 2 - 01/03/2018 CREDITS Credits for work 38 (1) If a municipality agrees to allow a person to perform work that relates to a service to which a development charge by- law relates, the municipality shall give the person a credit towards the development charge in accordance with the agreement. 1997, c. 27, s. 38 (1). Amount of credits (2) The amount of the credit is the reasonable cost of doing the work as agreed by the municipality and the person who is to be given the credit. 1997, c. 27, s. 38 (2). Limitation: above average level of service (3) No credit may be given for any part of the cost of work that relates to an increase in the level of service that exceeds the average level of service described in paragraph 4 of subsection 5 (1). 1997, c. 27, s. 38 (3). Credit can be given before work completed (4) A credit, or any part of it, may be given before the work for which the credit is given is completed. 1997, c. 27, s. 38 (4). Credit relates to service for which work done 39 (1) A credit given in exchange for work done is a credit only in relation to the service to which the work relates. 1997, c. 27, s. 39 (1). Credits can be divided among services (2) If the work relates to more than one service, the credit for the work must be allocated, in the manner agreed by the municipality, among the services to which the work relates. 1997, c. 27, s. 39 (2). Exception by agreement (3) The municipality may agree that a credit given be in relation to another service to which the development charge by-law relates. 1997, c. 27, s. 39 (3). Changes after credit given (4) The municipality may agree to change a credit so that it relates to another service to which the development charge by- law relates. 1997, c. 27, s. 39 (4). Transfer of credits 40 (1) A credit may not be transferred unless, Page 67 of 440 27 (a) the holder and person to whom the credit is to be transferred have agreed in writing to the transfer; and (b) the municipality has agreed to the transfer, either in the agreement under which the holder of the credit was given the credit or subsequently. 1997, c. 27, s. 40 (1). Transfer is by municipality (2) The transfer of a credit is not effective until the municipality transfers it. 1997, c. 27, s. 40 (2). When municipality must transfer credit (3) A municipality shall transfer a credit upon being requested to do so by the holder, the person to whom the credit is to be transferred or the agent of either of them and being given proof that the conditions in subsection (1) are satisfied. 1997, c. 27, s. 40 (3). Use of a credit 41 (1) A credit that relates to a service may be used only with respect to that part of a development charge that relates to the service. 1997, c. 27, s. 41 (1). Use under another development charge by-law (2) A credit given towards a development charge under a development charge by-law may be used for a development charge under another development charge by-law only if that other development charge by-law so provides. 1997, c. 27, s. 41 (2). Used by holder or agent (3) A credit may be used only by the holder or the holder’s agent. 1997, c. 27, s. 41 (3). MISCELLANEOUS Registration of by-law 42 A municipality that has passed a development charge by-law may register the by-law or a certified copy of it against the land to which it applies. 1997, c. 27, s. 42. Statement of treasurer 43 (1) The treasurer of a municipality shall each year on or before such date as the council of the municipality may direct, give the council a financial statement relating to development charge by-laws and reserve funds established under section 33. 1997, c. 27, s. 43 (1). Requirements (2) A statement must include, for the preceding year, (a) statements of the opening and closing balances of the reserve funds and of the transactions relating to the funds; (b) statements identifying, (i) all assets whose capital costs were funded under a development charge by-law during the year, (ii) for each asset mentioned in subclause (i), the manner in which any capital cost not funded under the by-law was or will be funded; (c) a statement as to compliance with subsection 59.1 (1); and (d) any other information that is prescribed. 2015, c. 26, s. 7 (1). Statement available to public (2.1) The council shall ensure that the statement is made available to the public, (a) by posting the statement on the website of the municipality or, if there is no such website, in the municipal office; and (b) in such other manner and in accordance with such other requirements as may be prescribed. 2022, c. 12, Sched. 2, s. 1. Copy to Minister (3) The treasurer shall give a copy of a statement to the Minister of Municipal Affairs and Housing on request. 1997, c. 27, s. 43 (3); 2015, c. 26, s. 7 (2). Section Amendments with date in force (d/m/y) 2015, c. 26, s. 7 (1, 2) - 01/01/2016 Page 68 of 440 28 2022, c. 12, Sched. 2, s. 1 - 14/04/2022 PART III FRONT-ENDING AGREEMENTS FRONT-ENDING AGREEMENTS Front-ending agreement 44 (1) A municipality in which a development charge by-law is in force may enter into an agreement, called a front-ending agreement, that, (a) applies with respect to work, done before or after the agreement is entered into, (i) that relates to the provision of services for which there will be an increased need as a result of development, and (ii) that will benefit an area of the municipality, defined in the agreement, to which the development charge by-law applies; (b) provides for the costs of the work to be borne by one or more of the parties to the agreement; and (c) provides for persons who, in the future, develop land within the area defined in the agreement to pay an amount to reimburse some part of the costs of the work. 1997, c. 27, s. 44 (1). Restrictions on services covered (2) The services to which the work relates must be services to which the development charge by-law relates and that are set out in paragraph 1, 2, 3, 4 or 5 of subsection 2 (4). 1997, c. 27, s. 44 (2); 2019, c. 9, Sched. 3, s. 11 (1). Reimbursement restriction (3) A front-ending agreement may provide for a person who is not a party to the agreement to pay an amount only if the person develops land and a development charge could be imposed for the development under subsections 2 (2) and (3). 1997, c. 27, s. 44 (3). Exemption (4) Subsections 2 (3.3), 4.2 (2) and 4.3 (1) and section 4 apply, with necessary modifications, to amounts a person who is not a party to a front-ending agreement must pay under the agreement. 1997, c. 27, s. 44 (4); 2019, c. 9, Sched. 3, s. 11 (2); 2022, c. 21, Sched. 3, s. 11 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (4) of the Act is amended by adding “4.1 (8) and (10)” after “Subsections 2 (3.3)” at the beginning. (See: 2022, c. 21, Sched. 3, s. 11 (2)) “Tiering” of front end costs (5) A front-ending agreement may provide for persons who reimburse part of the costs of the work borne by the parties to be themselves reimbursed by persons who later develop land within the area defined in the agreement. 1997, c. 27, s. 44 (5). Person can not be reimbursed for their share (6) A front-ending agreement must not provide for a person to be reimbursed for any part of their non-reimbursable share of the costs of the work as determined under the agreement. 1997, c. 27, s. 44 (6). Inclusions in cost of work (7) A front-ending agreement may provide for the following to be included in the cost of the work: 1. The reasonable costs of administering the agreement. 2. The reasonable costs of consultants and studies required to prepare the agreement. 1997, c. 27, s. 44 (7). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 11 (1, 2) - 18/09/2020 2022, c. 21, Sched. 3, s. 11 (1) - 28/11/2022; 2022, c. 21, Sched. 3, s. 11 (2) - not in force Contents of agreements 45 (1) A front-ending agreement must contain the following: Page 69 of 440 29 1. A description of the work to be done, a definition of the area of the municipality that will benefit from the work and the estimated cost of the work. 2. The proportion of the cost of the work that will be borne by each party to the agreement. 3. The method for determining the part of the costs of the work that will be reimbursed by the persons who, in the future, develop land within the area defined in the agreement. 4. The amount, or a method for determining the amount, of the non-reimbursable share of the costs of the work for the parties and for persons who reimburse parts of the costs of the work. 5. A description of the way in which amounts collected from persons to reimburse the costs of the work will be allocated. 1997, c. 27, s. 45 (1). Other provisions allowed (2) A front-ending agreement may contain other provisions in addition to those required under subsection (1). 1997, c. 27, s. 45 (2). OBJECTIONS TO AGREEMENTS Notice of agreement and time for objections 46 (1) The clerk of a municipality that has entered into a front-ending agreement shall give written notice of an agreement and of the last day for filing an objection to the agreement, which shall be the day that is 40 days after the day the agreement is made. 1997, c. 27, s. 46 (1). Requirements of notice (2) Notice must be given, not later than 20 days after the day the agreement is made, (a) by mailing a notice to every owner of land within the area defined in the front-ending agreement; or (b) by publishing a notice in a newspaper having general circulation in the municipality. 1997, c. 27, s. 46 (2). Same (3) A notice required under this section must explain the nature and purpose of the agreement and must indicate that the agreement can be viewed in the office of the clerk of the municipality during normal office hours. 1997, c. 27, s. 46 (3). Agreement to be available (4) The clerk of the municipality shall ensure that the agreement can be viewed as set out in the notice. 1997, c. 27, s. 46 (4). Objection to agreement 47 Any owner of land within the area defined in the front-ending agreement may object to a front-ending agreement by filing with the clerk of the municipality on or before the last day for objecting to the agreement, a notice of objection setting out the objection to the agreement and the reasons supporting the objection. 1997, c. 27, s. 47. Clerk’s duties if objection 48 (1) If the clerk of the municipality receives a notice of objection on or before the last day for filing an objection, the clerk shall compile a record that includes, (a) a copy, certified by the clerk, of every development charge by-law that applies to the area defined in the front-ending agreement; (b) a copy of the front-ending agreement certified by the clerk; (c) an affidavit or declaration certifying that notice of the front-ending agreement and of the last day for filing an objection to it was given in accordance with this Act. 1997, c. 27, s. 48 (1). Same (2) The clerk shall forward a copy of the notice of objection and the record to the Ontario Land Tribunal within 30 days after the last day for filing an objection and shall provide such other information or material as the Tribunal may require in respect of the objection. 1997, c. 27, s. 48 (2); 2021, c. 4, Sched. 6, s. 41 (6). Page 70 of 440 30 Affidavit, declaration conclusive evidence (3) An affidavit or declaration of the clerk of a municipality that notice of the front-ending agreement and of the last day for filing an objection to it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration. 1997, c. 27, s. 48 (3). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (6) - 01/06/2021 Tribunal hearing of objection 49 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of objection to a front-ending agreement forwarded by the clerk of a municipality. 1997, c. 27, s. 49 (1); 2021, c. 4, Sched. 6, s. 41 (1). Powers of Tribunal (2) After the hearing, the Ontario Land Tribunal may, (a) dismiss the objection in whole or in part; (b) terminate the agreement; (c) order that the agreement is terminated unless the parties amend it in accordance with the Tribunal’s order. 2021, c. 4, Sched. 6, s. 41 (7). Same (3) If the Ontario Land Tribunal terminates the agreement or makes an order under clause (2) (c), the Tribunal may order the municipality to refund any amount paid under the agreement in excess of, (a) if the agreement is terminated, what would have been payable under the development charge by-law; or (b) if the agreement is amended, what would have been payable under the amended agreement. 1997, c. 27, s. 49 (3); 2021, c. 4, Sched. 6, s. 41 (8). Effective date of amendment (4) An amendment in accordance with an order under clause (2) (c) shall be deemed to have come into force on the day the agreement comes into force. 1997, c. 27, s. 49 (4). Dismissal without hearing (5) Despite subsection (1), the Ontario Land Tribunal may, where it is of the opinion that the objection to the agreement set out in the notice of objection is insufficient, dismiss the objection without holding a full hearing after notifying the person filing the objection and giving that person an opportunity to make representations as to the merits of the objection. 1997, c. 27, s. 49 (5); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1, 7, 8) - 01/06/2021 Objections to amendments 50 Sections 46 to 49 apply, with necessary modifications, to an amendment to a front-ending agreement other than an amendment pursuant to an order of the Ontario Land Tribunal. 1997, c. 27, s. 50; 2021, c. 4, Sched. 6, s. 41 (9). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (9) - 01/06/2021 MISCELLANEOUS When agreements in force 51 (1) A front-ending agreement comes into force on the day the agreement is made. 1997, c. 27, s. 51 (1). If agreement terminated (2) A front-ending agreement that is terminated by the Ontario Land Tribunal shall be deemed to have never come into force. 1997, c. 27, s. 51 (2); 2021, c. 4, Sched. 6, s. 41 (1). Page 71 of 440 31 Application to amendments (3) This section applies, with necessary modifications, with respect to amendments to front-ending agreements. 1997, c. 27, s. 51 (3). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Non-parties bound by agreement 52 (1) A person who develops land within the area defined in a front-ending agreement shall pay any amount the agreement provides under clause 44 (1) (c). 1997, c. 27, s. 52 (1). When amounts payable (2) An amount that is payable under subsection (1) is payable upon a building permit being issued for the development unless the front-ending agreement provides for the amount to be payable on a later day or on an earlier day as allowed under subsection (3). 1997, c. 27, s. 52 (2). Same (3) A front-ending agreement may provide that an amount payable under subsection (1) for development that requires approval of a plan of subdivision under section 51 of the Planning Act or a consent under section 53 of the Planning Act and for which a subdivision agreement or consent agreement is entered into, be payable immediately upon the parties entering into the subdivision or consent agreement. 1997, c. 27, s. 52 (3). Special case, certain types of development (3.1) Despite subsections (2) and (3), an amount that is payable under subsection (1) in respect of any part of a development that consists of a type of development set out in subsection 26.1 (2) is payable in accordance with the following provisions, with necessary modifications: 1. Clause 26.1 (3) (a) or (b), as applicable. 2. Subsections 26.1 (5), (6) and (9). 2019, c. 9, Sched. 3, s. 12. Transition, date of agreement (3.2) Subsection (3.1) does not apply to an amount that is payable under subsection (1) in respect of a front-ending agreement entered into before the day section 12 of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 3, s. 12. Amounts paid to municipality (4) Amounts paid under subsection (1) shall be paid to the municipality. 1997, c. 27, s. 52 (4). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 12 - 01/01/2020 Building permits withheld until amounts paid 53 If an amount is payable under a front-ending agreement by a person who develops land, no municipality shall issue a building permit for the development until the amount is paid. 1997, c. 27, s. 53. Use of money received under an agreement 54 (1) A municipality that receives money under a front-ending agreement shall place the money in a special account. 1997, c. 27, s. 54 (1). Use of money in special account (2) The money in the special account shall be used, in accordance with the agreement, only for the following purposes: 1. To pay for work provided for under the agreement. 2. To reimburse those who, under the agreement, have a right to be reimbursed. 1997, c. 27, s. 54 (2). Return of excess funds (3) Despite subsection (2), if the municipality receives money from parties to the agreement to pay for work provided under the agreement, the municipality shall, if the agreement so provides, return to the parties any amounts that are not needed to pay for the work. 1997, c. 27, s. 54 (3). Page 72 of 440 32 Money held until objections disposed of (4) If an objection to a front-ending agreement is made, the municipality shall retain any money received from persons who are not parties to the agreement until all the objections to the agreement are disposed of by the Ontario Land Tribunal. If the Tribunal makes an order that the agreement be terminated unless the parties amend it in accordance with the Tribunal’s order, the municipality shall retain the money until the agreement is either terminated or amended. 2021, c. 4, Sched. 6, s. 41 (10). Application to amendments (5) Subsection (4) applies with necessary modifications with respect to amendments to front-ending agreements. 1997, c. 27, s. 54 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (10) - 01/06/2021 Credits 55 (1) A person is entitled to be given a credit towards a development charge for the amount of their non-reimbursable share of the costs of work under a front-ending agreement. 1997, c. 27, s. 55 (1). Restriction on the amount (2) If the work would result in a level of service that exceeds the average level of the service in the 10-year period immediately preceding the preparation of the background study for the development charge by-law, the amount of the credit must be reduced in the same proportion that the costs of the work that relate to a level of service that exceeds that average level of service bear to the costs of the work. Any regulations relating to the level of service and average level of service for the purposes of paragraph 4 of subsection 5 (1) also apply with necessary modifications for the purposes of this subsection. 1997, c. 27, s. 55 (2). Credits are treated like s. 38 credits (3) Credits under this section shall be treated, for the purposes of this Act, as though they were credits under section 38. 1997, c. 27, s. 55 (3). Registration of agreement 56 A party to a front-ending agreement may register the agreement or a certified copy of it against the land to which it applies. 1997, c. 27, s. 56. Notice to other tier 57 (1) An upper-tier municipality that is a party to a front-ending agreement shall, within 20 days after the agreement is made or amended, give a copy of the agreement or amendment to any area municipality that is not a party to the agreement and whose territory includes any part of the area defined in the agreement. 1997, c. 27, s. 57 (1). Same (2) An area municipality that is a party to a front-ending agreement shall, within 20 days after the agreement is made or amended, give a copy of the agreement or amendment to the upper-tier municipality that the area municipality is part of, if the upper-tier municipality is not a party to the agreement. 1997, c. 27, s. 57 (2). PART IV GENERAL 58 REPEALED: 2009, c. 33, Sched. 2, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 24 - 15/12/2009 Planning Act, ss. 51, 53 59 (1) A municipality shall not, by way of a condition or agreement under section 51 or 53 of the Planning Act, impose directly or indirectly a charge related to a development or a requirement to construct a service related to development except as allowed in subsection (2). 1997, c. 27, s. 59 (1). Exception for local services (2) A condition or agreement referred to in subsection (1) may provide for, (a) local services, related to a plan of subdivision or within the area to which the plan relates, to be installed or paid for by the owner as a condition of approval under section 51 of the Planning Act; Page 73 of 440 33 (b) local services to be installed or paid for by the owner as a condition of approval under section 53 of the Planning Act. 1997, c. 27, s. 59 (2). Limitation (3) This section does not prevent a condition or agreement under section 51 or 53 of the Planning Act from requiring that services be in place before development begins. 1997, c. 27, s. 59 (3). Notice of development charges at transfer (4) In giving approval to a draft plan of subdivision under subsection 51 (31) of the Planning Act, the approval authority shall use its power to impose conditions under clause 51 (25) (d) of the Planning Act to ensure that the persons who first purchase the subdivided land after the final approval of the plan of subdivision are informed, at the time the land is transferred, of all the development charges related to the development. 1997, c. 27, s. 59 (4). Exception, old agreements (5) This section does not affect a condition or agreement imposed or made under section 51 or 53 of the Planning Act that was in effect on November 23, 1991. 1997, c. 27, s. 59 (5). No additional levies 59.1 (1) A municipality shall not impose, directly or indirectly, a charge related to a development or a requirement to construct a service related to development, except as permitted by this Act or another Act. 2015, c. 26, s. 8. Prescribed exceptions (2) Subsection (1) does not apply with respect to, (a) a prescribed class of developments; (b) a prescribed class of services related to developments; or (c) a prescribed Act or a prescribed provision of an Act. 2015, c. 26, s. 8. Exception, transition (3) Subsection (1) does not affect a charge that is imposed before the day section 8 of the Smart Growth for Our Communities Act, 2015 comes into force. 2015, c. 26, s. 8. Power of investigation (4) The Minister of Municipal Affairs and Housing may, at any time, investigate whether a municipality has complied with subsection (1). 2015, c. 26, s. 8. Same (5) For the purposes of an investigation under subsection (4), the Minister may, (a) inquire into any or all of the municipality’s affairs, financial and otherwise; (b) require the production of any records and documents that may relate to the municipality’s affairs; (c) inspect, examine, audit and copy anything required to be produced under clause (b); (d) require any officer of the municipality and any other person to appear before the Minister and give evidence on oath about the municipality’s affairs; and (e) hold any hearings in respect of the municipality’s affairs as the Minister considers necessary or expedient. 2015, c. 26, s. 8. Application of Public Inquiries Act, 2009 (6) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under subsection (4). 2015, c. 26, s. 8. Cost of investigation (7) The Minister may require the municipality to pay all or part of the cost of an investigation under subsection (4). 2015, c. 26, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 8 - 01/01/2016 Page 74 of 440 34 Regulations 60 (1) The Lieutenant Governor in Council may make regulations, (a) defining or clarifying “gross floor area” and “existing industrial building” for the purposes of this Act; (b), (b.1) REPEALED: 2022, c. 21, Sched. 3, s. 12 (1). (b.1) for the purposes of subsection 2 (3.1), prescribing classes of residential buildings, prescribing restrictions and governing what constitutes a separate building; (c) clarifying or defining terms used in subsection 2 (4) that are not already defined in or under this Act; (c.1) prescribing services for the purposes of paragraph 21 of subsection 2 (4); (c.2) governing transitional matters arising from additional services being prescribed under clause (c.1); (d) prescribing areas, and prescribing services with respect to prescribed areas, for the purposes of subsection 2 (9); (d.1) prescribing municipalities, services and criteria for the purposes of subsection 2 (11); Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 60 (1) of the Act is amended by adding the following clauses: (See: 2022, c. 21, Sched. 3, s. 12 (2)) (d.2) prescribing developments and classes of developments for the purposes of paragraph 3 of subsection 4.1 (4); (d.3) prescribing criteria for the purposes of paragraph 5 of subsection 4.1 (4); (e) governing the determination as to whether the council of a municipality has indicated, for the purposes of paragraph 3 of subsection 5 (1), an intention to ensure that an increase in need for service will be met; (f) governing the determination of the level of service and the average level of service for the purposes of paragraph 4 of subsection 5 (1); (g) for the purposes of paragraph 5 of subsection 5 (1), governing the determination of excess capacity and whether a council has indicated an intention that excess capacity would be paid for by new development; (h) governing the determination of the extent to which an increase in service would benefit existing development for the purposes of paragraph 6 of subsection 5 (1); (i) governing the estimation of the capital costs for the purposes of paragraph 7 of subsection 5 (1); (j) prescribing an index for the purpose of paragraph 10 of subsection 5 (1); (k) governing reductions, under subsection 5 (2), to adjust for capital grants, subsidies and other contributions, including governing what are capital grants, subsidies and other contributions for the purposes of that subsection and how much the reduction shall be for such grants, subsidies and other contributions; (l) prescribing services for the purposes of paragraph 1 of subsection 5 (3); (m) REPEALED: 2019, c. 9, Sched. 3, s. 13 (4). (m.1) further clarifying or defining the term “Toronto-York subway extension” in subsection 5.1 (1) or the term “Yonge North subway extension” in subsection 5.1.1 (1); (m.2) prescribing the method and criteria to be used to estimate the planned level of service for the Toronto-York subway extension or the Yonge North subway extension; (m.3) prescribing a service, other than the Toronto-York subway extension or the Yonge North subway extension, as a service for the purposes of section 5.2; (m.4) prescribing the method and criteria to be used to estimate the planned level of service for a service that is prescribed for the purposes of section 5.2; (m.5) prescribing a date for the purposes of section 9.1; (n) prescribing information that must be included in a background study under section 10; (o) defining or clarifying “operating costs” for the purposes of clause 10 (2) (c); (o.1) prescribing information for the purposes of clause 10 (3) (c); (o.2) prescribing the manner in which an asset management plan is to be prepared for the purposes of clause 10 (3) (d); Page 75 of 440 35 (p) for the purposes of clause 12 (1) (b), governing notice of meetings; (q) for the purposes of subsection 13 (2), governing notices of the passing of development charge by-laws; (r) requiring municipalities to keep records in respect of reserve funds and governing such records; (s) prescribing the minimum interest rate or a method for determining the minimum interest rate that municipalities shall pay under subsections 18 (3) and 25 (2) and section 36; (s.1) governing the types of development set out in subsection 26.1 (2); (s.2) prescribing the maximum rate of interest for the purposes of subsections 26.1 (7) and 26.2 (3); (s.2.1) prescribing developments for the purposes of subsection 26.2 (1.3); (s.3) prescribing the amount of time for the purposes of clauses 26.2 (5) (a) and (b); (s.4) prescribing one or more services for the purposes of subsection 35 (3); (t) prescribing information for the purposes of clause 43 (2) (d); (t.0.1) prescribing the manner in which a statement is to be made available and other requirements for the purposes of clause 43 (2.1) (b); (t.1) prescribing classes of developments and classes of services related to developments for the purposes of subsection 59.1 (2); (t.2) prescribing Acts and provisions of Acts for the purposes of subsection 59.1 (2); (u) requiring municipalities to give notice of the particulars of development charge by-laws that are in force, in the manner, and to the persons, prescribed in the regulations; (v) requiring municipalities to prepare and distribute pamphlets to explain their development charge by-laws and governing the preparation of such pamphlets and their distribution by municipalities and others. 1997, c. 27, s. 60 (1); 2006, c. 33, Sched. H, s. 3; 2015, c. 26, s. 9; 2019, c. 9, Sched. 3, s. 13 (1, 2, 4-6); 2020, c. 18, Sched. 3, s. 10; 2021, c. 34, Sched. 7, s. 3; 2022, c. 12, Sched. 2, s. 2; 2022, c. 21, Sched. 3, s. 12 (1-6). Note: On a day to be named by proclamation of the Lieutenant Governor, section 60 of the Act is amended by adding the following subsections: (See: 2022, c. 21, Sched. 3, s. 12 (7)) Adoption by reference (1.1) A regulation under clause (1) (d.3) may adopt by reference, in whole or in part and with such changes as are considered necessary, any document and may require compliance with the document. 2022, c. 21, Sched. 3, s. 12 (7). Rolling incorporation by reference (1.2) The power to adopt by reference and require compliance with a document in subsection (1.1) includes the power to adopt a document as it may be amended from time to time. 2022, c. 21, Sched. 3, s. 12 (7). Forms (2) Regulations under subsection (1) may require the use of forms approved by the Minister of Municipal Affairs and Housing. 1997, c. 27, s. 60 (2). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. H, s. 3 - 04/05/2007 2015, c. 26, s. 9 (1-3) - 01/01/2016 2016, c. 25, Sched. 1, s. 2 - no effect - see 2019, c. 9, Sched. 3, s. 15 (1) - 06/06/2019 2019, c. 9, Sched. 3, s. 13 (1, 2, 4) - 18/09/2020; 2019, c. 9, Sched. 3, s. 13 (3) - no effect - 2020, c. 18, Sched. 3, s. 12 - 21/07/2020; 2019, c. 9, Sched. 3, s. 13 (5) - 06/06/2019; 2019, c. 9, Sched. 3, s. 13 (6) - 01/01/2020 2020, c. 18, Sched. 3, s. 10 - 18/09/2020 2021, c. 34, Sched. 7, s. 3 - 01/01/2022 2022, c. 12, Sched. 2, s. 2 - 14/04/2022; 2022, c. 21, Sched. 3, s. 12 (1, 3-6) - 28/11/2022; 2022, c. 21, Sched. 3, s. 12 (2, 7) - not in force Regulations respecting transition, 2019 amendments 60.1 The Lieutenant Governor in Council may make regulations, Page 76 of 440 36 (a) setting out transitional rules dealing with matters not specifically dealt with in the amendments to this Act made by Schedule 3 to the More Homes, More Choice Act, 2019; (b) clarifying the transitional rules set out in the amendments to this Act made by Schedule 3 to the More Homes, More Choice Act, 2019; (c) setting out transitional rules dealing with matters not specifically dealt with in the amendments to this Act made by Schedule 3 to the COVID-19 Economic Recovery Act, 2020; (d) clarifying the transitional rules set out in the amendments to this Act made by Schedule 3 to the COVID-19 Economic Recovery Act, 2020. 2019, c. 9, Sched. 3, s. 14; 2020, c. 18, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 14 - 06/06/2019 2020, c. 18, Sched. 3, s. 11 - 18/09/2020 PART V TRANSITIONAL RULES Interpretation 61 In this Part, “old Act” means the Development Charges Act as it reads immediately before this section comes into force; (“ancienne loi”) “transition period” means the 18-month period beginning on the day this section comes into force. (“période de transition”) 1997, c. 27, s. 61. By-laws under the old Act 62 (1) This section applies with respect to a development charge by-law under the old Act. 1997, c. 27, s. 62 (1). Continues during transition period (2) Unless it expires or is repealed earlier, a development charge by-law continues in force until the end of the transition period and the old Act continues to apply with respect to the by-law. 1997, c. 27, s. 62 (2). Application of old Act (3) A municipality may, under the old Act, amend or repeal a development charge by-law with respect to which the old Act applies under subsection (2) but the municipality may not pass a new development charge by-law under that Act. 1997, c. 27, s. 62 (3). Repeal at the end of transition period (4) A development charge by-law under the old Act that has not already expired or been repealed expires at the end of the transition period. 1997, c. 27, s. 62 (4). Front-ending agreement requirement (5) For the purposes of subsection 44 (1), a development charge by-law under the old Act shall be deemed to be a development charge by-law under this Act. 1997, c. 27, s. 62 (5). Reserve funds under the old Act 63 (1) This section applies with respect to a reserve fund under a development charge by-law under the old Act that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period. 1997, c. 27, s. 63 (1). Eligible services (2) If a reserve fund is not for a service referred to in paragraphs 1 to 7 of subsection 2 (4) then, upon the expiry or repeal of the development charge by-law, the reserve fund shall be deemed to be a reserve fund under this Act. 1997, c. 27, s. 63 (2). Ineligible services (3) If a reserve fund is for a service referred to in paragraphs 1 to 7 of subsection 2 (4) then, upon the expiry or repeal of the development charge by-law, the following apply: 1. The reserve fund shall be deemed to be a general capital reserve fund for the same purpose. Page 77 of 440 37 2. The municipality may, at any time, allocate all the money in the fund to one or more reserve funds established under development charge by-laws under this Act. 3. Five years after the development charge by-law expires or is repealed, the municipality shall allocate any money remaining in the fund to reserve funds established under development charge by-laws under this Act or, if there are no such reserve funds, to a general capital reserve fund. 4. Despite paragraph 1, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the fund. 1997, c. 27, s. 63 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 12 (3). Interpretation (4) In this section and in sections 64, 65 and 66, references to paragraphs 1 to 7 of subsection 2 (4) shall be read as references to those provisions as they read before the day subsection 2 (2) of the Smart Growth for Our Communities Act, 2015 comes into force. 2015, c. 26, s. 10. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 12 (3) - 01/01/2007 2015, c. 26, s. 10 - 01/01/2016 Credits under old section 13, ineligible services 64 (1) The following apply with respect to a development charge by-law that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period: 1. Within 20 days after the expiry or repeal of the development charge by-law, the clerk of the municipality shall give written notice of the expiry or repeal of the by-law and of the last day for applying for a refund of ineligible credits given under section 13 of the old Act which shall be the day that is 80 days after the day the by-law expires or is repealed. 2. Notices required under paragraph 1 must meet the requirements prescribed in the regulations and shall be given in accordance with the regulations. 3. A notice required under paragraph 1 shall be deemed to have been given, i. if the notice is by publication in a newspaper, on the day that the publication occurs, ii. if the notice is given by mail, on the day that the notice is mailed. 4. On or before the day that is 90 days after the last day for applying for a refund of ineligible credits given under section 13 of the old Act, the municipality shall pay each holder of such a credit the full value of the credit. 1997, c. 27, s. 64 (1). “Ineligible credit” (2) In this section, “ineligible credit” is a credit given under the old Act in respect of a service referred to in paragraphs 1 to 7 of subsection 2 (4) including such a credit given under the old Act as it applies under section 62. 1997, c. 27, s. 64 (2). Credits under old section 13, eligible services 65 (1) The following apply with respect to a development charge by-law that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period: 1. The holder of an eligible credit given under section 13 of the old Act is entitled to be given a credit towards a development charge under a development charge by-law under this Act of the same municipality under whose by-law the eligible credit was given. 2. A credit may only be given with respect to the service to which the eligible credit related. 1997, c. 27, s. 65 (1). “Eligible credit” (2) In this section, “eligible credit” is a credit given under the old Act in respect of a service not referred to in paragraphs 1 to 7 of subsection 2 (4) including such a credit given under the old Act as it applies under section 62. 1997, c. 27, s. 65 (2). Page 78 of 440 38 Debt under the old Act for eligible services 66 (1) This section applies with respect to a debt, other than credits, incurred with respect to a service not referred to in paragraphs 1 to 7 of subsection 2 (4), under a development charge by-law under the old Act that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period. 1997, c. 27, s. 66 (1). Can be included as capital cost (2) For the purposes of developing a development charge by-law, the debt may be included as a capital cost subject to any limitations or reductions in this Act or the regulations. 1997, c. 27, s. 66 (2). Agreements to pay early or late 67 (1) This section applies with respect to an agreement under subsection 9 (4) or (8) of the old Act (early or late payment) that relates to a development charge under a development charge by-law under the old Act that expires or is repealed during the transition period or expires, under section 62 at the end of the transition period. 1997, c. 27, s. 67 (1). Agreements continued (2) An agreement continues in force after the development charge by-law expires or is repealed but only in respect of a development charge that was payable, in the absence of the agreement, before the development charge by-law expired or was repealed. 1997, c. 27, s. 67 (2). Regulations, transition 68 (1) The Lieutenant Governor in Council may make regulations, (a) governing notices for the purposes of paragraph 2 of subsection 64 (1); (b) for the purposes of section 66, limiting the circumstances in which a debt may be included as a capital cost and prescribing reductions that shall be made if a debt is to be included as a capital cost; (c) setting out transitional rules relating to credits given under section 14 of the old Act; (d) setting out transitional rules relating to front-ending agreements under Part II of the old Act; (e) setting out transitional rules dealing with matters not specifically dealt with in this Part; (f) clarifying the transitional rules set out in this Part. 1997, c. 27, s. 68 (1). Same (2) Regulations under clause (1) (c) may provide for procedures to apply in relation to credits given under section 14 of the old Act and, without limiting the generality of the foregoing, such regulations may provide for appeals to the Ontario Land Tribunal. 1997, c. 27, s. 68 (2); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 69-72 OMITTED (AMENDS OR REPEALS OTHER ACTS). 1997, c. 27, ss. 69-72. 73 OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS ACT). 1997, c. 27, s. 73. 74 OMITTED (ENACTS SHORT TITLE OF THIS ACT). 1997, c. 27, s. 74. ______________ Français Back to top Page 79 of 440 F-2023-05 Report Report to: Mayor and Council Date: February 7, 2023 Title: 2020 Corporation of the City of Niagara Falls (Draft) Consolidated Financial Statements Recommendation(s) That Council APPROVE the 2020 Corporation of the City of Niagara Falls Draft Consolidated Financial Statements. Executive Summary The City’s auditors, Crawford, Smith & Swallow, has completed the audit of the financial statements for the year ending December 31, 2020. This report is the presentation of those statements for Council’s review and endorsement. The statements are presented in draft form so that Council can approve them. The statements will then be finalized and published. Background The Finance Department continues its efforts to bring our audited financial statements up to the current year. The Finance team and our Auditors had incurred some setbacks that have caused delays. In collaboration with the Auditor it is anticipated the City will become current in the next 12-15 months as Finance and our auditors work together on both the 2021 and 2022 Draft Consolidated Financial Statements with 2021 drafts anticipated in late Q3 2023 and 2022 drafts anticipated in Q2 2024. The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow Chartered Professional Accountants LLP to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City’s Financial Infor mation Return (FIR) submission to the Province of Ontario. Analysis Analysis relating to the City's 2020 budget to actual variances and closed capital reports can be found on the following reports on the Council agenda on the various dates noted: • F-2021-45 - Capital Project Closing Report as at June 30, 2021 - August 10, 2021 agenda Page 1 of 53 Page 80 of 440 • F-2021-55 – 2020 Parking Fund Budget to Actual (unaudited) Comparison – November 16, 2021 agenda • F-2021-60 – 2020 Water Fund and Wastewater Fund Budget to Actual (unaudited) Comparison – December 7, 2021 agenda • F-2022-09 – Tax Supported Operating Fund 2020 Budget to Actual Variance Report – February 8, 2022 agenda List of Attachments F-2023-05 2020 City of Niagara Falls Draft Audited Financial Statements F-2023-05 2020 City of Niagara Falls Independence Letter F-2023-05 2020 City of Niagara Falls Pre Audit Letter F-2023-05 2020 City of Niagara Falls DRAFT Post Audit Letter F-2023-05 2020 City of Niagara Falls DRAFT Management Letter Written by: Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 01 Feb 2023 Shelley Darlington, General Manger of Corporate Services Approved - 01 Feb 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 2 of 53 Page 81 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2020 DRAFTPage 3 of 53 Page 82 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2020 Table of Contents Page Management Report 1 Independent Auditors' Report 2-4 Consolidated Statement of Financial Position 5 Consolidated Statement of Operations and Accumulated Surplus 6 Consolidated Statement of Cash Flows 7 Consolidated Statement of Change in Net Financial Assets 8 Notes to Consolidated Financial Statements 9-32 Schedule of Segmented Reporting 33-34 Schedules of Tangible Capital Assets 35-36DRAFT Page 4 of 53 Page 83 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO MANAGEMENT REPORT December 31, 2020 The accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality") are the responsibility of the Municipality's management and have been prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada, as described in Note 1 to the consolidated financial statements. The preparation of consolidated financial statements necessarily involves the use of estimates based on management's judgement, particularly when transactions affecting the current accounting period cannot be finalized with certainty until future periods. Municipality management maintains a system of internal controls designed to provide reasonable assurance that assets are safeguarded, transactions are properly authorized and recorded in compliance with legislative and regulatory requirements and reliable financial information is available on a timely basis for preparation of the consolidated financial statements. These systems are monitored and evaluated by management. Council meets with management and the external auditors to review the consolidated financial statements and discuss any significant financial reporting or internal control matters prior to their approval of the consolidated financial statements. The consolidated financial statements have been audited by Crawford Smith & Swallow, Chartered Professional Accountants LLP, independent external auditors appointed by the Municipality. The accompanying Independent Auditors' Report outlines their responsibilities, the scope of their examination and their opinion on the Municipality's consolidated financial statements. ____________________________ ____________________________ Jim Diodati Jason Burgess Mayor Chief Administrative Officer Report Date Report Date 1DRAFT Page 5 of 53 Page 84 of 440 INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario Opinion We have audited the accompanying consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario, which comprise the consolidated statement of financial position as at December 31, 2020, and the consolidated statements of operations and accumulated surplus, change in net financial assets and cash flows for the year then ended, and notes to the consolidated financial statements, including a summary of significant accounting policies. In our opinion, the accompanying consolidated financial statements present fairly, in all material respects, the consolidated financial position of the Corporation of the City of Niagara Falls, Ontario as at December 31, 2020, and the results of its operations, cash flows and change in net financial assets for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the Auditors' Responsibilities for the Audit of the Consolidated Financial Statements section of our report. We are independent of the Municipality in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. 2DRAFT Page 6 of 53 Page 85 of 440 In preparing the consolidated financial statements, management is responsible for assessing the Municipality's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Municipality or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Municipality's financial reporting process. Auditors' Responsibilities for the Audit of the Consolidated Financial Statements Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these consolidated financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: a)Identify and assess the risks of material misstatement of the consolidated financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. b)Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. c)Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. d)Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Municipality's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditors' report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditors' report. However, future events or conditions may cause the Municipality to cease to continue as a going concern. e)Evaluate the overall presentation, structure and content of the consolidated financial statements, including the disclosures, and whether the consolidated financial statements represent the underlying transactions and events in a manner that achieves fair presentation. 3DRAFT Page 7 of 53 Page 86 of 440 We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. We also provide those charged with governance with a statement that we have complied with relevant ethical requirements regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence, and where applicable, related safeguards. Niagara Falls, Ontario Report Date CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 4DRAFT Page 8 of 53 Page 87 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2020 (In thousands of dollars) 2020 2019 $$ Financial Assets - note 8 Cash - note 3 55,563 143,134 Investments - note 4 120,102 36,826 Taxes receivable - note 5 22,316 12,748 Accounts receivable 8,797 22,497 User fees receivable 5,863 6,110 Long-term receivables - note 6 914 1,042 Long-term investment - note 7 94,780 93,214 308,335 315,571 Contingent Liabilities - note 9 Liabilities Accounts payable and accrued liabilities - note 8 27,915 27,221 Deferred revenue - obligatory reserve funds - note 10 47,098 47,256 Deferred revenue - note 11 13,611 12,936 Other liabilities 9,295 6,479 Post-employment benefits - note 12 29,360 29,749 Net long-term liabilities - note 13 53,037 48,522 180,316 172,163 Net Financial Assets 128,019 143,408 Non-Financial Assets Tangible capital assets 796,516 771,350 Inventories and prepaid expenses 3,458 3,076 799,974 774,426 Accumulated Surplus - note 14 927,993 917,834 Signed on behalf of the Municipality: _____________________________ Mayor _____________________________ Acting Chief Administrative Officer See accompanying notes 5DRAFT Page 9 of 53 Page 88 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31, 2020 (In thousands of dollars) Budget Actual Actual 2020 2020 2019 $$$ note 21 Revenue Taxation - note 5 78,812 79,893 78,302 User fees 56,659 48,409 57,450 Government of Canada grants 750 2,999 1,340 Province of Ontario grants 990 5,751 8,713 Other municipal grants 3,510 7,475 6,274 Interest, penalties and fines 2,605 2,196 2,789 Investment income 2,941 2,252 3,511 Casino and gaming revenues 23,000 3,979 22,837 Niagara Falls Hydro Holding Corporation net comprehensive income - note 7 2,236 1,634 Contributions from Obligatory Reserve Funds - note 10 13,803 7,954 Other 14,040 9,940 16,308 Contributed tangible capital assets 13,319 Loss on disposal of tangible capital assets (413)(532) 183,307 178,520 219,899 Expenses General government 19,402 18,538 21,673 Protection to persons and property 30,152 28,593 29,753 Transportation services 38,203 47,064 51,739 Environmental services 36,767 42,902 39,565 Health services 2,071 1,972 2,153 Social and family services 1,002 753 1,071 Recreation and cultural services 21,959 23,253 27,463 Planning and development 5,289 5,286 5,693 154,845 168,361 179,110 Annual Surplus 28,462 10,159 40,789 Accumulated Surplus, Beginning of Year 917,834 917,834 877,045 Accumulated Surplus, End of Year 946,296 927,993 917,834 See accompanying notes 6DRAFT Page 10 of 53 Page 89 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December 31, 2020 (In thousands of dollars) 2020 2019 $$ Operations Annual surplus 10,159 40,789 Changes in non-cash assets and liabilities - note 18 (75,513)(8,550) Non-cash charges to operations Amortization of tangible capital assets 28,182 27,330 Loss on disposal of tangible capital assets 413 532 Contributed tangible capital assets (13,319) Niagara Falls Hydro Holding Corporation net comprehensive income - note 7 (2,236)(1,634) Net increase (decrease) in cash from operations (38,995)45,148 Capital Acquisition of tangible capital assets (53,761)(31,442) Investing Note receivable 22,000 Dividends received from Niagara Falls Hydro Holding Corporation - note 14(c)670 671 Net increase in cash from investing 670 22,671 Financing Long-term debt issued 8,400 4,100 Long-term debt repaid (3,885)(3,755) Net increase in cash from financing 4,515 345 Increase (Decrease) in Cash Position (87,571)36,722 Cash Position, Beginning of Year 143,134 106,412 Cash Position, End of Year 55,563 143,134 See accompanying notes 7DRAFT Page 11 of 53 Page 90 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31, 2020 (In thousands of dollars) Budget Actual Actual 2020 2020 2019 $$$ note 21 Annual Surplus 28,462 10,159 40,789 Acquisition of Tangible Capital Assets (62,909) (53,761) (31,442) Amortization of Tangible Capital Assets 28,182 28,182 27,330 Loss on Disposal of Tangible Capital Assets 413 413 532 Contributed Tangible Capital Assets (13,319) Change in Inventories and Prepaid Expenses - note 18 (382)(187) Increase (Decrease) in Net Financial Assets (5,852)(15,389)23,703 Net Financial Assets, Beginning of Year 143,408 143,408 119,705 Net Financial Assets, End of Year 137,556 128,019 143,408 See accompanying notes 8DRAFT Page 12 of 53 Page 91 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality") are the representations of management prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada ("CPA Canada") with the exception of providing budget figures. See note 21. (a) Basis of consolidation (i) These consolidated financial statements reflect the assets, liabilities, revenue and expenses of the operating fund, reserves, reserve funds and changes in investment in tangible capital assets. They include the activities of all committees of Council and the following boards, municipal enterprises and utilities which are under the control of Council: Niagara Falls Public Library Board Clifton Hill Business Improvement Area Downtown Board of Management Fallsview Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria & Centre Business Improvement Area Niagara Convention & Civic Centre Inc. Niagara Falls Hydro Holding Corporation The Municipality's wholly owned subsidiary Niagara Falls Hydro Holding Corporation ("NFHHC") is accounted for on a modified equity basis, consistent with the accounting treatment for government business enterprises. Under the modified equity basis, the business enterprise's accounting principles are not adjusted to conform with those of the Municipality, and inter-organizational transactions and balances are not eliminated. The Municipality recognizes its equity interest in the net comprehensive income or loss of NFHHC in its Consolidated Statement of Operations and Accumulated Surplus with a corresponding increase or decrease in its investment asset account. Any dividends that the Municipality may receive from NFHHC will be reflected as reductions in the investment asset account. 9DRAFT Page 13 of 53 Page 92 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 1. Significant Accounting Policies - continued (a) Basis of consolidation - continued (ii) Partial-consolidated entity The following joint local board is proportionately consolidated. See note 19. Niagara District Airport Commission (Joint Board) (iii) Accounting for Regional Municipality of Niagara and School Board transactions The taxation, other revenue, expenses, assets and liabilities with respect to the operations of the school boards and the Regional Municipality of Niagara (the "Region") are not reflected in the municipal fund balances of these consolidated financial statements. See note 2. (iv) Trust funds Trust funds and their related operations administered by the Municipality are not consolidated, but are reported separately on the Trust Funds Statement of Financial Position and Statement of Financial Activities and Changes in Fund Balances. (b) Basis of accounting (i) Revenue and expenses are reported on the accrual basis of accounting. (ii) The accrual basis of accounting recognizes revenues as they become available and measurable; expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (iii) Investments Investments consist of Government of Canada treasury bills and crown corporation bonds; provincial government bonds; and Canadian corporate bonds. Investments are recorded at cost plus accrued interest. (iv) Long- term receivables Long-term receivables are initially reported on the Consolidated Statement of Financial Position at cost. Recoverability is assessed annually and a valuation allowance is recorded when recoverability is impaired. The long-term receivables are written off when they are no longer recoverable. Recoveries of long-term receivables previously written off are recognized as revenue in the year received. Interest revenue is recognized as it is earned. (v) Non-financial assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year, and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the annual surplus, provides the change in net financial assets for the year. 10DRAFT Page 14 of 53 Page 93 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (vi) Tangible capital assets Tangible capital assets are recorded at cost. Cost includes all directly attributable expenditures in the acquisition, construction, development and/or betterment of the asset required to install the asset at the location. Amortization is recorded to reflect the cost, net of anticipated residual value, associated with the use of the asset in providing government services on a straight- line basis over the estimated useful life of the asset. Assets under construction are not amortized until the asset is available for productive use, at which time they are capitalized. Gains and/or losses on the disposal of an asset is recorded on the Consolidated Statement of Operations and Accumulated Surplus as "gain/loss on disposal of tangible capital assets". Asset Class Period General Land - NIL Land improvements - 10-60 years Buildings - 15-100 years Furniture and equipment - 10-25 years Vehicles - 6-25 years Leasehold improvements - 10-75 years Infrastructure Environmental - 30-100 years Roads - 10-75 years Water - 15-100 years Tangible capital assets received as contributions are recorded at their fair market value at the date of receipt and are also recorded as revenue. Similarly, transfers of assets to third parties are recorded as an expense equal to the net book value of the asset as of the date of transfer. The historical cost of works of art or historical treasures has not been assigned to these assets nor disclosed in the consolidated financial statements. (vi) Inventories Inventories are valued at average cost. 11DRAFT Page 15 of 53 Page 94 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (vii) Deferred revenue - obligatory reserve funds Deferred revenue - obligatory reserve funds represents development charge contributions, public purpose, parkland dedication, gas taxes and Ontario Community Infrastructure Fund, levied or received under the authority of federal and provincial legislation and Municipality by-laws. These amounts have been collected but the related services have yet to be performed - see note 10. These amounts will be recognized as revenue in the fiscal year the services are performed. (viii) Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (ix) Government transfers Government transfers are recognized in the period in which the events giving rise to the transfers occur, providing the transfers are authorized, any eligibility criteria are met, and reasonable estimates of the amounts can be made, except when and to the extent that stipulations associated with the transfer give rise to a liability. Transfers are recognized as deferred revenue when transfer stipulations give rise to a liability. The transfer revenue is recognized in the Consolidated Statement of Operations and Accumulated Surplus as the stipulations giving rise to the liabilities are settled. (x) Employee future benefits The Municipality provides defined retirement and other future benefits to specified employee groups. These benefits include pension, health care benefits, dental benefits, future paid sick leave benefits, retirement gratuity, workers' compensation and long-term disability benefits. The Municipality has adopted the following policies with respect to accounting for these employee benefits: (1) The costs of self-insured retirement and other employee future benefit plans are actuarially determined using management's best estimate of salary escalation, accumulated sick days during employment and at retirement, insurance and health care cost trends, disability recovery rates, long-term inflation rates and discount rates. The cost of retirement gratuities are actuarially determined using the employee's salary, banked sick days and years of service and management's best estimate of discount rates. Any actuarial gains and losses arising from changes to the discount rate are amortized over the expected average remaining service life of the employee group. 12DRAFT Page 16 of 53 Page 95 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (x) Employee future benefits - continued For self-insured retirement and other employee future benefits that vest or accumulate over the periods of service provided by the employees, such as health care benefits for retirees or retirement gratuities, the cost is actuarially determined using projected benefits method prorated on service. Under this method, the benefit costs are recognized over the expected average service life of the employee group. For those self-insured benefit obligations that arise from specific events that occur from time to time, such as obligations for workers' compensation, long-term disability and life insurance and health care benefits for those on disability leave, the cost is recognized immediately in the period the events occur. Any actuarial gains and losses that are related to these benefits are recognized immediately in the period they arise. (2) The costs of multi-employer defined pension plan benefits, such as the Ontario Municipal Employees Retirement System pensions, are the employer's contributions due to the plan in the period. (3) The costs of insured benefits are the employer's portion of insurance premiums owed for coverage of employees during the period. (xi) Tax revenue Taxes receivable and tax revenue are recognized when they meet the definition of an asset, the tax is authorized and the taxable event has occurred. (xii) Investment income Investment income is reported as revenue in the period earned. When required by the funding government or provincial legislation, investment income earned on deferred revenue is added to the investment and forms part of the deferred revenue balance. (xiii) Other income Other income is recognized as revenue when service is performed. 13DRAFT Page 17 of 53 Page 96 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 1. Significant Accounting Policies - continued (b)Basis of accounting - continued (xiv) Use of estimates The preparation of the consolidated financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the consolidated financial statements and the reported amounts of revenue and expenses during the reporting periods. Accounts subject to significant estimates include accounts receivable, tangible capital assets, accounts payable and accrued liabilities, and employee future benefits. Theses estimates and assumptions are based on management's best information and judgement. Actual results may differ significantly from those estimates. 2. Operations of School Boards and the Regional Municipality of Niagara Further to note 1(a)(iii), the taxation, other revenues, expenses and overlevies of the school boards and the Region are comprised of the following: (in thousands of dollars) (in thousands of dollars) School Boards Region 2020 2019 2020 2019 $ $ $ $ Taxation and user charges 40,610 40,657 90,392 84,455 Payments-in-lieu of taxes 3,231 1,896 3,871 3,745 Amounts received or receivable 43,841 42,553 94,263 88,200 Requisitions 43,841 42,553 94,263 88,200 Overlevies (Underlevies) at the end of year 3. Cash Cash represents cash and short term investments from both the operating fund and the reserve funds (including those funds set aside in deferred revenue): (in thousands of dollars) 2020 2019 $$ Unrestricted 42,198 92,505 Restricted 13,365 50,629 55,563 143,134 14DRAFT Page 18 of 53 Page 97 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 4. Investments Investments have a book value of $ 120,102,165 ($ 36,826,402 - 2019) and a market value of $ 120,394,570 ($ 36,823,394 - 2019). Included in investments are guaranteed investment certificates (GIC's) with interest rates between 1.70% and 2.16% and mature between March 2021 and March 2022. The GIC's are subject to insignificant risk of change in value. 5. Taxes Receivable and Revenues Property tax billings are prepared by the Municipality based on an assessment roll issued by the Municipal Property Assessment Corporation ("MPAC") and in accordance with the provisions of the Municipal Act, 2001. Tax rates are established annually by Council, incorporating amounts to be raised for local services and amounts the Municipality is required to collect on behalf of the Province of Ontario in respect of education taxes. A normal part of the assessment process is the issue of supplementary assessment rolls which provide updated information with respect to changes in property assessment. Once a supplementary assessment roll is received, the Municipality determines the taxes applicable and renders supplementary tax billings. Assessments and the related property taxes are subject to appeal. Tax adjustments as a result of appeal are recorded when the result of the appeal process is known or based on management's best estimate. The property taxes receivable, tax revenue and accounts payable and accrued liabilities of the Municipality are subject to measurement uncertainty as a significant number of appeals submitted by ratepayers have yet to be heard. The taxes receivable balance, including penalties and interest, are net of an allowance for doubtful accounts of $ 920,000 ($ 920,000 - 2019) Taxation revenue reported on the Consolidated Statement of Operations and Accumulated Surplus is made up of the following: (in thousands of dollars) 2020 2019 $$ Residential and farm taxation 116,453 109,644 Commercial, industrial and business taxation and supplemental taxes 87,500 86,970 Taxation from other governments 14,044 12,441 217,997 209,055 Payments to Region and School Boards 138,104 130,753 Net Property Taxes and Payments-in-Lieu Available for Municipal Purposes 79,893 78,302 15DRAFT Page 19 of 53 Page 98 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 6. Long-Term Receivables Included in long-term receivables are amounts totaling $ 851,549, which are unsecured with, varying terms of repayment and bearing interest at nil. In addition, amounts totaling $ 33,405 and $ 29,350 are unsecured, repayable by January 1, 2026 and December 31, 2022 and bearing interest at 6% and 3% respectively. 16DRAFT Page 20 of 53 Page 99 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 7. Investment in Niagara Falls Hydro Holding Corporation (in thousands of dollars) 2020 2019 $$ Statement of Financial Position Current assets 46,400 58,635 Capital assets 212,818 203,361 Other assets 36,888 37,429 Regulatory assets 12,212 8,489 Total Assets 308,318 307,914 Current liabilities 31,674 37,596 Other liabilities 63,879 61,136 Long-term debt 82,107 82,835 Non-controlling interest - see below 28,948 28,162 Regulatory liabilities 6,930 4,971 Total Liabilities and Other 213,538 214,700 Net Assets 94,780 93,214 Statement of Comprehensive Income Revenue 211,362 187,287 Operating expenses 209,853 185,170 Net income before regulatory accounting change 1,509 2,117 Regulatory debit accounting change under CGAAP 1,763 234 Net income before non-controlling interest 3,272 2,351 Non-controlling interest - see below 1,036 717 Net Comprehensive Income 2,236 1,634 The investment in NFHHC is represented by 2,000 common shares of the company. On January 1, 2008, Niagara Falls Hydro Inc. acquired Peninsula West Utilities Limited by way of amalgamation pursuant to a Merger Agreement dated December 19, 2007 and continued on as Niagara Peninsula Energy Inc. ("NPEI"). Niagara Falls Hydro Holding Corporation received 74.5% of the issued and outstanding common shares of NPEI. On October 14, 2016, NFHHC acquired an additional 1,500 shares of Niagara Regional Broadband Network resulting in an increase in ownership from 56.25% to 75% for $ 6,750,000. 17DRAFT Page 21 of 53 Page 100 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 7.Investment in Niagara Falls Hydro Holding Corporation - continued On July 12, 2018, NFHHC acquired 750 shares, representing 75% of the total share capital of Spark Enterprises Inc. for $ 7.50. This acquisition has been written off due to the uncertainty of the performance of Spark Enterprises Inc. On July 12, 2018, NFHHC became a member of the not-for-profit organization Spark Innovation Educational Center Inc. 8. Credit Facilities The Municipality has an authorized operating loan due on demand of $ 21,000,000 ("Facility #1") bearing interest at prime less 0.5% to assist with general operating requirements and to finance current expenditures, a credit facility of $ 2,000,000 ("Facility #2") related to commercial cards &/or Scotia VISA business cards whose availment and interest rate are per cardholder agreement, and an authorized revolving term loan due on demand of $ 1,000,000 ("Facility #3") bearing interest at prime less 0.25% to assist in financing the Community Improvement Program. As at December 31, 2020, nil has been drawn on Facilities #1 and #3 and $ 172,861 ($ 218,293 - 2019) has been drawn on Facility #2 which has been included in accounts payable and accrued liabilities. All credit facilities are secured by a borrowing by- law/resolution(s) containing a pledge of revenue and a general security agreement. 9. Contingent Liabilities Legal As at December 31, 2020, the Municipality has known legal claims outstanding of approximately $ 8,100,000. It is management's assertion that adequate defences and insurance coverages are in effect for the settlement of these claims, if necessary. Subsequent to year-end, certain other claims that were outstanding as at December 31, 2020 were settled for a total of $ 339,559. No provision for claims unsettled and settled have been included in these consolidated financial statements. The Municipalities maximum insurance coverage per claim is $ 20,000,000. Niagara Convention & Civic Centre Inc. ("Niagara Falls Convention Centre") The Municipality must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period of twenty-five years from the date of completion of the Niagara Falls Convention Centre, that being April 2011, the Municipality proposes to sell, lease, encumber or otherwise dispose directly or indirectly, of any part of the Niagara Falls Convention Centre. The Municipality is contingently liable for a proportionate amount of funds in the amount of $ 70,000,000 contributed equally by the Government of Canada and the Province of Ontario. The contingent liability is reduced 4% per annum up to twenty-five years after the date of completion. 18DRAFT Page 22 of 53 Page 101 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 9.Contingent Liabilities - continued Visitor Transportation System ("WEGO") The Municipality must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period of twenty-five years from the date of completion for fixed assets and ten years for non-fixed assets of the WEGO system, the Municipality proposes to sell, lease, encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly, of any part of the fixed or non-fixed assets purchased, constructed, rehabilitated or improved. The Municipality is contingently liable for a proportionate amount of $ 50,000,000 contributed equally in total by the Government of Canada and the Province of Ontario. For fixed assets, the contingent liability is reduced 4% per annum up to twenty-five years after the date of completion, that being April, 2015. For non-fixed assets, the contingent liability is reduced by 10% per annum up to ten years after the date of completion, that being August, 2012. Capital Grants With respect to Capital Grants received during the year, the Municipality must notify the Government of Canada and the Province of Ontario in writing, if at any time during a period as specified in the agreements, the Municipality proposes to sell, lease, encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly, of any part of the fixed or non-fixed assets purchased, constructed, rehabilitated or improved. The amounts the Municipality is contingently liable for are based on a proportionate amount of the funding received. The contingent liability is reduced based on the passage of time as specified in the agreements. The amount of such Capital Grants awarded in the current year is $ 25,416,942. Niagara Falls Hydro Holding Corporation The Municipality has guaranteed an overall non-revolving line of credit of Niagara Falls Hydro Holding Company ("NFHHC") in the amount of $ 24,750,000 which bears interest at the bank's prime lending rate, payable interest only, monthly and is due January 31, 2022. As at December 31, 2020, the line of credit outstanding is $ 5,000,000 ($ 10,750,000 - 2019) and is secured by a general security agreement over all the assets of NFHHC. NFHHC has arranged for a standby letter of credit of $ 12,000,000 (2019 - $ 12,000,000) of which $ 11,910,187 (2019 - $ 11,910,187) has been drawn down. The Independent Electricity System Operator is the beneficiary for $ 11,910,187 (2019 - $ 11,910,187). This is to provide a prudential letter of credit supporting the purchase of electrical power. 19DRAFT Page 23 of 53 Page 102 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 10. Deferred Revenue - Obligatory Reserve Funds A requirement of PSAB is that obligatory reserve funds be reported as deferred revenue. These reserve funds are considered obligatory as Provincial legislation restricts how these funds may be used and, under certain circumstances, when these funds will be refunded. In the case of development charges, revenue recognition occurs after the funds have been collected and when the Municipality has approved the expenditures and used the funds for the capital project for which development charges were raised. These funds have been set aside, as required by the Development Charges Act, to support the cost of growth related to capital projects associated with new development. The deferred revenues are made up of the following: (in thousands of dollars) Externally restricted Revenue 2019 inflows earned 2020 $ $ $ $ 2% Parkland dedication 1,546 66 1,612 Public purpose 2,121 652 2,773 Federal gas tax rebate 17,053 3,001 (5,554)14,500 Provincial gas tax rebate - transit 1,350 1,556 (783)2,123 Discounted development charges 6,191 1,058 (162)7,087 Non-discounted development charges 18,995 3,746 (6,082)16,659 Ontario Community Infrastructure Fund 3,566 (1,222)2,344 47,256 13,645 (13,803)47,098 11. Deferred Revenue Deferred revenue includes $ 4,769,167 related to a thirty year lease for space agreement between the Municipality and Metrolinx as part of the WEGO bus program. The Municipality must notify Metrolinx in writing, if at any time during a period of thirty years from the date of completion for the WEGO bus storage and maintenance facility, the Municipality proposes to sell, lease, encumber or use assets in a manner other than described in the agreement or otherwise dispose directly or indirectly, of any part of the facility constructed, rehabilitated or improved. The Municipality is liable to repay a proportionate amount of $ 5,900,000 contributed by Metrolinx. The liability is reduced 3.33% per annum up to thirty years after the date of completion, that being April, 2015. Alternatively, Metrolinx has the first right of refusal to purchase the facility at an agreed upon amount. 20DRAFT Page 24 of 53 Page 103 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 12. Post-Employment Benefits (in thousands of dollars) 2020 2019 $$ Post-employment benefits 14,963 15,819 Long-term disability 412 326 Accumulated sick leave 3,700 3,556 WSIB - Schedule II future liability 9,133 8,818 Vacation pay 1,152 1,230 29,360 29,749 Post-Employment Benefits The Municipality pays certain medical, dental and life insurance benefits on behalf of its retired employees. The Municipality recognizes these post-retirement costs in the period in which the employees render the services. As a result of actuarial valuations on post-employment benefits, it was determined that an actuarial gain of $ 8,113,437 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 4,659,363. The actual obligation is $ 10,303,377. As a result of actuarial valuations on long-term disability benefits, it was determined that an actuarial loss of $ 564,935 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 68,523. The actual obligation is $ 480,972. The liabilities for post-employment benefits as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 3.50% (3.50% - 2019) and an inflation rate of 1.75% (1.75% - 2019). Accumulated Sick Leave The Municipality previously allowed for the accumulation of sick days for certain groups of employees hired after specified dates up to an allowable maximum provided in their employment agreements. Accumulated credits could have been used in future years to the extent that the duration of the employee's illness or injury exceeded the current year's allocation of credits. The use of accumulated sick days for sick leave compensation ceases on termination of employment. Effective December 31, 2015, the accumulated sick leave plans that previously existed are no longer available to CUPE employees and replaced by a new non-accumulating sick leave plan. The changes to the Municipality's accumulated sick leave plan resulted in a one-time decrease to the Municipality's obligation of $ 1,821,663 and a corresponding curtailment gain was reported in the Consolidated Statements of Operations and Accumulated Surplus as at December 31, 2015. 21DRAFT Page 25 of 53 Page 104 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 12. Post-Employment Benefits - continued Accumulated Sick Leave - continued As a result of actuarial valuations on the accumulated sick leave liability, it was determined that an actuarial loss of $ 2,059,109 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 760,189. The actual obligation is $ 4,460,426. A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2020 is $ 1,464,938 ($ 1,432,243 - 2019) - see note 14. The liabilities for accumulated sick leave as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 3.50% (3.50% - 2019) and an inflation rate of 1.75% (1.75% - 2019). Workplace Safety and Insurance Board - Schedule II Future Liability The Municipality has elected to be treated as a Schedule II employer and as such, is required to remit payments to the Workplace Safety and Insurance Board ("WSIB") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 3.50% (3.50% - 2019) and an inflation rate of 1.75% (1.75% - 2019). As a result of an actuarial valuation on the WSIB - Schedule II liability, it was determined that an actuarial loss of $ 5,413,419 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 1,243,065. The actual obligation is $ 10,376,188. A reserve fund has been established for this liability. The balance as at December 31, 2020 is $ 1,389,499 ($ 1,359,762 - 2019) - see note 14. The next valuation for all benefit groups is for the year ending December 31, 2022. Vacation Pay As a result of an actuarial valuation on the accumulated vacation pay liability, it was determined that an actuarial gain of $ 807,616 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 227,025. The actual obligation is $ 924,562. Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System ("OMERS"), which is a multi-employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The Administration Corporation Board of Directors, representing plan members and employers, is responsible for overseeing the management of the pension plan, including investment of the assets and administration of the benefits. OMERS provides pension services to over 500,000 active and retired members and approximately 1,000 employers. 22DRAFT Page 26 of 53 Page 105 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 12. Post-Employment Benefits - continued Pension Agreements - continued Each year an independent actuary determines the funding status of OMERS Primary Pension Plan ("the Plan") by comparing the actuarial value of invested assets to the estimated present value of all pension benefits that members have earned to date. On December 31, 2020, the estimated accrued pension obligation for all members of the Plan was $ 111,820 million ($ 106,443 million - 2019). The Plan had an actuarial value of net assets at that date of $ 108,609 million ($ 103,046 million - 2019) indicating an actuarial deficit of $ 7,655 million ($ 3,397 million - 2019). The Plan is a multi-employer plan, any pension plan surpluses or deficits are a joint responsibility of Ontario municipal organizations and their employees. As a result, the Municipality does not recognize any share of the OMERS pension surplus or deficit. The amount contributed to OMERS for 2020 was $ 5,150,831 ($ 5,116,455 - 2019) for current services and is included as an expense on the Consolidated Statement of Operations and Accumulated Surplus. On January 1, 2020, the yearly maximum pension earnings increased to $ 58,700 from $ 57,400 in 2019. The contributions are calculated at a rate of 9% (9% - 2019) for amounts up to the yearly maximum pension earnings stated above and at a rate of 14.6% (14.6% - 2019) for amounts above the yearly maximum pension earnings. 13. Net Long-Term Liabilities (a) The balance of net long-term liabilities reported on the Consolidated Statement of Financial Position is made up as follows: (in thousands of dollars) 2020 2019 $$ Total long-term liabilities incurred by the Municipality including those incurred on behalf of other municipalities and municipal enterprises bearing interest at annual rates ranging from 1.3% to 5.35% and outstanding during the year is 53,037 48,522 (b) Of the net long-term liabilities reported in (a) of this note, principal payments are due as follows: $ 2021 3,862,006 2022 3,545,665 2023 3,482,913 2024 3,425,340 2025 3,538,552 Thereafter 35,182,602 23DRAFT Page 27 of 53 Page 106 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 13.Net Long-Term Liabilities - continued (c) The net long-term liabilities in (a) issued in the name of the municipality have been approved by by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) Interest charges of $ 2,080,233 ($ 2,153,792 - 2019) are included on the Consolidated Statement of Operations and Accumulated Surplus, classified under the appropriate functional expense heading. 14.Accumulated Surplus (in thousands of dollars) 2020 2019 $$ Invested in tangible capital assets 796,516 771,350 Capital fund 24,740 24,339 Operating fund 9,241 10,003 Reserves and reserve funds 85,113 97,199 Niagara Falls Hydro Holding Corporation net equity 94,780 93,214 1,010,390 996,105 Amount to be recovered - post-employment benefits (29,360)(29,749) Amount to be recovered - net long-term liabilities (53,037)(48,522) (82,397) (78,271) 927,993 917,834 24DRAFT Page 28 of 53 Page 107 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 14.Accumulated Surplus - continued (a) Operating fund balance (in thousands of dollars) 2020 2019 $$ For general reduction of taxation 314 299 For general reduction of user charges respecting waterworks 683 1,003 For general reduction of user charges respecting wastewater 338 1,045 For general use by the parking fund 40 40 For general use by the Library Board 742 130 For general use by the Business Improvement Areas and Convention Centre 6,854 7,219 For general use by the Airport Commission 270 267 9,241 10,003 (b) Reserves and reserve fund balances (in thousands of dollars) 2020 2019 $$ Reserves set aside by Council for specific purposes: Working funds 265 265 Operating special purposes: General 12,443 13,458 Water 1,648 1,648 Wastewater 6,320 6,429 Capital special purposes: General 9,393 22,962 Water 5,165 5,225 Wastewater 2,066 3,722 Total Reserves 37,300 53,709 25DRAFT Page 29 of 53 Page 108 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 14.Accumulated Surplus - continued (b) Reserves and reserve fund balances - continued (in thousands of dollars) 2020 2019 $$ Reserve Funds set aside by council for specific purposes: Branscombe Family Grant 4 4 Capital/Operations - see note 16 7,508 7,444 Coat of Arm's 3 3 Drainage 778 760 Expansion and renewal 285 279 FMC/Visitor Transportation System 4,026 3,985 Future municipal works 761 744 Hospital - note 16 22,895 22,514 Kalar Park turf debenture surplus 5 Library funds 1,309 1,352 Licence agreements - 40 years 2 2 Lot drainage 200 196 Lundy's Lane business improvement purposes 117 117 Lundy's Lane Museum 5 5 Niagara Tunnel Community Improvement 130 120 Ontario Lottery and Gaming 3,770 OMCC Grant 380 373 Parking 77 149 Prepaid works projects contributions 250 244 Projects - special needs children 19 18 Recreation trail development 89 87 Sanitary 486 476 Sewer and water impost 1,622 1,585 Sick leave liability - note 12 1,465 1,432 Sidewalk construction 39 38 Sports fund 6 6 Tree planting - developers 80 78 Water patrol boat 15 14 Willoughby museum 102 100 WSIB - Schedule II - note 12 1,390 1,360 Total Reserve Funds 47,813 43,490 Total Reserves and Reserve Funds 85,113 97,199 26DRAFT Page 30 of 53 Page 109 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 14.Accumulated Surplus - continued (c) Niagara Falls Hydro Holding Corporation net equity (in thousands of dollars) 2020 2019 $$ Balance, beginning of year 93,214 114,251 Net income 2,236 1,634 Note payable repayment (22,000) Dividends - non-controlling interest (670)(671) Balance, end of year 94,780 93,214 15. Trust Funds Trust funds administered by the Municipality amounting to $ 4,511,950 ($ 4,309,963 - 2019) have not been included in the Consolidated Statement of Financial Position nor have their operations been included in the Consolidated Statement of Operations and Accumulated Surplus. 16. Contractual Obligations and Commitments Capital Expenditures The estimated future capital expenditures based on projects in progress at December 31, 2020 is approximately $ 81,816,111 ($ 64,448,023 - 2019) after deducting the expenditures incurred as at December 31, 2020. These projects will be financed by grants, subsidies, obligatory reserve funds, transfer from operations, reserves and reserve funds and net long- term liabilities in future years. International Railway Bridge The Municipality, as a condition of the purchase of the CN/CP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by December 2026. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN/CP prior to December 2026. The Municipality has set aside a reserve fund (Capital/Operations - see note 14b) amount of $ 4,000,000 increasing each year by the amount of the Consumer Price Index for this purpose. In addition, the Municipality is committed to reimburse CN/CP the lesser of the actual maintenance costs incurred on the International Railway Bridge or $ 100,000 on an annual basis until December 2026. 27DRAFT Page 31 of 53 Page 110 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 16.Contractual Obligations and Commitments - continued South Niagara Site Hospital The South Niagara Site Hospital (the "Project") construction budget estimate is approximately $ 1 billion. The Province is expected to fund the majority of the Project. Six southern tier local area municipalities, namely Niagara Falls, Fort Erie, Pelham, Port Colborne, Wainfleet and Welland, are requested to contribute approximately $ 40 million to $ 50 million toward the total local share contribution of $ 200 million to $ 230 million. At this time, it is uncertain how the total local share contribution will be allocated between the six southern tier municipalities. Past construction budget discussions related to the Project resulted in an estimated amount of $ 22 million to be contributed by the Municipality. Subsequent to year end, Niagara Health has updated their local share commitment request to $ 30 million to $ 32 million. A reserve fund has been established for this estimated contribution. The balance as at December 31, 2020 is $ 22,895,141 (($ 22,513,595 - 2019) - see note 14b). 17. Subsequent Event Subsequent to year end, the Municipality entered into a Municipal Transfer Agreement with the Regional Municipality of Niagara, the Corporation of the City of St. Catharines, the St. Catharines Transit Commission, the Corporation of the City of Welland and the Niagara Transit Commission to transfer the assets and liabilities of the transit operations to the Niagara Transit Commission with an effective date of January 1, 2023. All transit operations will be performed by the Niagara Transit Commission as of January 1, 2023. 18.Statement of Cash Flows Changes in cash components include: (in thousands of dollars) 2020 2019 $$ Change in investments (83,276)(8,438) Change in taxes receivable (9,568)(35) Change in accounts receivable 13,700 (5,569) Change in user fees 247 (637) Change in long-term receivables 128 450 Change in inventories and prepaid expenses (382)(187) Change in accounts payable and accrued liabilities 694 2,529 Change in deferred revenue - obligatory reserve funds (158)3,732 Change in deferred revenue 675 212 Change in other liabilities 2,816 1,905 Change in post-employment benefits (389)(2,512) (75,513)(8,550) 28DRAFT Page 32 of 53 Page 111 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 19. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: (in thousands of dollars) 2020 2019 $$ Niagara District Airport Commission 285 283 The Municipality's share of the net assets of the Niagara District Airport Commission is approximately 36%. 20. Segmented Reporting The Municipality is a lower tier municipal government that provides a wide range of services to its citizens. Segmented information has been identified based on functional classification as categorized by the Financial Information Return. These classifications are as follows: General Government The mandate of this functional area is to provide political governance, administrative executive management and those expenses and revenues which are corporate in nature and cannot be easily apportioned to other departments. Reported in this functional area are departments such as Council, Clerks, CAO, Finance, Human Resources, Legal, and Information Systems. Protection Reported in this functional area are Fire, Policing for the Casino Districts and Building Services. The mandate of Fire Services is to provide emergency services through a range of services to protect the lives and property of the inhabitants of the Municipality. The Municipality has an arrangement with the Regional Municipality of Niagara Police Services Board that requires the Municipality to pay for its share of policing costs related to the casino districts. The mandate of Building Services is to inform and assist customers to ensure safe and orderly development and provide efficient delivery of building approvals, inspections and management systems. Transportation Reported in this functional area are Roads, Parking and Transit Services. The mandate for Roads is to provide quality road and traffic maintenance and operations to the residents and businesses of the Municipality. This area is also responsible for winter control. The Parking system provides public parking opportunities and enforcement regulations throughout the Municipality. The mandate of Transit is to provide a safe, reliable, convenient and efficient public transportation system within the urban area. Environment Reported in this functional area are Sanitary, Storm and Water Systems. The mandate is to provide a safe and reliable water resource system and is responsible for the maintenance and operation of the systems and monitoring and administering environmental programs. 29DRAFT Page 33 of 53 Page 112 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 20.Segmented Reporting - continued Health and Social and Family Services Reported in this area is Cemetery Services and the Older Adult (60 Plus) Recreation Centre (the "Centre"). The mandate of Cemetery Services is to ensure the benefit and protection of each citizen who has purchased or has an interest in internment rights within each cemetery. The mission of the Centre is to enhance the quality of life and well-being of those 60 and over in the Municipality. It strives to contribute to the social, educational and recreational needs by offering programs and services in a safe and comfortable environment. Recreation and Culture Reported in this functional area are Parks, Recreation and Culture. The Parks division is responsible for the maintenance, improvement and beautification of various parks as well as the planning and construction of new parkland and open space. The Recreation and Culture department is responsible for the delivery of various related programs and the provision of facilities as well as the support of groups and organizations throughout the Municipality. Planning and Development The Planning department creates the policy framework and implementation tools required to shape the future of the Municipality. The Development division is responsible for ensuring that the Municipality's land development standards are achieved on all development applications. For each reported segment, revenue and expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements. See note 21 for a discussion on the budgeted figures provided. 21.Budget Figures The consolidated operating budget for the year ended 2020 includes the budgets approved by the Municipality, several boards and municipal enterprises and is reflected on the Consolidated Statement of Operations and Accumulated Surplus. These numbers have not been audited but are presented for information purposes only. The budgets established for capital funds, reserves and reserve funds are on a project-oriented basis, the costs of which may be carried out over one or more years. As such, they are not directly comparable with current year actual amounts and have not been reflected. Budget figures have been reclassified to comply with PSAB reporting requirements. 30DRAFT Page 34 of 53 Page 113 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 21.Budget Figures - continued The chart below reconciles the approved budget figures reported on the Consolidated Statement of Operations and Accumulated Surplus. (in thousands of dollars) Budget $ Approved Operating Surplus - Add: Library operating surplus (before capital, debt and transfers to reserves)308 Niagara Civic and Convention Centre operating surplus 1,333 Net transfers to reserves 22,936 Principal repayment of long-term liabilities 3,885 Surplus Reported on the Consolidated Statement of Operations and Accumulated Surplus 28,462 22. Impact of COVID-19 Pandemic The COVID-19 pandemic continues to result in governments worldwide, including the Canadian, Ontario and municipal governments, enacting emergency measures to combat the spread of the virus. These measures, which include the implementation of travel bans, self- imposed quarantine periods and social distancing, have caused material disruption to businesses globally and in Ontario resulting in an economic slowdown. Governments and central banks have reacted with significant monetary and fiscal interventions designed to stabilize economic conditions however the success of these interventions is not currently determinable. The City declared a state of emergency under the Emergency Management Act Ontario, on April 3, 2020. The declaration of a state of emergency provides the Mayor with the ability to take action and make orders, as necessary, to protect the health, safety and welfare of residents. Throughout 2020, the City took extraordinary measures to support its residents through various financial relief measures such as waiving fines and penalties on overdue balances and waiving parking fees in City owned parking lots. The City continues to monitor the advice and recommendations from public health and the Province of Ontario. During the year, the City received $ 4,371,400 (Ministry of Minicipal Affairs and Housing) and $ 1,939,258 (Ministry of Transportation) under the Province of Ontario’s Safe Restart funding initiative to support operating and transit pressures faced as a result of the COVID- 19 pandemic. 31DRAFT Page 35 of 53 Page 114 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2020 22.Impact of COVID-19 Pandemic- continued The ultimate duration and magnitude of the COVID-19 pandemic's impact on the Municipality's operations and financial position is not known at this time. These impacts could include a decline in future cash flows and changes to the value of assets and liabilities. In order to mitigate risk, the Municipality continues to actively monitor and assess the impact on its operating activities and services. 32DRAFT Page 36 of 53 Page 115 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIOSCHEDULE OF SEGMENTED REPORTINGfor the year ended December 31, 2020(In thousands of dollars)GeneralGovernment2020Budget $GeneralGovernment2020Actual $GeneralGovernment2019Actual $Protection2020Budget $Protection2020Actual $Protection2019Actual $Transportation2020Budget $Transportation2020Actual $Transportation2019Actual $Environment2020Budget $Environment2020Actual $Environment2019Actual $RevenueTaxation77,67578,75676,024---------User fees and charges 3562943511291812133,3631,5723,63445,32942,53244,098Government grants7053,9134,505-845143,3606,7805,573-1,2114,450Other 33,16810,52335,2641,8281,9313,0444,35610,17817,2203046,2927,579Government business enterprise-2,2361,634---------Loss on disposal of tangible capitalassets-(33)(5)--(19)-(161)(281)-(167)(133)111,90495,689117,7731,9572,9573,25211,07918,36926,14645,63349,86855,994ExpendituresSalaries and wages12,39611,07610,29821,99122,74120,44821,95618,92719,3604,7234,4014,190Operating materials and supplies6,0628,2708,0031,7488731,6708,4437,43810,9111,4741,3411,595Contracted services1,4632,1022,0604,9962,1015,0715,1815,5917,27229,47727,56024,599Rents and financial expenses119101136210340212367635654314243268Interfunctional transfer(4,583)(5,619)(4,652)1,1851,4361,3312,2372,7252,249499649455External transfer3,8601,4244,677-9-------Amortization-1,0991,113-1,071982-11,72911,269-8,4278,142Debt service85853822223919192428028131619,40218,53821,67330,15228,59329,75338,20347,06451,73936,76742,90239,565Annual Surplus (Deficit)92,50277,15196,100(28,195)(25,636)(26,501)(27,124)(28,695)(25,593)8,8666,96616,429See accompanying notes33DRAFTPage 37 of 53 Page 116 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIOSCHEDULE OF SEGMENTED REPORTINGfor the year ended December 31, 2020(In thousands of dollars)Health/Social2020Budget $Health/Social2020Actual $Health/Social2019Actual $Recreation/Culture2020Budget $Recreation/Culture2020Actual $Recreation/Culture2019Actual $Planning/Development2020Budget $Planning/Development2020Actual $Planning/Development2019Actual $Total2020Budget $Total2020Actual $Total2019Actual $RevenueTaxation------1,1371,1372,27878,81279,89378,302User fees and charges 5775356506,4132,7417,96449255454056,65948,40957,450Government grants4359692242,4271,0399189906775,25016,22516,327Other 4495645812,4662,4542,946152288442,58632,17066,718Government business enterprise----------2,2361,634Loss on disposal of tangible capitalassets-(50)(1)--(93)-(2)--(413)(532)1,0691,1081,2999,1037,62211,8562,5622,9073,579183,307178,520219,899ExpendituresSalaries and wages1,8401,5231,6599,9408,3289,0042,0592,0481,91874,90569,04466,877Operating materials and supplies345865038,5035,6608,68228328914926,85823,95731,513Contracted services6125646251,1221,1441,45258066041143,43139,72241,490Rents and financial expenses4276482942622971371491761,4831,8061,791Interfunctional transfer184252188462537413162016---External transfer505050--2502,2142,0872,9796,1243,5707,956Amortization-174151-5,6495,629-3344-28,18227,330Debt service---1,6381,6731,736---2,0442,0802,1533,0732,7253,22421,95923,25327,4635,2895,2865,693154,845168,361179,110Annual Surplus (Deficit)(2,004)(1,617)(1,925)(12,856)(15,631)(15,607)(2,727)(2,379)(2,114)28,46210,15940,789See accompanying notes34DRAFTPage 38 of 53 Page 117 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIOSCHEDULES OF TANGIBLE CAPITAL ASSETSfor the year ended December 31, 2020(In thousands of dollars)CostAccumulated AmortizationBalance,Balance, Balance, Balance, NetBeginning of End of Beginning ofEnd of BookYear Additions Disposals Year Year Amortization Disposals Year Value$$$$$$$$$2020GeneralLand24,7839633325,71325,713Land improvements34,7483,57721238,11311,3981,47221212,65825,455Buildings185,86475077186,53742,1303,9621246,080140,457Furniture and equipment41,1282,09648542,73922,7593,91948126,19716,542Vehicles67,4966,2041,83171,86942,5105,0461,81145,74526,124Leasehold Improvements524524432669455354,543 13,590 2,638 365,495 118,840 14,425 2,516 130,749 234,746Infrastructure Environmental476,8474,793207481,433178,8656,290133185,022296,411Roads247,0796,105650252,534 119,3225,494526124,290128,244Water137,53610,133285147,38450,6811,97319252,46294,922861,462 21,031 1,142 881,351 348,868 13,757 851 361,774 519,577Work in Progress23,05325,2506,11042,19342,1931,239,058 59,871 9,890 1,289,039 467,708 28,182 3,367 492,523 796,516See accompanying notes35DRAFTPage 39 of 53 Page 118 of 440 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIOSCHEDULES OF TANGIBLE CAPITAL ASSETSfor the year ended December 31, 2020(In thousands of dollars)CostAccumulated AmortizationBalance,Balance, Balance, Balance, NetBeginning of End of Beginning ofEnd of BookYear Additions Disposals Year Year Amortization Disposals Year Value$$$$$$$$$2019GeneralLand24,78324,78324,783Land improvements30,8794,20233334,74810,2111,52033311,39823,350Buildings181,2704,705111185,86438,2393,9162542,130143,734Furniture and equipment38,4223,66796141,12819,9393,72990922,75918,369Vehicles62,9996,2101,71367,49639,3984,7471,63542,51024,986Leasehold Improvements49232524182543481338,845 18,816 3,118 354,543 107,805 13,937 2,902 118,840 235,703InfrastructureEnvironmental467,0049,964121476,847172,8066,14384178,865297,982Roads234,56213,8641,347247,079 114,9935,4881,159119,322127,757Water130,6747,168306137,53649,1341,76221550,68186,855832,240 30,996 1,774 861,462 336,933 13,393 1,458 348,868 512,594Work in Progress28,1042,6907,74123,05323,0531,199,189 52,502 12,633 1,239,058 444,738 27,330 4,360 467,708 771,350See accompanying notes36DRAFTPage 40 of 53 Page 119 of 440 February 7, 2023 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Members of Council: We have been engaged to audit the consolidated financial statements of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2020. The purpose of this letter is to communicate with you regarding all relationships between the Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence. The following comments have been prepared to facilitate our discussion with you regarding independence matters. We hereby confirm that we: •Have complied with the requirements regarding independence in the Chartered Professional Accountants of Ontario's CPA Code of Professional Conduct; and •Have disclosed all relationships and other matters between the firm, network firm and the Municipality that in our opinion may reasonably be thought to bear on independence. We are not aware of any relationships between the Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence, that have occurred from January 1, 2020 to February 7, 2023: This report is intended solely for the use of the Members of Council, management and others within the Municipality and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 41 of 53 Page 120 of 440 October 27, 2021 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Members of Council: The following is the communication prior to the completion of the audit of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2020 required under Canadian Auditing Standard 260 of the CPA Canada Handbook. Auditors' Responsibilities under Canadian Auditing Standards and Planning the Audit The December 31, 2020 consolidated financial statements are covered by the auditors' report. The preparation of these consolidated financial statements and the accompanying notes are the responsibility of management. Our responsibility is to express our opinion on these consolidated financial statements based on our audit. An audit is performed to obtain reasonable but not absolute assurance as to whether the consolidated financial statements are free of material misstatement. The audit includes assessing the risk that the consolidated financial statements contain material misstatements, examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements, assessing the accounting principles used and their application and assessing the significant estimates made by management. It is management's responsibility to ensure that the internal control systems are capable of producing accurate and timely financial information. In making our risk assessments, we consider internal controls relevant to the Municipality's preparation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. We will communicate with you in writing concerning any significant deficiencies in internal controls relevant to the audit of the consolidated financial statements that we have identified during the audit. Page 42 of 53 Page 121 of 440 Audit and Non-Audit Services The following are the audit and non-audit services that we are providing to the Municipality and its related entities: We will audit and report on the consolidated statement of financial position of the Municipality as at December 31, 2020, and the consolidated statements of operations and accumulated surplus, cash flows and change in net financial assets for the year then ended. The estimated audit fee for the fiscal year ended December 31, 2019 will be $ 45,900. Additional services in the amount of $ 4,100 will also be charged. In addition, we will perform the following services to the Municipality: •We will assist in the preparation of the Financial Information Return and the audited consolidated financial statements of the Municipality. •We will audit and report on the statement of financial position of the Niagara Falls Public Library Board as at December 31, 2020 and the statements of operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. The standard audit fee for the fiscal year ended December 31, 2019 was $ 7,950. Additional services in the amount of $ 5,150 were also charged. •We will audit and report on the statement of financial position of the six City of Niagara Falls Business Improvement Areas as at December 31, 2020 and the statements of operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. The standard audit fees for the fiscal year ended December 31, 2019 in total were $ 16,720. Additional services in the amount of $ 7,380 were also charged. •We will audit and report on the statement of financial position of the Niagara Falls Convention and Civic Centre Inc. as at December 31, 2020 and the statements of operations, changes in net assets and cash flows for the year then ended. The standard audit fee for the fiscal year ended December 31, 2019 was $ 17,700. Additional services in the amount of $ 2,700 were also charged •We will consolidate the audited financial statements of Niagara Falls Hydro Holding Corporation as at December 31, 2020 on a modified equity basis. The financial statements of Niagara Falls Hydro Holding Corporation will be audited and reported on by KPMG LLP. We will be placing reliance on these audited financial statements. •We will issue a management letter for the Municipality and the Public Library Board, each Business Improvement Area for the year ended December 31, 2020. •We will review the material required to be published under Section 83(3) of the Municipal Act. Page 43 of 53 Page 122 of 440 Audit Approach The following is a summary of the audit approach of Corporation of the City of Niagara Falls, Ontario for the year ended December 31, 2020. This list is not meant to be all inclusive, nor in any way to restrict the communication of other matters. General approach to the audit: Our audit approach for the Corporation of the City of Niagara Falls, Ontario is customized and modified as necessary to ensure that all aspects of the engagement are covered effectively. Our engagement can be divided into the following major segments: Segment One - Planning: We prepare a detailed audit planning guide, which among other things includes a review of the prior years working papers, management letters, correspondence, etc. to ensure that all matters documented for follow-up in the previous audit are addressed in the current year. Segment Two - Year-end Substantive Procedures: Year-end substantive procedures are essentially the verification of various consolidated financial statement balances. The time required and the extent of these procedures are based largely on the results of our audit plan and supporting working papers available to the audit team. In most cases certain substantive procedures may be performed satisfactorily in conjunction with the client's preparation of related working papers. We will request written representations from your lawyers as part of the engagement if lawsuits are outstanding. As part of our audit, a letter of representation is requested from management. This will confirm that management is cognizant of their responsibility to disclose issues that may be material to financial statement presentation Areas of the financial statements as having a high risk of material misstatement: Areas of audit have been assigned a risk rating from low to medium. We do not feel that they warrant further discussion at this time. Materiality and audit risk levels on which the audit is based: An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements. Therefore, our audit will involve judgement about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance whether the consolidated financial statements are free from material misstatement. However, because of the concept of reasonable assurance and because we will not perform an examination of all transactions, there is a risk that material errors, irregularities, or wilful or accidental violations of law and regulations including fraud or misappropriation, may exist and not be detected by us. We will advise you however, of any matters of that nature that come to our attention. For purposes of our audit, we have established a preliminary materiality figure of $ 3,400,000. How matters requested by the Members of Council during the planning process affected the planned nature and scope of the audit, including any extensions of its scope requested by the Members of Council or management: We have not received any requests from the Members of Council to extend the scope of our audit work. Please feel free to bring any additional areas of concern to our attention. Page 44 of 53 Page 123 of 440 Use of specialists: Reliance will be placed on the actuarial reports for Post-Employment Benefits, Accumulated Sick Leave, WSIB Schedule II Future Liability and Vacation Pay Benefits as prepared by Nexus Actuarial Consultants Ltd. These actuarial valuations were updated for the year ended December 31, 2019. The next requirement for updated actuarial valuations is for the year-ending December 31, 2022. Timing of the audit: The timing of our audit engagement is as follows. Audit planning and interim testing will take place over a four week period in November 2021. Final fieldwork will take place over a six week period commencing when staff is ready for us. Scheduled meeting with the Director of Finance to approve the consolidated financial statements and the date of the auditors' report: We will meet with the Director of Finance to discuss the consolidated financial statements and results of our audit, the management letter, and any other issues that need to be addressed. At this point, we will request that the Director approve the audited consolidated financial statements. This will be the date on our auditors' report for which we express our opinion on the audited consolidated financial statements. Engagement Team The engagement team will consist of: Kaitlin Pelletier, Engagement Manager and Christine Morrow, CPA, CA, LPA, Engagement Partner. The engagement manager will be responsible for the day to day provision of professional services and supervision of the review process. The engagement partner holds a Public Accounting License issued by CPA Ontario and is responsible for the engagement and its performance, and for the report that is issued on behalf of the firm. This report is intended solely for the use of management within Corporation of the City of Niagara Falls, Ontario and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 45 of 53 Page 124 of 440 February 7, 2023 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Members of Council: The following is the communication of matters arising from the audit of Corporation of the City of Niagara Falls, Ontario for the year ended December 31, 2020 required under Canadian Auditing Standards 260 and 265 of the CPA Canada Handbook. This list is not meant to be all-inclusive, nor in any way to restrict the communication of other matters. Completion of External Audit The responsibilities of the auditors in relation to the consolidated financial statements is to form and express an opinion on the consolidated financial statements which have been prepared by management with the oversight of those charged with governance. The audit of the consolidated financial statements does not relieve management or those charged with governance of their responsibilities. We have expressed an unqualified opinion as to whether the consolidated financial statements present fairly in accordance with Canadian public sector accounting standards the financial position, results of operations, cash flows and change in net financial assets of the Municipality. The audit was conducted from October 27, 2021 to February 7, 2023. Fraud Auditors' Responsibilities Relating to Fraud in an Audit of Financial Statements, CPA Canada Handbook CAS 240, defines fraud as "an intentional act by one or more individuals among management, employees, those charged with governance, or third parties, involving the use of deception to obtain an unjust or illegal advantage". Although fraud is a broad legal concept, the auditor is concerned with fraudulent acts that cause a material misstatement in the consolidated financial statements. Misstatement of the consolidated financial statements may not be the objective of some frauds, and misappropriation of assets may not necessarily result in a misstatement of the consolidated financial statements. Auditors do not make legal determinations of whether fraud has actually occurred. Fraud involving one or more members of management or those charged with governance is referred to as "management fraud"; fraud involving only employees of the entity is referred to as "employee fraud". In either case, there may be collusion with third parties outside the entity.DRAFTPage 46 of 53 Page 125 of 440 We confirm that there were no findings of fraud to communicate to the Members of Council. Consideration of Laws and Regulations Consideration of Laws and Regulations in an Audit of Financial Statements, CPA Canada Handbook CAS 250 states that the term "non-compliance" means "acts of omission or commission by the entity, either intentional or unintentional, which are contrary to the prevailing laws or regulations. Such acts include transactions entered into by, or in the name of, the entity, or on its behalf, by those charged with governance, management or employees. Non-compliance does not include personal misconduct (unrelated to the business activities of the entity) by those charged with governance, management or employees of the entity." As explained in CPA Canada CAS 250, auditors conducting an audit in accordance with Canadian generally accepted auditing standards must obtain a general understanding of the legal and regulatory framework applicable to the entity and the industry of sector in which the entity operates and how the entity is complying with that framework. To do this the auditors inquire of management, and where appropriate those charged with governance, as to whether the entity is in compliance with such laws and regulations and inspecting correspondence, if any, with the relevant licensing or regulatory authorities. Although the auditors are required to remain alert to the possibility that other audit procedures applied may bring instances of non-compliance or suspected non-compliance with laws and regulations to the auditor's attention, in the absence of identified or suspected non-compliance the auditors are not required to perform audit procedures regarding the entity's compliance with laws and regulations. We confirm that no evidence which indicates non-compliance with laws and regulations was found. Weaknesses in Internal Control Internal Control in the Context of an Audit, CPA Canada Handbook CAS 265, provides the following guidance concerning the communication of significant weaknesses in internal control: CPA Canada Handbook CAS 265.11 In conducting the audit, the auditors would consider only those "internal controls relevant to the preparation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of internal control". An audit is not designed to consider whether internal control is adequate for management's purposes. Consequently, the auditors would only identify weaknesses in internal control that come to the auditors' attention during the financial statement audit. The auditors may not identify all the weaknesses that exist. A weakness in internal control is a deficiency in the design or effective operation of internal control. The identification of weaknesses in internal control is influenced by matters such as the auditors' assessment of materiality, the auditors' preliminary assessment of the components of audit risk and the audit approach used by the auditors. For example, if the auditors use a substantive audit approach for a particular financial statement assertion, they will not perform tests of controls in this area. Therefore the auditors' knowledge of controls in this area will generally be limited. Accordingly, the auditors will not have a detailed knowledge of the control systems that enhance the reliability of data and information and therefore may not identify weaknesses in these control systems.DRAFTPage 47 of 53 Page 126 of 440 A deficiency exists when, a control is designed, implemented or operated in such a way that it is unable to prevent, or detect and correct, misstatements in the consolidated financial statements on a timely basis or a control necessary to prevent, or detect and correct, misstatements in the consolidated financial statements on a timely basis is missing. A significant deficiency exists when a deficiency, or a combination of deficiencies in internal control, is of sufficient importance to merit the attention of those charged with governance in the auditor's professional judgment. The matters being reported are limited to those deficiencies of sufficient merit to be reported to those charged with governance. Please refer to the management letter issued for further details about any deficiencies identified during the audit. Related Party Transactions As explained in Related Parties, CPA Canada Handbook CAS 550, auditors conducting an audit in accordance with generally accepted auditing standards may identify related party transactions which are not in the normal course of operations and which, in the auditors' professional judgement, involve significant judgements by management concerning measurement or disclosure. We confirm that no such transactions requiring the Members of Council to be informed were identified during the audit. We also confirm that the Municipality has adequate controls in place to identify related party transactions. Significant Accounting Principles and Policies The auditors should determine that the Members of Council are informed about: (a) the initial selection of and changes in significant accounting policies, including the adoption of new accounting pronouncements, which encompass the specific principles and their method of application; (b) the effect of significant accounting policies in controversial or emerging areas, or those unique to an industry; (c) the existence of acceptable alternative policies and methods, and the acceptability of the particular policy or method used by management; (d) the extent to which the consolidated financial statements are affected by unusual transactions (including non-recurring amounts recognized during the period) and the extent to which such transactions are separately disclosed in the consolidated financial statements; and (e) the effect of the timing of transactions in relation to the period in which they are recorded. We confirm that there were no changes to significant accounting policies during the year that should be communicated to the Members of Council. Management Judgements and Accounting Estimates The auditors should determine that the Members of Council are informed about: (a) the issues involved, and related judgements made by management, in formulating particularly sensitive accounting estimates and disclosures (for example, disclosures related to going concern, subsequent events and contingency issues); (b) the basis for the auditors' conclusions regarding the reasonableness of the estimates made by management in the context of the consolidated financial statements taken as a whole;DRAFTPage 48 of 53 Page 127 of 440 (c) the risks of material misstatement from estimates; (d) indicators of possible management bias; (e) the factors affecting asset and liability carrying values, including the entity's basis for determining useful lives assigned to tangible and intangible assets; (f) the timing of transactions that affect the recognition of revenues or avoid recognition of expenses; and (g) disclosure of estimation uncertainty in the consolidated financial statements. We confirm that all management judgements and accounting estimates observed during the course of the audit were reasonable and supported by appropriate documentation. Financial Statement Disclosures The auditors should determine that the Members of Council are informed about: (a) the issues involved, and related judgements made, in formulating particularly sensitive financial statement disclosures; (b) the overall neutrality, consistency, and clarity of the disclosures in the consolidated financial statements; (c) the potential effect on the consolidated financial statements of significant risks, exposures and uncertainties (such as pending litigation); and (d) the selective correction of misstatements. We confirm that there are no other issues as described above to be communicated to the Members of Council. Other Matters Arising From the Audit In accordance with CPA Canada Handbook CAS 600, when the consolidated financial statements of an entity (primary entity) include financial information from financial statements of a component entity (a subsidiary, investee [other than a portfolio investment], or joint venture; or an entity whose financial information from financial statements is included with those of the primary entity), the auditor communicates with the Members of Council those matters relating to the component entities that in the auditors' judgement are of significance in the context of the primary entity as well as: (a) instances where the group engagement team's evaluation of the work of a component auditor gave rise to a concern about the quality of that auditor's work; (b) any limitations on the group audit, for example, where the group engagement team's access to information may have been restricted; and (c) fraud or suspected fraud involving group management, component management, employees who have significant roles in group-wide controls or others where the fraud resulted in a material misstatement of the group financial statements. We confirm that there are no matters of significance related to the financial statements of a component entity that require communication to the Members of Council.DRAFTPage 49 of 53 Page 128 of 440 In some cases, management may decide to consult with other accountants about auditing and accounting matters. When the auditors are aware that such consultation has occurred, the auditors would communicate with the Members of Council as appropriate. If the auditors find that the consultation has not occurred in accordance with Reports on the Application of Accounting Principles, Auditing Standards or Review Standards, CPA Canada Handbook 7600, this would be communicated with the Members of Council. We confirm that we are not aware of any consultations with other accountants. The auditors communicate with the Members of Council any major issues discussed with management in connection with the initial or recurring appointment of the auditors, including, among other matters, discussions regarding the application of accounting principles and auditing standards, and fees. We confirm that there are no major issues in connection with the recurring appointment of the auditor. The auditors inform the Members of Council of any significant difficulties encountered while performing the audit, including significant delays in management providing information required for the audit, an unnecessarily brief timetable in which to complete the audit, extensive unexpected effort required to obtain sufficient appropriate audit evidence, the unavailability of expected information, restrictions imposed on the auditor by management, and management's unwillingness to make or extend its assessment of the entity's ability to continue as a going concern when requested. Please refer to the management letter issued for further details about any significant difficulties encountered in the performance of the audit. The auditors inform the Members of Council of any significant matters discussed, or subject to correspondence with management, while performing the audit including business conditions affecting the entity and business plans and strategies that may affect the risks of material misstatement and written representations requested. Please refer to the management letter issued for further details about any significant matters that were discussed or communicated with management during the course of the audit. Please see management's representation letter for written representations requested. In accordance with CPA Canada Handbook CAS 450, the auditors shall communicate with the Members of Council uncorrected misstatements and the effect that they, individually or in aggregate, may have on the opinion in the auditors' report. The auditors' communication shall identify material uncorrected misstatements individually. The auditor shall request that uncorrected misstatements be corrected. Please refer to management's letter of representation for the list of uncorrected misstatements not made by management during the course of the audit. We agree with management's assessment that the effects of uncorrected misstatements are immaterial, both individually and in the aggregate, to the consolidated financial statements as a whole. However, in accordance with the requirements of CPA Canada Handbook CAS 450(12), we request that the Members of Council instruct management to have the uncorrected misstatements corrected. The auditors inform the Members of Council of any other significant matters relevant to the financial reporting process including material misstatements of fact or material inconsistencies in information accompanying the audited consolidated financial statements that have been corrected.DRAFTPage 50 of 53 Page 129 of 440 We confirm that no significant matters relevant to the financial reporting process were identified during the audit. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD, SMITH AND SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP DRAFTPage 51 of 53 Page 130 of 440 February XX, 2023 Mayor Jim Diodati and Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 2L1 Re: Audit of 2020 Consolidated Financial Statements Dear Mayor Jim Diodati and the Members of Council: We have now completed our examination of the consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the “Municipality”) for the year ended December 31, 2020. As stated in our report dated February XX, 2023 addressed to the Members of Council, Inhabitants and Ratepayers of the City, the objective of our audit was to express an opinion on the consolidated financial statements and our audit included considerations of internal controls relevant to our audit to obtain reasonable assurance that the consolidated financial statements were free of material misstatements. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal controls or for identifying all significant deficiencies that may exist. Accordingly, our audit would not usually identify all such matters that may be of interest to you and it is inappropriate to conclude that no such matters exist. In accordance with CAS 265 of the CPA Canada Handbook, Assurance, the auditor is required to communicate to those charged with governance and management deficiencies in internal control that the auditor has identified during the audit and that, in the auditor's professional judgment, are of sufficient importance to merit their respective attentions. We are pleased to report that during the course of our audit of the Municipality for the year ending December 31, 2020 we have found nothing of a significant or material nature to report to you at this time. We have previously reported the following items which are still unresolved: DRAFTPage 52 of 53 Page 131 of 440 - 2 - Infrastructure Documentation From the Engineering Department – December 31, 2014 In a prior year we noted as part of our testing of the fixed asset cycle that information related to capital project completion dates were not being forwarded to the Finance department in a timely manner. This has an impact on the accounting for tangible capital assets, specifically, when work in progress is to be capitalized and depreciated. The following previously reported items have been resolved satisfactorily: Contracts – December 31, 2014 This communication is prepared solely for the information of the Municipality and is not intended for any other purpose. We accept no responsibility to a third party that relies on this communication. We would like to take this opportunity to thank the staff for all their assistance and co-operation during our audit. Should you wish to discuss the above matters further, please contact our office at your convenience. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Christine Morrow, CPA, CA Engagement Partner CPM DRAFTPage 53 of 53 Page 132 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-13 Sunday, February 05, 2023 7.1 F-2023-05 2020 Corporation of the City of Niagara Falls (Draft) Consolidated Financial Statements Council, Two years too late. It is worth noting, note #16 in the report, South Niagara Site Hospital. I would appear that Council can just inconspicuous reset the cap on the reserve to give Niagara Health their ask and most people would be none the wiser. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Page 133 of 440 Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 134 of 440 L-2023-04 Report Report to: Mayor and Council Date: February 7, 2023 Title: Proposed Conveyance of City Own Land to 2808378 Ontario Inc. Ferguson Laneway adjacent to 4473-4478 & 4499 Ferguson Street Our File No. 2022-134 Recommendation(s) 1. In the event that Council determines that it is in the public interest to do so, that the Ferguson Street Laneway (located between 4473 -4478 & 4499 Ferguson Street) hereinafter referred to as the "Subject Lands", as shown in red on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs for the purposes of selling the Subject Lands to both abutting landowners, being the owners of 4473-4478 and 4499 Ferguson Street. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the City Solicitor and Chief Administrative Officer, or their designate, is authorized to execute all other documentation and take whatever steps necessary to carry out Recommendations 1and 2. Executive Summary Description: Part of PIN 64326-0135 (LT) - Part Lane, Plan 997, Lying S of Leader Lane, N of Ferguson St., E of Broughton St., & W of Hickson Ave; Niagara Falls Total Area: Approximately 1665.2 sq. ft. Zoning: Neighbourhood Commercial Zone Type of Property: Vacant Laneway Special Consideration: No infrastructure located with the Subject Lands. Bell Canada easement will be required as there is buried conduit along the laneway. Background Page 1 of 5 Page 135 of 440 The City has received a request from the Owner of 4473-4479 and 4499 Ferguson Street to purchase the Subject Lands between their properties. Prior to any conveyance, the Subject Lands must be stopped up and closed and declared surplus to the City's needs. The Subject Lands are part of a City laneway which is being utilized as part of the parking and access for the adjacent lands. The laneway is not physically there and is being used as back yards of the abutting lands. Public notice will be provided for in accordance with the City's By-law No. 2003-02. Analysis Information about the requested declaration of surplus was circulated to City departments for comment. The following summarizes the comments received to date: • Municipal Works The laneway is not needed for infrastructure or access to the other portion of the laneway. Niagara Peninsula Energy, Enbridge Gas and Cogeco Cable have no easements. Bell Canada has both overhead pole lines and buried conduit along the laneway. Then entire block is apparently fed from a connection on Ferguson Street so continued access to their infrastructure along the subject section of the laneway is necessary to ensure they can maintain service to all the properties within the block. As such, it is likely that Bell Canada would be looking to have an easement secured along the laneway for access to maintain their utility as a condition of the sale. No objections to the lands being declared surplus. • Planning Department The laneway is being utilized as part of the parking and access for both sites. Furthermore, the balance of the laneway has frontage onto Leader Lane, although the laneway is not physically there and it looks like for may years (at least back to the 1960's) it has been utilized as the back yards of the abutting detached dwellings. Planning has no objections to the lands being declared surplus however, depending on time and workload, it may be an idea to offer for sale and dispose of the laneway in its entirety to abutting landowners. • Fire Services No objections. • Transportation Services Page 2 of 5 Page 136 of 440 No objections. • Recreation & Culture No objections. Generally speaking, the City is looking into steps to identify and commence similar processes and transactions to ensure that "de facto" laneways in the area are transferred in a manner consistent with good planning practices. Financial Implications/Budget Impact In the event that the Subject Lands are sold at its appraised value, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will immediat ely start generating tax revenue and the City will no longer be responsible for the costs relating to maintenance of the Subject Lands. The Purchaser will be responsible for all costs relating to the sale of the Subject Lands, including, but not limited to, the public notice, reference plan, appraisal and the by-law to stop up and close the road allowance. Strategic/Departmental Alignment The proposed transaction is in keeping with Council’s commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well- planned City. List of Attachments Schedule A Schedule B Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 31 Jan 2023 Shelley Darlington, General Manger of Corporate Services Approved - 01 Feb 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 3 of 5 Page 137 of 440 Location Map Print Date:© City of Niagara Falls 1/24/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "A" Page 4 of 5 Page 138 of 440 Location Map Print Date:© City of Niagara Falls 1/26/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "B" Page 5 of 5 Page 139 of 440 TheOfficialOppositionPartytoTheCityofNiagaraFallsCouncil Donotalterthisdocument 07-02-2023-11 Sunday,February05,2023 7.2L-2023 -04 ProposedConveyanceofCityOwnLandto2808378 OntarioInc. FergusonLanewayadjacentto4473-4478&4499 FergusonStreet OurFileNo.2022-134 Council, Irecommendsurveyingtheopinionsoftheownersoftheentirelanewaybefore proceeding.Therecommendationswoulddeclarethelandspermanentlyclosedand declaredsurplusthenadvisetheremainingownersafterthefact.Thisproposal effectivelyremovestheotherlandownersrightstouseoneendofthelanewaywithout consultation,wedon'tliveinasocietywherewetakeothersrightsawaywithoutdue process. Someoftheownersmayconsideritdevaluestheirpropertiesandrequestcompensation oritwouldcauseunduestresshavingtoreverseoutinsteadofcontinuingforward. Havealloftheownerstitlesthathaveaccesstothelanewaybeenreviewedtoseeif easementsareinplaceallowingfullaccess(bothdirections)tothelaneway. Iamnotopposedtotheproposal,Iamopposedtoproceedingwithoutthecommentsof theownersthathaveaccesstothelaneway. Iwouldmotionfordeferraluntilsuchtimeasthecommentsandconcernsoftheowners thathaveaccesstothelanewayareincludedinthereport. RelevantBy-Lawsattached... Page 140 of 440 ·Sale_of_land-Procedures_by-law, ·public_notice_by-law LeaderoftheOfficialOpposition(Chefdel'Oppositionofficielle) JoedyBurdett 4480BridgeStreet,NiagaraFalls,L2E2R7 (905)3538468 OPNFC.ca JustasHisMajesty'sLoyalOppositionisviewedasthecaucustaskedwithkeepingthe governmentincheck,itisthemandateoftheOPNFCtoholdCouncilaccountableto theiractionsorintentions,realizedorinferred. "Anoppositionpartyisapoliticalpartythatdoesnotwinenoughseatsinageneral electiontoformagovernment .Theelectedmembersofthatpartyinsteadserveinthe legislatureastheopposition.Anoppositionpartycriticizesandchallengesthegoverning party,withthegoalofimprovinglegislationandformingthegovernmentinthenext election.TheoppositionpartywiththemostseatsiscalledtheOfficialOppositionorHis Majesty’sLoyalOpposition.Thistitleemphasizesthatthepartyremainsloyaltothe Crownevenastheyopposethegoverningparty." Page 141 of 440 Page 142 of 440 Page 143 of 440 Page 144 of 440 Page 145 of 440 Page 146 of 440 MW-2023-02 Report Report to: Mayor and Council Date: February 7, 2023 Title: Forestview/Garner Stormwater Management Pond Cleanout and Retrofit - Cost Sharing Agreement Recommendation(s) 1. That the City enter into a cost sharing agreement with the developers of Garner Place Subdivision (Plan 59M-510) to implement improvements and an expansion to the existing Stormwater Management Pond located at Garner Road and Forestview Boulevard. 2. That the General Manager of Municipal Works be authorized to execute the cost sharing agreement on the City's behalf for the estimated amount of $270,770, the amount to be funded through the approved 2021 Stormwater Management Pond Assessment and Cleanout account (STMS51-21). Executive Summary The City has recently undertaken an investigation and Condition Assessment of its existing inventory of Stormwater Management (SWM) Ponds, and found that a large majority of them are in need of significant cleanout and main tenance. The City is continuing on to develop a multi-year program to address these overdue improvement and maintenance needs. One of the ponds identified as being in Poor condition and requiring urgent cleanout is the existing pond at the corner of Forestview Boulevard and Garner Road, initially constructed to service the Edgewood Estates Subdivision. The pond is approximately 15 year old and in need of maintenance and improvement. Concurrently the development of the adjacent Garner Place subdivision is proceeding and their servicing scheme identifies using the existing Edgewood pond as a storm outlet. It does necessitate an expansion and retrofit in order to satisfy design criteria for the management of the storm runoff generated by the new subdivision. The City has been approached by the Developer regarding a cost sharing agreement where the Developer's contractor would undertake both the required retrofit works as well as the cleanout of the existing pond and forebay. The estimated total City's share is $270,770, which represents a cost savings over the estimate to undertake the cleanout independently and the developer's share is $128,410 for the retrofit works. Page 1 of 5 Page 147 of 440 There is available approved funding in the current SWM pond assessment and cleanout program to accommodate this cost. The original scope of the program was to include the cleanout of at least one pond. The City would be required to enter into a cost sharing agreement with the developer for this work to proceed. Background A Stormwater Management (SWM) pond was constructed as part of the required municipal servicing for the Edgewood Estates Subdivision. The subdivision was assumed by the City in 2008 and the existing pond is located at the northeast corner of Forestview Boulevard and Garner Road. The City now owns 25 of such SWM ponds at 18 different locations across the City. These ponds require regular inspection, maintenance and cleanout in order to operate effectively and provide the level of stormwater runoff management and treatment. In order to assess the condition and performance of our current inventory of SWM ponds, staff engaged a consultant to undertake a inspection and assessment of the condition of each of the SWM ponds the City currently owns. This inspection included a detailed survey of levels of sedimentation in order to estimate costs to clean them out to their desired operating capacity. The approved budget for this program included the scope of work as described but also allowed for the potential cleanout of one pond as well. The consultant has completed the investigations and provide draft findings along with recommendations regarding scope of work and estimated costs to complete required cleanout and improvements at each pond. The proposed Garner Place Subdivision (Plan 59M-510), located east of Garner Road and south of Lundy's Lane, is intending to utilize the existing SWM pond at Garner and Forestview as its outlet for storm runoff from the development. However, this requires some modifications to the existing pond in order to increase its capacity to accommodate and manage the additional stormwater runoff flows. The developer has approached the City about cost sharing on the required works at this facility in order to address both the retrofit (Developer) and updated cleanout and maintenance (City) needs. Analysis The SWM pond assessment and cleanout program was originally approved in 2021 in order to inspect and assess the condition of the City's inventory of SWM ponds, and then was subsequently expanded in 2022 to include the cleanout of one (or more) ponds. The total approved budget is $500,000, with approximately $145,000 committed to the consultant undertaking the assessments. The remaining $355,000 is available for the cleanout portion of the program. The investigation findings were that a number (14 out of the 25 the City owns) of the ponds suffer from excessive sedimentation and are in urgent need of cleanout (rating Poor or Very Poor). The existing Edgewood Estates SWM Pond (City ID# DSP_00003) was identified as suffering from excessive sedimentation in the forebay area and moderate sedimentation in the remaining main pond cell. The City's consultant provided an estimate of in Page 2 of 5 Page 148 of 440 excess of 1,800 cubic metres required to be removed between the main pond and forebay. The estimated cost was over $560,000, assuming the entirety of the excavated material would require disposal at a licensed facility. This pond was not identified as the top priority and the cost would not have been supporta ble under the current approved budget. A draft recommendation was provided that the forebay be cleaned out in conjunction with some smaller higher priority ponds, as an option. The developer of the Garner Place Subdivision is required to modify DSP_00003 in order to utilize it as an outlet for storm runoff from their development in order to satisfy City and legislative requirements. The developer's consultant has provided an estimate of potential costs to include the recommended cleanouts of the existing pond into the scope of their current work based on unit prices from their contractor hired to undertake the pond retrofit work. The attached Drawing SW1.1 Edgewood Estates SWM Pond Retrofit illustrates the proposed works to be undertaken on the existing pond. The estimated share of costs for the City in this case has been estimated at $270,770, while the Developer' share is estimated at $128,410. This represents a significant savings compared to the full cleanout estimate provided. This then represents value and an opportunity to the City to take advantage of competitive unit prices (compared to our original estimate) as well as cost sharing with the developer on a number of standard required work items such as site mobilization and restoration activities. It also will not require the pond area to be disturbed twice to accomplish all the required scope of works. Operational Implications and Risk Analysis In the Developer's cost sharing estimate, it assumes that a majority of the excavated material will not be required to be disposed of at a licensed facility and that the contractor has provided a suitable site for disposal. There is a requirement that any excavated soil moved from the site will need to be tested to ensure it satisfies Provincial criteria regarding disposal, which will be undertaken by a designated qualified person working on behalf of the developer and the municipality. There is a provisional item and amount included in the cost sharing estimate covering the need to dispose of unsuit able material at a licensed facility. The unit price provided is lower than our originally provided estimate. Also there is some surplus in the approved budget remaining to provide a contingency against potential increased costs due to poor soil conditions. In addition to the efficiencies noted above, there is also risk in deferring this cleanout work due to the high sediment amounts accumulated particularly in the pond forebay. Financial Implications/Budget Impact Based on the estimated amount provided for the City's share in this proposed cost sharing agreement of $270,770, there is sufficient available approved funding in the current Capital budget for the SWM Pond Assessment and Cleanout program (Account # STMS51-21). Strategic/Departmental Alignment Page 3 of 5 Page 149 of 440 Implementation of this work meets the intent of the Council's strategic priorities to provide strong and resilient infrastructure in a healthy and safe, livable community. List of Attachments Drawing SW1.1 Edgewood Estates SWM Pond Retrofit and Cleanout Written by: Kent Schachowskoj, Manager of Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 01 Feb 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 4 of 5 Page 150 of 440 8/17/2022 Page 5 of 5Page 151 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-10 Sunday, February 05, 2023 7.3 MW-2023-02 Forestview/Garner Stormwater Management Pond Cleanout and Retrofit - Cost Sharing Agreement Council,  I recommend a motion to approve the recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 152 of 440 PBD-2023-06 Report Report to: Mayor and Council Date: February 7, 2023 Title: Information Report Vacant Building Registry and Vacant Residential Building Tax Recommendation(s) 1. That Council direct staff to initiate a Vacant Building Registry and a Vacant Building Registry By-law to be in place during the fourth quarter of 2023 to encourage the repurposing of vacant building stock for residents and businesses. 2. That Council direct staff to bring back a report at a future date outlining how the City may implement a vacant land tax to deal with idle properties. Executive Summary Housing affordability is and will continue to be a major issue facing the community. Municipalities can introduce tools and incentives to address issues with respect to housing availability and affordability. This report examines two approaches: a vacant building registry and a vacant building tax that Council may employ to encourage the repurposing of vacant building stock for people and businesses. Staff recommend that a Vacant Building Registry be implemented to encourage landowners to repurpose vacant building stock to increase the supply of building stock for housing and business purposes. Background At the Council meeting held on June 21, 2022, Council passed a motion requesting that staff prepare a report about the advantages and disadvantages of a vacant building registry and vacant building tax aimed at addressing neglected or vacant buildings in Niagara Falls. Analysis Context and Scope of the Problem Housing affordability is and will continue to be a major issue facing Niagara Falls residents. As identified in the City’s Housing Strategy, (endorsed by Council via PDB 2022-18, March 22, 2022) municipalities can introduce tools and incentives to address issues with respect to housing availability and affordability. To increase the supply of available building stock for housing and businesses, the City can encourage the repurposing of vacant, neglected structures who are currently providing no benefit to the community, are a source of visual blight and negatively impact surrounding properties. Page 1 of 7 Page 153 of 440 Vacant building data is not officially collected by the City. A high -level analysis of water consumption data cross referenced with a list of vacant structures kept by the Fire Department shows that there may be approximately 350 vacant buildings across t he City. As these buildings are left vacant, with little or no maintenance, they will over time deteriorate to a condition where they will either collapse or will need to be torn down, in other words ‘demolition by neglect’. Discouraging building owners from allowing their buildings to remain vacant for extended periods of time will provide additional building stock for residents and businesses. Vacant Building Registry A vacant building registry provides a comprehensive process for monitoring vacant buildings to protect them against continued deterioration. A vacant building registry discourages building owners from allowing their buildings to remain vacant for extended periods of time and prevent ‘demolition by neglect’. Advantages of a Vacant Building Registry • Proactive approach to encourage the repurposing of vacant buildings. • Proactive approach to prevent vacant buildings from deteriorating further. • A vacant building registry would allow the City to better quantify the scale of the vacant building problem. • More secure and less vacant buildings would reduce the number of potential targets for vandals, squatters and arsonists, and property standards enforcement cases. • Provides clear expectations for land owners to maintain safe conditions for vacant buildings. • Based on the fee structure and the number of vacant structures, a vacant building registry could potentially be 100% cost recovery with no additional levy impact. Disadvantages of a Vacant Building Registry • Requirement for additional Property Standards and By-law staffing and resources to maintain the registry and its ongoing administration and enforcement. Vacant Building Tax A second policy lever that a municipality may pull to discourage building owners from allowing their buildings to remain vacant for extended periods of time is a Vacant Building Tax. A vacancy tax is a tax of 1% of the assessed value of the property. Part IX.1 of the Municipal Act, 2001 contains provisions permitting municipalities to impose a tax for vacant units that are classified in the residential property class and that are taxable under the Act for municipal purposes. Consequently, a tax could not be imposed upon vacant commercial or industrial buildings. To impose such a tax, a municipality has to be designated by the Province. In Ontario, only the City of Toronto through the City of Toronto Act, 2006 has the authority to impose this type of tax. Page 2 of 7 Page 154 of 440 Advantages of a Vacant Residential Building Tax • Proactive approach to encourage the repurposing of vacant residential buildings. • Proactive approach to further prevent vacant residential buildings from deteriorating further. • A vacant residential building tax would allow the City to better quantify the scale of the vacant residential building problem. • Based on the tax and the number of vacant residential structures, a tax could potentially be 100% cost recovery with no additional levy impact as projected by the City of Hamilton in their circumstance. Disadvantages of a Vacant Residential Building Tax • The tax can only be applied to residential properties and therefore excludes vacant commercial or industrial buildings. • The tax would only be applied to fully vacant buildings and not vacant units within otherwise occupied buildings. (i.e. a vacant individual residential unit). • Additional staffing and resources will be needed to administer the tax and to deal with appeals. The City of Hamilton added 16 full time staff to administer the Vacant Residential Building tax program. The use of a vacant building registry or a tax on vacant residential properties is designed not as a municipal revenue tool but as housing tool whose primar y objective is to encourage owners to rent out empty properties to increase the supply and affordability of housing. For vacant commercial buildings, a vacant building registry could help increase the supply of available commercial building stock for new business opportunities. It should be noted that for vacant commercial buildings, the entire building would need to be vacant in order for it to be included on the vacant building registry. A predominantly occupied commercial building with a limited number of vacant units would not be a target of a vacant building registry. To address an increasing housing shortage, two neighbouring communities have employed two unique approaches that are discussed in detail below. Vacant Building Registry: City of St. Catharines Program Overview A vacant building registry by-law was recently adopted by the City of St. Catharines Council in May 2022. This registry requires owners of vacant buildings to register their buildings for a one-time initial fee of $350 plus an annual registration fee of $800 to cover the cost of by-law staff monitoring the buildings and property standards management. Under the St. Catharines’ Vacant Building Registry, while owning a vacant building is not an offense, failing to register a vacant building would be considered an offence. If an owner of a vacant building does not register or violates any requirements of the By -law Page 3 of 7 Page 155 of 440 the owner could be subject to appropriate fees/fines under the By-law or through the Courts, if need be. Registration of the vacant property triggers monitoring on a bi-weekly basis by St. Catharines By-law enforcement staff who ensure that properties are maintained to a minimum standard. The responsibilities of every building owner whose building has been vacant for 90 days or more includes: • Registering their vacant building. • Paying a one time $350 administrative fee and an annual $800 registration fee to cover the costs of By-law staff and other resources. • Providing updated contact information on an annual basis. • Bi-weekly monitoring of their vacant buildings or more frequently as required. • Submitting reports with respect to the condition of their vacant building. Vacant Residential Building Tax: City of Hamilton Program Overview Since October 2010 and updated in 2017, the City of Hamilton has utilized a vacant building registry to regulate vacant buildings within the municipality. Similar to the St. Cathartines example, the City of Hamilton Vacant Building Registry By-law No. 17-127 makes it mandatory for all owners of vacant properties to register their properties with the City. If a property owner fails to register their vacant property or fails to maintain their property, the City of Hamilton can use various tools to resolve the violation which may include: • Administer a fee for an inspection cost that would be added to the property taxes. • Register an order on title. • Issue Administrative Penalty System tickets or initiate court action. • Send a contractor to complete the required work with the costs added to the property taxes. Vacant buildings are identified through the proactive efforts of staff or through public complaints. With respect to fees, the cost of registration for building owners is $297 with an annual cost for inspections of $840. Hamilton's vacant building program is deemed to be full cost recovery with two staff assigned to monitor and manage the City's Vacant Building Registry. Building upon the registry, Hamilton in 2021 began to explore the implementation of a vacant home tax on residential properties that have been unoccupied for an extended period. Prior to Hamilton’s exploration of the vacancy tax tool, the City of Vancouver was the only municipality in Canada to have imposed such a tax. In May 2022, the Province gave the City of Hamilton its approval to create such a tax. It is noted that Ottawa is investigating and Toronto has since approved the use of a vacant Page 4 of 7 Page 156 of 440 residential building tax. If Council wishes to pursue such a tax, similar to Hamilton’s approach, the City will need to submit a formal request to the Minister of Finance. Conclusion A vacant building registry, similar to other existing programs in previously mentioned municipalities, would be a proactive approach to reducing the number of vacant structures in the City, thereby decreasing the number of potential targets for vandals and arsonists, and property standards enforcement cases. To better understand the scale of the vacant structure problem and to encourage the repurposing of vacant buildings for additional housing and business opportunities, staff recommend that a Vacant Building Registry and By-law be established. Vacant Building Registry Next Steps The next steps required to implement the Vacant Building Registry and a Vacant Building Registry By-law include: • Creating the by-law to regulate the enforcement of the Vacant Building Registry for review and implementation on the approval of the staff report through Council. • Consulting with the Manager of Municipal Enforcement and the Legal Department for the implementation and adoption of this by-law including the establishment of a monetary fine if owners of vacant building choose not to participate. • Reviewing the City of St. Catharines by-law that was newly created and adopted. • Utilizing the Property Standards By-law No. 2015-1010 in the interim to enforce the property standards legislation of vacant buildings. Enforce the property standards provisions through the Ontario Courts of Justice while reviewing the Administrative Monetary Penalty Program with the Legal Department for an expected Vacant Building By-law implementation in the fourth quarter of 2023. Other Next Steps To investigate how to encourage the development of vacant land parcels across the municipality, Planning staff will work with Economic Development staff to investigate the implementation of a vacant land tax and report back to Council at a future date. Operational Implications and Risk Analysis The Manager of Municipal Enforcement Services who is supportive of a Vacant Building Registry and By-law reports that there may be a need for additional staff member(s) to oversee the implementation of the Vacant Building Registry and By-law. In the absence of the number of confirmed vacant properties in the City, in the interim, the registry and by-law can be overseen by the existing staff complement. Once Municipal Enforcement Services staff have a better understanding of the number of vacant properties that are affected by the by-law then staff will be in a better position to ascertain and measure any further staffing requirements that may or may not be required. Page 5 of 7 Page 157 of 440 Financial Implications/Budget Impact There are no direct financial implications arising from this report. At a high level, either approach would bring in additional revenues to the municipality however, there would also be additional costs for the administration and monitoring of these programs. If Council chose to implement a vacant building registry utilizing a similar fee structure as St. Catharines, the below chart illustrates the potential revenue (at full participation) of the registry in its inaugural year. It should be noted, based on discussions with other municipalities that are currently operating vacant building registries, that the registries have not been strong revenue generators as participation in the registry is mixed and very dynamic with vacant buildings constantly entering and exiting the registry as new vacant buildings are found and existing vacant buildings become occupied. Estimated Number of Vacant Buildings Initial Administrative Fee Annual Registration Fee Total Revenues 350 $350 $800 $402,500 Further, additional revenue may be collected through the administration of fines for non - compliant properties on the registry. Property standards non -compliance fees may be collected via the Administrative Monetary Penalty System (AMPs) which the City hope s to utilize in the future for a number of infractions. In the first eighteen weeks of operation, St. Catharines reported that the City issued over $34,000 in non-compliance fines. Strategic/Departmental Alignment A vacant building registry or a vacant residential building tax that encourages the repurposing of vacant building stock for people and businesses is consistent with the City’s strategic priority of Diverse and Affordable Housing and Vibrant and Diverse Economy. Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 31 Jan 2023 Kira Dolch, Director of Planning, Building & Development Approved - 31 Jan 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 6 of 7 Page 158 of 440 Page 7 of 7 Page 159 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-09 Sunday, February 05, 2023 7.4 PBD-2023-06 Information Report Vacant Building Registry and Vacant Residential Building Tax Council,  I recommend a motion to approve the recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 160 of 440 PBD-2023-09 Report Report to: Mayor and Council Date: February 7, 2023 Title: Information Report to Council for Uppers Quarry Recommendation(s) That Council receive this report for information purposes. Executive Summary In November 2021, Walkers Aggregates Inc. submitted Official Plan amendments and a Zoning By-law amendment to the City and Region to facilitate the establishment of a proposed quarry on the subject lands. A number of studies were submitted by the applicant in support of their application and the City and Region had some of these studies peer reviewed. The City has been working with the Joint Advisory Review Team (JART) as the applications go through the Planning Act process. A separate application process is required under the Aggregates Resources Act to obtain additional permissions from the Ministry. To date, the City and Region have not received notification that this process has begun. In March 2022, an Open House was held where the public expressed concerns regarding blasting, air quality, noise, environment, and property values. The City and Region are currently waiting for the applicant to provide a resubmission of the application in response to the comments made by the City, Region, Niagara Peninsula Conservation Authority and the peer reviews conducted for some of the submitted studies. Once a submission is made, a future Open House is anticipated before bringing the application with a recommendation report to Council for a Public Meeting and a decision. Background Proposal In November 2021, the City received an Official Plan and Zoning By -law amendment application from Walkers Aggregates Inc. At the same time, the Niagara Region received an application to amend their Regional Official Plan. The applications propose to facili tate the establishment of the proposed quarry on the subject lands, totaling 103.6 hectares. The subject lands include lands north of Upper’s Lane, west of Beechwood Road, north Page 1 of 6 Page 161 of 440 of the Hydro Corridor and east of Thorold Townline Road. Please see Schedule 1 for a location map. The City’s Official Plan designates the subject lands Good General Agriculture in part, Environmental Protection Area in part, and Environmental Conservation Area in part. The applicant is requesting the lands be redesignated to Extractive Industrial to permit an aggregate quarry with associated processing and recycling of aggregate material including asphalt and concrete and a concrete or asphalt mixing plant on the lands. The subject lands are zoned Agriculture (A and A -467) and Hazard Land (HL) under Zoning By-law No. 79-200, as amended by By-law No. 1999-48. The applicant is requesting the land be rezoned to a site specific Extractive Industrial (EI) with regulations permitting a pit or quarry licensed under the Aggregate Resources Act, processing of natural materials from the site, processing of aggregate and recycled aggregate material, a concrete or asphalt mixing plant, accessory buildings or structures and uses permitted under an Agriculture (A) zone. The proposal includes a 3 metre high berm around the perimeter of the site as well as a 30 metre extraction buffer from the property lines to Beechwood Road and Thorold Townline Road and 15 metres to all other property lines. Submitted Materials The applications to the City and the Region are being processed concurrently. The City received a number of studies with the amendments in support of the applications. Those include: • Acoustic Assessment • Agricultural Impact Analysis • Air Quality Assessment • Alternative Site Analysis • Archaeology Assessment • Blasting Impact Analysis • Cultural Heritage Impact Assessment • Economic Impact Assessment • Environmental Impact Study • Fisheries Assessment • Planning Justification Report • Traffic Impact Study • Water Table Report • Visual Impact Assessment As part of the application process, the City and Region had the following reports peer - reviewed: • Acoustic Impact Analysis • Air Quality Assessment • Alternative Site Analysis • Blast Impact Analysis • Economic Impact Study • Environmental Impact Study • Traffic Impact Study • Water Table Report Joint Advisory Review Team (JART) Page 2 of 6 Page 162 of 440 The City has been working with the JART during the process of the applications. The JART includes Planning Staff from the City, Thorold, and Region, Environmental Planners from the NPCA, and an Aggregate Advisor. City Planning Staff meet internally with the JART as needed to discuss the progression of the file. Aggregate Resources Act Application Process In addition to the Regional and City Planning Act application processes, the applicant is required to undergo a separate Aggregate Resource Act (ARA) a pplication process to receive approval from the Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF). This application process is a separate process from the City and Region’s Planning Act application process. Further notification and a consultation are required through this process. The City has recently received notice that a virtual public meeting, hosted by the applicant, has been scheduled for March 1, 2023 at 6 PM. This notice will be posted on the City's Let's Talk page for the Uppers Quarry. Open House In March 2022, the City held an Open House in conjunction with the Niagara Region. There were approximately 85 members of the public in attendance at the Open House. The 5 largest concerns Staff heard from the public were: 1. Blasting Impacts 2. Environmental Impacts 3. Air Quality Impacts 4. Noise Impacts 5. Property Value Impacts Next Steps Peer review and other technical comments were provided to the applicant between August 2022 and November 2022. No position has been taken on the application. Currently, City and Regional Staff are waiting for a resubmission from the applicant in response to the peer review comments that were received. Once a resubmission is received and circulated, a future Open House is anticipated before being brought to Council as a Public Meeting for a decision. Operational Implications and Risk Analysis An analysis of operational and financial implications and strategic alignment will occur in a future recommendation report. List of Attachments Schedule 1 - Location Map Schedule 2 - Site Plan Page 3 of 6 Page 163 of 440 Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 31 Jan 2023 Kira Dolch, Director of Planning, Building & Development Approved - 31 Jan 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 4 of 6 Page 164 of 440 4 PBD-2023-XX February 7, 2023 Schedule 1 (Location Map) Page 5 of 6 Page 165 of 440 Schedule 2 (Site Plan) Page 6 of 6 Page 166 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-08 Sunday, February 05, 2023 7.5 PBD-2023-09 Information Report to Council for Uppers Quarry Council,  I recommend a motion to approve the recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 167 of 440 F-2023-06 Report Report to: Mayor and Council Date: February 7, 2023 Title: Monthly Tax Receivables Report (December) Recommendation(s) That Council RECEIVE the Monthly Tax Receivables report for information purposes. Executive Summary This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as at December 31, 2022 were $17.9 million compared to $17.1 million in 2021. During December, tax receivables as a percentage of taxes billed slightly increased from 8.1% in 2021 to 8.2% in 2022. The City’s finance staff has begun the collection process for properties that are subject to registrati on for 2022 as well as continuing the collection process for properties that were subject to registration for 2021. There are currently sixteen properties scheduled for tax sale in the next two years. Tax arrears are an important indicator of municipal economic health and are considered by Standard and Poor’s in their determination of a credit rating. Staff feel that this monthly taxes receivable report to Council does not add a lot of value and as such request that we no longer provide this report to Council for 2023 and forward. If Council does find value in this report and still wishes to see it, staff request a timing change to quarterly reporting instead of monthly which would align with staff's goal of regularly quarterly variance reporting. Background This report is being provided as part of the monthly financial reporting to Council by staff. Analysis Tax collection for 2022 is slightly behind the collection history for 2021 for the month of December. Table 1 shows that taxes outstanding at December 31, 2022 are $17.9 million. This represents an increase from $17.1 million in arrears for the same period in 2021. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property classes. Residential property taxes outstanding have increased by $1.4 million compared to December 2021, Page 1 of 4 Page 168 of 440 and commercial property taxes outstanding have decreased by $0.9 million compared to December 2021. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2022, 225 properties were subject to registration for 2022. Table 3 summarizes the progress of these actions after twelve months of activity. This table shows 94.2% of the tax accounts or 212 properties have been paid in full or the owners have made suitable payment arrangements. During De cember, no accounts were paid in full. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of December, no properties were registered. The outstanding taxes for registered properties represent 5.22% of the total taxes to be collected. Financial Implications/Budget Impact Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyze an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at December 31, 2022 is 8.2%, which is a slight increase of 2021’s value at 8.1 %. The municipality has a record of full collection and earns penalty revenues to offset the higher measure. List of Attachments F-2023-06 - Attachment Written by: Stephanie Young, Water Tax Administrator Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 01 Feb 2023 Shelley Darlington, General Manger of Corporate Services Approved - 01 Feb 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 2 of 4 Page 169 of 440 TABLE 1 Taxes Receivable at December 31, 2022 2022 2021 Outstanding Taxes @ November 30 23,607,514$ 24,469,393$ Supplemental Due December 23 684,674$ 1,132,316$ Taxes Collected during December 6,366,046$ 8,506,233$ Outstanding Taxes @ December 31 17,926,142$ 17,095,476$ Outstanding Taxes by Year: 3 Years and Prior 1,227,190$ 1,145,577$ 2 Year 1,433,667$ 1,153,343$ 1 Year 3,651,257$ 3,307,983$ Current 11,614,028$ 11,488,573$ Total 17,926,142$ 17,095,476$ TABLE 2 2022 2021 Variance Taxes Owing Taxes Owing ($) Residential 10,028,616$ 8,674,058$ 1,354,557$ Multi-Residential 94,194$ 134,846$ (40,652)$ Commercial 6,967,020$ 7,841,809$ (874,789)$ Industrial 806,890$ 422,439$ 384,451$ Farmlands 29,423$ 22,324$ 7,098$ Total Receivables 17,926,142$ 17,095,476$ 830,666$ Taxes Receivable by Property Class at December 31, 2022 Page 3 of 4 Page 170 of 440 TABLE 3 Number of Properties Subject to % Registration as at December 31, 2022 Initial Amount (January 1, 2022)225 Paid in Full 88 39.1% Payment Arrangements 124 55.1% Ongoing Collection Action 13 5.8% Registered 0 0.0% 225 100.0% TABLE 4 April 2023 8 440,083$ November 2023 8 494,942$ Totals 16 935,025$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 4 of 4 Page 171 of 440 PBD-2023-07 Report Report to: Mayor and Council Date: February 7, 2023 Title: Downtown Community Improvement Plan Application DOW- 2022-001 4578-4588 Queen Street Applicant: Edward Pybus Recommendation(s) It is recommended that Council approve the Commercial Building and Façade Improvement Grant Application for 4578-4588 Queen Street, subject to the applicant satisfying the program requirements. Executive Summary The requested Commercial Building Improvement grant application can be supported as: • The roof repair is needed for the current and continued usage of the building; • The building improvements comply with the City’s grant program; and • The building improvement grant would total $8,911.00 with the City contributing one half of that amount and the Region contributing the other half. Background The subject property is located on the south side of Queen Street, west of Chrysler Avenue. The existing building contains 4 commercial units, currently a tattoo studio, personal trainer, and a retail clothing store which is in the process of expanding into the 4th unit. The applicant has identified that a portion of the roof is in need of repair, as it was not done properly in the past. Commercial Building Improvement Grant The Commercial Building Improvement Grant can provide a matching grant equivalent to 50% of the eligible building improvements or rehabilitation works up to a maximum of $10,000, whichever is less. As per the program requirements, the applicant has provided two quotes for a roof repair, with the lower quote equaling $17,822. If supported the grant would total $8,911. The City and Region (subject to funding availability) would both contribute to half of the estimated grant. Analysis The rehabilitation of the property through the needed repair of the roof meets the intent of the Downtown Community Improvement Plan (CIP). Page 1 of 4 Page 172 of 440 The repair work was recently completed by the applicant (December 2022). Technically, the CIP requires that Council approval be obtained prior to the initiation of eligible works, however Staff recognize that maintenance works, such as roof repairs, are time sensitive to prevent further damage and should not be subject to administrative delays related to Council reports. Further, it is important to note that the completed application, including photos, were submitted prior to the initiation of the repair works for this property as per the program requirements. Staff support the requested grant for the improvement of the commercial building. Financial Implications/Budget Impact The funding for this request will come from the Downtown CIP Special Purpose Reserve. This reserve has been established to provide funding for the City’s expenses related to qualified grants. There are sufficient funds available for the subject application. If approved, the recommended grant, of which the City's portion would equal $4,455.50, will result in an unencumbered balance of $230,003.00. Strategic/Departmental Alignment The approval of Application DOW-2022-001 will satisfy Council’s Strategic Priority by implementing the financial incentive programs under the Downtown CIP and will assist in the building rehabilitation within the City’s Downtown. List of Attachments SCHEDULE 1 - Location Map SCHEDULE 2 - Photos Written by: Francesca Berardi, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 31 Jan 2023 Kira Dolch, Director of Planning, Building & Development Approved - 31 Jan 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 2 of 4 Page 173 of 440 SCHEDULE 1 – LOCATION MAP 4578-4588 QUEEN ST. Page 3 of 4 Page 174 of 440 SCHEDULE 2 – INTERIOR AND EXTERIOR PHOTOS 4578-4588 QUEEN ST. Page 4 of 4 Page 175 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-03 Sunday, February 05, 2023 8.2 PBD-2023-07 Downtown Community Improvement Plan Application DOW-2022-001 4578-4588 Queen Street Applicant: Edward Pybus Council, If some of you get this gut feeling that something is just not right about this request your not alone. Oh don't get me wrong Eddy is a good guy, many of you most likely personally know him, after all he did volunteer his time to the Downtown BIA and if I recall even currently rents space to the organization. It does draw attention to the grander situation of funding landlords neglect of legislated responsibilities. That gut feeling if your getting it is, in order to get to this state of disrepair violations of the “Property Standards By-law” (attached) needed to occur (Relevant section below). The 8.3 item on the agenda, well that's a proper use of the program in both application and sprint of intent. Is the intent of this program to reward landlords (they do receive funds from tenants) for neglect of their properties. Councilor Strange's comments from the Budget meeting concerning people thinking they can now go to the pool and trip on the uneven surfaces and reap the rewards because it has happen before comes to mind. Page 176 of 440 Does this council intent to demonstrate that all landlords within the C.I.P. boundary can do the same and let their properties lapse into disrepair and then have the taxpayers of Niagara Falls repair their buildings. Oh I know you really want to help Eddy out, but just because he's a good guy and perhaps a good friend or acquaintance to some of you does not appear to make him a responsible landlord. I recommend not approving the application, this is not a good use of the C.I.P (attached)., it would sent the wrong signal that neglecting the “Property Standards By-law” is to be rewarded. Sorry Eddy, no hard feelings, I think your ok but as a Councilor I prescribe to the saying "nobody is above the law" and I am certainly not going to reward them for breaking it. I believe Councilor Patel should comment on this publicly, she is on the Property Standards Committee is she not. Councilor Campbell should probably refrain from discussing and voting on this one as the representative to the downtown BIA and Eddy's association to it. Page 177 of 440 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 178 of 440 City of Niagara Falls BY-LAW NO. 2015-101 A by-law to prescribe standards for the maintenance and occupancy of property within the City of Niagara Falls. WHEREAS the Council of The Corporation of the City of Niagara Falls has in effect, an official plan enacted pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, that includes policies relating to the maintenance and occupancy of property within the City of Niagara Falls; AND WHEREAS Section 15.1(3) of the Building Code Act 1992, S.O. 1992, c .23 as amended, provides that a by-law may be passed by the Council of a Municipality which has an Official Plan in effect that includes provisions relating to property, to prohibit the occupancy or use of property that does not conform with the standards and to require property that does not conform with standards or the site be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; AND WHEREAS Section 15.6(1) of the Building Code Act 1992, S.O. 1992, c .23 as amended, provides for the establishment of a Property Standards committee; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c .25 as amended, provides a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it desirable to enact such a by-law to establish standards for the occupancy and maintenance of certain buildings and properties, so that Owners and occupancies provide minimum standards for persons who may live at, attend or otherwise be affected by the conditions of the buildings and properties; AND WHEREAS it is deemed necessary to enact a by-law prescribing minimum standards for the maintenance and occupancy of property, to adopt a set of administration procedures and to appoint a Property Standards committee; AND WHEREAS Section 35.3 of the Ontario Heritage Act, R.S.O. 1990, c. O.18 as amended, provides that Council may, by by-law, prescribe minimum standards for the maintenance of the heritage attributes of property that has been designated by the municipality or the Minister; and require property that has been designated and that does not comply with the standards to be repaired and maintained to conform with the standards; AND WHEREAS Section 45.1 of the Ontario Heritage Act, R.S.O. 1990, c. O.18 as amended, provides that Council may, by by-law, prescribe minimum standards for the maintenance of the heritage attributes of property situated in a designated heritage conservation district; and require property situated in a designated heritage conservation district that does not comply with the standards to be repaired and maintained to conform with the standards. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Page 179 of 440 2 City of Niagara Falls By-law 2015-101 Property Standards By-law SECTION 1 GENERAL PROVISIONS 1.1 SHORT TITLE 1.1.1 This by-law shall be known as the “Property Standards By-law”. 1.2 DEFINITIONS 1.2.1 For the purpose of this by-law: (1) “accessory” when used to describe a use, a building or a structure, means a use, a building or a structure that is incidental, subordinate and exclusively devoted to a main use, a building or a structure, located on the same lot therewith and which not used or intended for use as a human habitation; (2) “Act” means the Building Code Act 1992, S.O. 1992, c.23 as amended; (3) “adequate” in respect to the provision of vital services at an occupied residential rental unit means that services are provided sufficient to allow for: (a) the refrigerating, freezing, preparing and cooking of food for human consumption; (b) the heating of the residential rental unit in accordance with the provisions of this by-law; (c) the washing of dishes and utensils used for food; (d) the operation of a toilet; (e) the cleansing and bathing of human beings; and (f) the lighting of the unit. (4) “basement” means that portion of a building between two floor levels, which is below grade, but which has at least on half of its height from the finished floor to the finished ceiling above the average level of the adjoining ground and has a minimum height of 2.1m [6’-11”] over at least 75% of its floor area; (5) “bathroom” means a room containing at least one toilet, one hand basin or lavatory and one bathtub or shower, or two rooms, which contain in total at least one toilet, one hand basin or lavatory and one bathtub or shower; (6) “bedroom” means a habitable room used by persons for sleeping purposes; (7) “building” means: (a) a structure occupying an area greater than then square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto; Page 180 of 440 3 City of Niagara Falls By-law 2015-101 Property Standards By-law (b) a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto; (c) plumbing not located in a structure; (d) a sewage system; or (e) structures designated in the Ontario Building Code. (8) “cellar” means that portion of a building between two floor levels which is partially or completely below ground and which has more than one half of its height from the finished floor to the finished ceiling below finished grade and has a minimum height of 2.1m [6’-11”] over at least 75% of its floor area; (9) “Chief Building Official” means the Chief Building Official of The Corporation of the City of Niagara Falls; (10) “City” means the municipality of the City of Niagara Falls; (11) “Committee” means the Property Standards Committee as established and continued by this by-law in accordance with Section 15.6 of the Building Code Act 1992, S.O. 1992, c .23, as amended; (12) “crawlspace” means that portion of a building between two floor levels, or between a floor level and the ground, which has a height over more than 75% of its area less than 2.1m [6’-11”]; (13) “dwelling unit” means a suite operated as a housekeeping unit, used or intended to be used by one or more persons usually containing cooking, eating, living, sleeping and sanitary facilities and shall include a building that would be considered a dwelling unit except for its state or repair; (14) “exit” means that part of a means of egress, including doorways, that leads from the floor area it serves to a separate building, an open public thoroughfare or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare. (15) “fire resistance rating” means the time in minutes or hours that a material or assembly or materials will withstand the passage of flame and the transmission of heat when exposed to fire under specified conditions of test and performance criteria, or as determined by extension or interpretation of information derived from that test and performance as prescribed in the Ontario Building Code; (16) “floor area” means the space on any storey of a building between exterior walls and required firewalls and includes the space occupied by interior walls and partitions, but does not include exits and vertical spaces that penetrate the storey; (17) “grade” means the average level of proposed or finished grade adjoining a building at all exterior walls; Page 181 of 440 4 City of Niagara Falls By-law 2015-101 Property Standards By-law (18) “guard” means a protective barrier with or without openings through it, that is around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways, or other locations to prevent accidental falls from one level to another; (19) “habitable room” means any room used or intended to be used for living, sleeping, cooking or eating purposes and without limiting the foregoing shall include den, library, sewing room, sunroom or recreational room or any combination thereof; (20) “heating system” means a device to convert fuel into energy and includes all components, controls, wiring, duct work, and piping required to be part of the device by the applicable standards referenced to in the Ontario Building Code; (21) “Ontario Heritage Act” means the Ontario Heritage Act, R.S.O. 1990, c. O.18 as amended; (22) “heritage attribute” means: (a) the attribute(s) or feature(s) of property, buildings or structures that contribute to the property’s cultural heritage value or interest that are defined or described or that can be reasonably inferred: (i) in a by-law designating a property passed under section 29 of the Ontario Heritage Act and identified as heritage attributes, values, reasons for designation, or otherwise; (ii) in a Minister’s Order made under section 34.5 of the Ontario Heritage Act and identified as heritage attributes, values, reasons for designation, or otherwise; (iii) in a by-law designating a heritage conservation district passed under section 41 of the Ontario Heritage Act and identified as heritage attributes, values, reasons for designation or otherwise; or (iv) in the supporting documentation required for a by-law designating a heritage conservation district, including but not limited to a heritage conservation district plan, assessment or inventory, and identified as heritage attributes, reason for designation or otherwise. (23) “heritage property” means any real property including all buildings and structures thereon, in the City of Niagara Falls that: (a) has been designated by the City under section 29 or by the Minister under 34.5 of the Ontario Heritage Act; or (b) is located within a heritage conservation district that has been designated by the City under section 41 of the Ontario Heritage Act. Page 182 of 440 5 City of Niagara Falls By-law 2015-101 Property Standards By-law (24) “kitchen” means a room equipped with a sink and equipped with electricity and necessary utilities suitable for the operation of a refrigerator and cooking stove; (25) “landlord” shall be as defined in the Residential Tenancies Act S.O. 2006, Chapter 17 as amended from time to time and any successor legislation to that Act; (26) “means of egress” means a continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp, or other facility or combination thereof provided for the escape of persons from a building, dwelling unit, floor area, contained open space or room to a public thoroughfare, street, lane, yard or other approved open space at grade level. Egress shall include exits and access to exits while elevators and windows which do not comply with the requirements of this by-law shall not be considered as acceptable means of egress; (27) “multiple dwelling” means a building containing three or more dwelling units; (28) “non-habitable room” means any room in a dwelling unit other than a habitable room and includes any bathroom, laundry, pantry, lobby, communicating corridor, stairway, closet, crawlspace, boiler room or other space for service and maintenance of the dwelling unit or the public use, or for access, or for vertical travel between storeys as well as basements and cellars or for the parts thereof which do not comply with the standards of fitness for occupancy as set out in this by-law; (29) “non-residential property” means a building or structure or part thereof of a building or structure not occupied or used in whole or in part for the purpose of human habitation and includes the lands and premises appurtenant thereto and all accessory buildings, outbuildings, steps, walks, walkways, driveways, parking spaces or erections thereon or therein, and includes vacant non- residential property; (30) “occupancy” means the use of intended use of a building or part thereof of a building for the shelter or support of persons, animals or property; (31) “occupant” means any person or persons over the age of 18 years in possession of the property; (32) “occupied” means the tenant is actively residing in the residential rental unit; (33) “Officer” means an Officer appointed by by-law and assigned the duties for enforcing and/or administering this by-law and shall also include a Building Inspector and the Chief Building Official; (34) “Ontario Building Code” means the regulation established through the Act and any amendments and/or alterations made under that Act; (35) “Order” means an Order made under the corresponding section(s) of this by- law; Page 183 of 440 6 City of Niagara Falls By-law 2015-101 Property Standards By-law (36) “Owner means” (a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, or who would so receive the rent if such land or premises were let, and (b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of the property; (37) “person” means and includes an individual, firm, corporation, association or partnership and includes an occupant or an Owner of a property; (38) “potable water” means water that is fit for human consumption; (39) “property” means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out buildings and erections thereon whether heretofore or hereafter erected, and includes vacant lands. For the purpose of this by-law, property can be subdivided into the following categories; (a) Non-residential property; (b) Residential property; or (c) Vacant lands; (40) “repair” means the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standard established in this by-law; (41) “residential property” means any property that is designated for use, is used or is capable of being used as a dwelling unit or group of dwelling units and includes any land or buildings that are appurtenant to such establishment including but not limited to all steps, walks, driveways, parking spaces and yards; (42) “residential rental unit” means a building or part thereof that is rented to leased as a dwelling unit; (43) “room heater equipment” means a supplemental heating device other than the required primary heating system used to heat any room or space; (44) “sanitary sewage” means: (a) Liquid or water borne waste: (i) of industrial or commercial origin; or Page 184 of 440 7 City of Niagara Falls By-law 2015-101 Property Standards By-law (ii) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste; or (b) liquid or water borne waste discharged from a public pool to a drain. (45) “sewage system” means a public sewer or private sewage disposal system; (46) “storey” means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it; (47) “supplier of vital service” means a person who carries on the business of or whose business includes supplying a vital service to an end user, and includes: (a) Niagara Peninsula Energy Inc. for the provision of electricity; (b) Enbridge Inc. for the provision of natural gas; or (c) The Corporation of the City of Niagara Falls for the provision of water. (48) “system used for the distribution” includes all parts of a system owned or supplied by a landlord and located in a building for the purpose of supplying and distributing a vital service to a residential rental unit; (49) “tenancy agreement” means an agreement between a tenant and a landlord for possession of a residential rental unit, whether written, oral or implied, and includes a licence to occupy the premises; (50) “tenant” includes a person who is lessee, occupant, sub-tenant, under-tenant, border, roomer, and lodger and the person’s assigns and legal representatives; (51) “toilet room” means a room containing a water closet or toilet; (52) “vacant lands” means property on which there are no buildings and / or having no established land uses; (53) “vital service” means fuel, electricity, gas, hot water, water and steam; (54) “yard” means land, other than publicly owned land, around and appurtenant to the whole or any part of a building or structure and used, intended to be used or capable of being used in connection therewith. 1.3 INTERPRETATION 1.3.1 In this by-law statutory references are to statutes of Ontario and the regulations made thereunder and shall be deemed to refer to such statutes and regulations as amended, consolidated, re-enacted and in force from time to time. Page 185 of 440 8 City of Niagara Falls By-law 2015-101 Property Standards By-law 1.3.2 In this by-law the numbering system shall be referenced in accordance with the following: 1 ............................... section 1.1 ............................ subsection 1.1.1.......................... article 1.1.1(1) ..................... sentence 1.1.1(1)(a) ................. clause 1.3.3 This by-law shall be read with all changes of gender and number required by the context or circumstances. 1.4 APPLICATION 1.4.1 Every Owner of property situated within the City of Niagara Falls shall maintain such property to the applicable minimum standards prescribed by this by-law. 1.4.2 The Property Standards set forth in Section 2 of this by-law are hereby prescribed as the general minimum standards for the maintenance and occupancy of property. Section 2 applies to all properties in the City of Niagara Falls, regardless of property type or use. 1.4.3 In addition to the maintenance standards prescribed in Section 2 of this by-law, the Property Standards set forth in Section 3 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all residential properties in the City of Niagara Falls. 1.4.4 In addition to the maintenance standards prescribed in Section 2 of this by-law, the Property Standards set forth in Section 4 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all non- residential properties in the City of Niagara Falls. 1.4.5 In addition to the maintenance standards prescribed in Sections 2, 3 and 4 of this by- law, the Property Standards set forth in Section 5 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all heritage property in the City of Niagara Falls. 1.4.6 In addition to the maintenance standards prescribed in Sections 2, 3, and 4, and except for property subject to the provisions of Section 5 of this by-law, the Property Standards set forth in Section 6 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all vacant lands, parking lots and demolitions in the City of Niagara Falls. 1.4.7 Where a building or property contains a mix or combination of uses as described above, the applicable standards as identified in this by-law shall apply in accordance with the section corresponding with the identified occupancy type. 1.4.8 Where references are made in this by-law to the Ontario Building Code and requirements or provisions therein, the regulation established in this by-law shall require conformance to the standard as set out in the Ontario Building Code for new Page 186 of 440 9 City of Niagara Falls By-law 2015-101 Property Standards By-law construction as of the date of any action taken by the City to enforce or administer this by-law, despite the age or installation date of the item being regulated. SECTION 2 PROPERTY STANDARDS – ALL PROPERTIES 2.1 MAINTENANCE OF YARDS AND EXTERIOR PATHS OF TRAVEL 2.1.1 No yard shall contain dilapidated, collapsed or partially constructed structures which are not currently under construction. 2.1.2 A hard surface walk shall be provided from every dwelling unit to the street, or to a hard surfaced driveway that connects to the street. 2.1.3 Every yard shall be kept clear of dead, decayed or damaged trees 2.1.4 All trees or parts thereof that have expired shall be removed or maintained in a condition which is not hazardous to persons expected to be on or about the property. 2.1.5 All hedges and brush shall be kept trimmed so as not to encumber or encroach upon private walks, driveways and exterior means of egress 2.1.6 Where an outdoor swimming pool is present on any property and is determined by an Officer to be abandoned, the Officer may cause the Owner of the outdoor swimming pool to make repairs or other requirements necessary to maintain the pool in proper working condition or to remove the outdoor swimming pool from the property. 2.2 DRAINAGE 2.2.1 All yards shall be provided and maintained with adequate surface water drainage, including suitable provisions for its disposal without causing erosion, so as to prevent recurrent ponding or the intrusion of water in any basement, cellar or crawlspace. 2.2.2 Roof drainage or discharge from a sump pump shall not be permitted to discharge to a sidewalk, stair, neighbouring property, street or sanitary sewer system. 2.3 RETAINING WALLS AND ACCESSORY STRUCTURES 2.3.1 All retaining walls and accessory buildings shall be kept in good repair and free from health and safety hazards and shall be protected by paint, preservative or other weather resistant material. 2.3.2 Every retaining wall or part thereof shall be structurally sound and maintained in that condition so that it has sufficient capacity to resist safely and effectively all loads and the effects of loads and influences that may reasonably be expected, having regard to its expected use and service life. 2.3.3 Every retaining wall or accessory building not maintained in accordance with these standards shall be repaired or removed in accordance with the provisions of this by- law. Page 187 of 440 10 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.4 PEST PREVENTION 2.4.1 All buildings shall be kept free of conditions that would permit or cause an infestation of rodents, vermin and insects. Methods used for exterminating rodents, vermin or insects shall be in accordance with the provisions of the Environmental Protect Act, the Pesticides Act and any other applicable regulations, acts or municipal by-laws. 2.4.2 Windows used or required for ventilation and every opening in an exterior wall, floor, roof or foundation which could permit the entry of rodents, vermin and inse cts, shall be screened with wire mesh or such other material as will effectively exclude the same. 2.4.3 For the purpose of this subsection an infestation includes the presence of one rat or mouse, but excludes a domesticated mouse or rat and in the case of insects means the presence of a breeding population of insects, and in the case of wasps, hornets or bees includes the presence of any occupied nest on the interior or attached to the exterior of a dwelling unit. 2.5 STRUCTURAL SOUNDNESS 2.5.1 Every structural component in every building including but not limited to all studs, slabs, joists, rafters, trusses, joists, ties, sheathing, beams, and columns shall be of sound material and adequate for the load to which they are subject. 2.5.2 Every component that contributes to the structural stability of a building shall be maintained in a sound condition so as to: (1) be capable of sustaining safely its own weight and any additional load to which it normally may be subject; (2) be capable of safely accommodating all normal structural movements without damage, decay or deterioration; (3) prevent the entry of moisture that would contribute to damage, fungus, mold growth, decay or deterioration; (4) be capable of safely and adequately performing its function subject to all reasonable serviceability requirements; and (5) have a factor of safety as set out by the standards in the Ontario Building Code. 2.5.3 All exterior surfaces of buildings, structures and retaining walls including mobile structures and buildings, shall be of materials which resist deterioration by the weather or have resistance coating applied to them. 2.5.4 The exterior walls, chimneys, roofs and other parts of buildings, structures and retaining walls including mobile structures and buildings on the property shall be free from loose or insufficiently secured, rotten, warped or broken materials and objects. Such material and objects shall be removed, repaired or replaced. Page 188 of 440 11 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.6 FOUNDATIONS 2.6.1 The foundation walls and basement, cellar or crawlspace floors shall be maintained in good repair and be structurally sound. 2.6.2 Every basement, cellar, and crawlspace on a property shall be maintained in watertight conditions so as to prevent the leakage of water into the building. 2.6.3 Foundation walls of a building shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Maintenance includes the shoring of walls to prevent settling, installing subsoil drains where necessary at the footings, grouting masonry cracks, dampproofing and waterproofing of walls, joints and floors. 2.6.4 Every building, unless of concrete slab-on-grade design, shall rest upon full foundation walls or piers, and all footings, foundation walls, and piers shall be of concrete, masonry, wood, steel or other material acceptable for construction under the standards set out in the Ontario Building Code and shall be sound, reasonably plumb, level and adequate to carry the loads imposed on them. 2.7 EXTERIOR WALLS 2.7.1 Exterior walls and their components shall be maintained so as to prevent their deterioration. 2.7.2 For purposes of compliance with article 2.7.1, walls shall be so maintained, by the painting, restoring, cladding with an exterior finish or by repairing of the walls, coping or flashing by the waterproofing of joints and the walls themselves. 2.7.3 Exteriors of buildings shall be: (1) kept weather resistant through the use of caulking and other appropriate weather resistant materials; and (2) maintained to prevent their deterioration due to weather and rodents, insects or vermin and where necessary, shall be so maintained by the painting, restoring, or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weather tight finishing or the installation of termite shields if required. Page 189 of 440 12 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.7.4 Without limiting the generality of the foregoing, the weather tight finishing or an exterior wall shall include the following: (1) the application of a weather resistant material to all exterior wood and metal work; (2) the restoring, repairing or replacing of the exterior wall, brick and mortar, stucco lathing and plaster, cladding, coping and flashing; and (3) the waterproofing of the exterior walls and joints. 2.7.5 All exterior surfaces which have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 2.7.6 All exterior flashing, ducts or other metal materials shall be kept free from rust by application of a suitable protective material such as paint, and shall be replaced when such application is impractical or ineffective. 2.7.7 Exterior walls and their components shall be repaired of vandalism or other damage, including defacements by paint, inscriptions or other markings as well as broken windows. 2.7.8 Exterior walls of a building or structure, and their components shall be maintained so as to be free of posters or advertisements; (1) which are for the giving of notice for an event that has already occurred, or where the message contained is not readable due to damage or deterioration to the poster or its content; or (2) which is loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter; or (3) in accordance with the provisions of any municipal by-law regulating signage in the City of Niagara Falls. 2.8 ROOFS 2.8.1 All roofs including the fascia board, soffit, cornice and flashings shall be maintained in a watertight condition to prevent leakage of water into the building, where necessary by the repair of roofs and flashing and application of waterproofed coatings or coverings without the use of tarping unless authorized by the Chief Building Official. 2.8.2 All roofs shall be maintained: (1) free from loose or unsecured objects or materials; (2) free from excessive or dangerous accumulations of snow, ice or both; Page 190 of 440 13 City of Niagara Falls By-law 2015-101 Property Standards By-law (3) in a water tight condition so as to prevent the leakage of water into the building or structure; (4) free from conditions causing or contributing to leaks or being detrimental to the appearance of the buildings; (5) so that any roof decks and related guards are in good repair and structurally sound; and (6) free from all other safety, fire and health hazards. 2.8.3 All structural components of a roof shall provide adequate support for all design loads and form a suitable base for the roof covering, and where the roof is subjected to a load for which it may be inadequate, the roof shall be cleared of the load to prevent collapse or structural damage. 2.8.4 Eavestrough, downspouts, roof drains and rain water leaders shall be installed and maintained in good repair to be: (1) watertight and free from leaks; (2) in good working order, and free from obstructions; (3) in a stable condition and shall be securely fastened to the structure; (4) kept free from rust by application of a suitable protective material such as paint, and shall be replaced when such application is impractical or ineffective; (5) installed in a manner to discharge water onto the ground away from the building, sidewalks or stairs and so not to negatively affect neighbouring properties; and (6) free from conditions which pose a health and safety hazard. 2.9 WALLS, CEILINGS AND FLOORS 2.9.1 Every wall, ceiling and floor in a building shall be maintained so as to be easily cleaned and shall be maintained in good repair and free of holes, cracks, loose covering or other defects which may create an unsafe condition or would permit flame, excessive heat or water, to enter the adjacent spaces. 2.9.2 Finished flooring in bathrooms, kitchens, public entrance halls, laundry and general storage areas shall consist of resilient flooring, felted-synthetic-fibre floor coverings, concrete, terrazzo, ceramic tile, mastic or other types of flooring providing similar degrees of water resistance. 2.9.3 Every basement, cellar and crawlspace shall have a floor of suitable material to ensure water drainage and to guard against the entry to vermin and pests. 2.9.4 Where walls, floors or ceilings form part of an assembly having and / or requiring a rating against fire or smoke, they shall be maintained in such a manner to preserve Page 191 of 440 14 City of Niagara Falls By-law 2015-101 Property Standards By-law the fire resistance rating as established by the standards set out in the Ontario Building Code. 2.9.5 Every building shall be constructed or otherwise separated to prevent the passage of smoke, flames, fumes, and gases from that part of the building which is not used, designed or intended to be used for human habitation into other parts of the building used for habitation. Such separations shall conform with the standards as set out in the Ontario Building Code. 2.9.6 Where a wall, floor or ceiling assembly would be required, if it were newly constructed, to have a fire resistance rating in accordance with standards as set out in the Ontario Building Code, fire dampers shall be installed in any ducting which penetrates such an assembly in a manner that would maintain the standard for fire resistance rating of the subject assembly. 2.9.7 Any door installed in a wall assembly that would be required, if it were newly constructed, to have a fire resistance rating in accordance with the standards as set out in the Ontario Building Code, shall possess the stipulated fire protection rating as set in the standards established by the Ontario Building Code for doors installed in such assemblies. 2.10 DOORS AND WINDOWS 2.10.1 Exterior doors, windows, skylights, doors, or hatchways including storm and screen doors and storm windows shall be maintained in good repair and weather tight and shall be free from: (1) rotten or defective members; (2) defective hardware; (3) torn or damaged screens; (4) defective weatherstripping or caulking; (5) defective storm or screen doors; (6) defective frames, casings and sashes; and (7) missing or broken glass. 2.10.2 All doors installed to repair or replace existing doors shall meet the provisions and standards as set out in the Ontario Building Code. 2.10.3 All exterior openings for doors and windows shall be fitted with suitable doors or windows, or shall be filled in with an assembly conforming with the requirements of the exterior wall in which the opening exists. 2.10.4 All doors, door frames, windows, window frames, sashes, casings, and associated caulking and weatherstripping that have been damaged or show evidence of rot or deterioration shall be sealed, repaired, replaced and / or painted. Page 192 of 440 15 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.11 STAIRS, BALCONIES, PORCHES AND OTHER PLATFORMS 2.11.1 Every interior or exterior stair, porch, balcony or landing available for use shall be properly and safely anchored to their structural support and maintained in good repair so as to be free of holes, cracks or other defects constituting possible safety hazards. All treads, risers and / or supporting structure that show excessive wear, are broken, warped or loose, are rotten or deteriorated shall be repaired or replaced. 2.11.2 The slope of treads shall not exceed 1 in 50. 2.11.3 So as to provide protection against accident or injury; handrails, balustrades and guards shall be installed and maintained in good repair to the standard to which they were legally built or to the standard set out in the Ontario Building Code where so required at the discretion of the Chief Building Official. 2.11.4 Every porch, balcony, landing, raised floor, mezzanine, gallery, raised walkway or roof to which access is provided for other than maintenance purposes, shall be protected by guards on all open sides where the difference in elevation between adjacent walking surfaces exceeds 600mm [23”], and every exterior stair with more than three (3) risers shall be protected with guards on all open sides where the difference is elevation between the adjacent ground level and the stair exceeds 600mm [23”]. 2.11.5 Except for existing guards that have been maintained in good condition and are minimum height of 900mm [33”], all guards, including those that are required to be replaced due to their deteriorated condition or to be installed to conform to article 3.2.1, shall be constructed to meet the standards as set out in the Ontario Building Code and all such guards shall be maintained in good repair at all times. 2.12 PLUMBING AND SEWAGE 2.12.1 Where a plumbing system is installed it shall be maintained in good working order and free from leaks and defects. 2.12.2 Every plumbing fixture in a plumbing system shall be connected to a sewage system through water seal traps. 2.12.3 All water supply pipes and appurtenances thereto shall be protected from freezing. 2.12.4 Sanitary sewage shall be discharged into the municipal sanitary sewer where such a system is available, and where a municipal sanitary sewer is not available, the sewage shall be disposed of in a manner that meets the standards as set out in the Ontario Building Code for private on-site sewage systems. 2.13 ELECTRICAL AND LIGHTING 2.13.1 In every building, electrical wiring, conduit, and all other systems or devices associated with the electrical services shall be in compliance with and maintained according to the regulations made by the Electrical Safety Authority pursuant to the Electricity Act. S.O. 1998, c.15, as amended. Page 193 of 440 16 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.13.2 All fuses, breakers, or circuits relate to the electrical system shall not be used in a manner that would exceed the limits established for the related device or system by the Electrical Safety Authority. 2.13.3 The interior and exterior lighting that is visible on the exterior of any building shall be placed and maintained, or have a barrier or shade placed and maintained so as to prevent or block direct illumination of the interior of a dwelling unit on adjacent property regardless of whether such dwelling unit has or may have interior window coverings except for: (1) lighting located by a road authority; (2) lighting located on property owned or occupied by a municipal, provincial or federal government or authority; (3) light fixtures used in conjunction with commercial, industrial, institutional, agricultural or recreational uses that shall to be turned off at any time the use is not actually being conducted, but may require the redirection, movement or the placing of shades or barriers to comply with the standards established in this subsection; (4) illuminated outdoor advertising signage that may be turned off at any time the business is not open to the public, but may require the redirection, movement or the placing of shades or barriers to comply with the standards established in this subsection; or (5) lighting fixtures used to illuminate any area for emergency, security or public safety purposes that may be turned off any time the illumination is unnecessary for the purposes, but may require the redirection, movement or the placing of shades or barriers to comply with the standards of this subsection. 2.13.4 If exterior lighting is provided for exterior steps, walks, loading docks, ramps, parking spaces, driveways and similar areas of a yard of a property, the exterior lighting and their supports and connections thereto shall be maintained and kept in a safe condition, in good repair and in good working order to provide adequate light. 2.13.5 Without limiting the generality of the foregoing, for the purposes of determining adequacy of lighting levels for compliance with this by-law, minimum lighting levels shall meet or exceed the levels listed below for the areas identified. Room or Space Minimum Illumination (lx) Minimum Lighting Power Density (W/m2 of floor area) storage rooms and garages 50 5 service rooms and laundry areas 200 20 bathrooms 100 10 Page 194 of 440 17 City of Niagara Falls By-law 2015-101 Property Standards By-law Room or Space Minimum Illumination (lx) Minimum Lighting Power Density (W/m2 of floor area) hallways, stairways, exits, public corridors and corridors providing access to exit for the public 50 5 2.14 HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS 2.14.1 Any heating, ventilation and/or air conditioning system and all associated mechanical equipment, piping, ducting and other accessory equipment to such systems shall be installed, operated and maintained: (1) in good working order; (2) to prevent the ingress of smoke or gases into the building; (3) free from any conditions that would cause any associated devices from generating noise levels beyond that of the acceptable standard in place when the unit was installed; (4) in a safe mechanical and / or electrical condition free from unsafe conditions; and (5) to meet the standards as set out in the Ontario Building Code and any other applicable standard or regulation. 2.14.2 A heating appliance shall not be located in corridors, hallways or other means of egress. 2.14.3 Except in the event of an emergency, no occupied building shall be equipped with room heater equipment as the primary source of heat. 2.14.4 No room heater equipment shall be placed: (1) so as to constitute a fire hazard to walls, window coverings or furniture; (2) so as to impede free movement of persons in the dwelling unit; and (3) in such location that nearby combustible materials or structural members exceed a safe temperature. 2.14.5 All heating and cooking apparatus or equipment involving combustion shall be properly connected, by rigid and permanently sealed connections: (1) to a chimney or flue which provides sufficient outlet for the escape of noxious gases; and (2) to the fuel supply line. Page 195 of 440 18 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.14.6 Any fuel burning heating equipment used in any building shall be properly vented to outside air by means of a Canadian Standards Association (CSA) approved or Ontario Building Code compliant smoke pipe, vent pipe or chimney. 2.14.7 Where a heating system or part thereof, or any auxiliary heating system, burns solid or liquid fuel, a place or receptacle for the storage of the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free from fire, health and safety hazards. 2.14.8 Air conditioners shall be equipped with adequate devices for the prevention of condensation drainage on to entrance areas, sidewalks, pathways or public spaces. 2.14.9 Cooling water from water-cooled equipment shall not be discharged onto driveways, walkways or other areas used for pedestrian or vehicular traffic, or in such manner that it may cause damage to the walls, foundations or other parts of a building. 2.14.10 The discharge of cooling water from all water-cooled equipment shall be made to a proper drainage system and shall be connected in accordance with all applicable regulations or standards. 2.15 FIREPLACES AND CHIMNEYS 2.15.1 Fireplaces and similar devices or appliances used or intended to be used for the burning of fuel, shall be connected to an approved chimney, smoke pipe, flue or gas vent and shall be installed so that combustible material and structural members in proximity to the unit are not heated beyond safe temperatures. 2.15.2 Fireplaces and similar devices or appliances used or intended to be used for the burning of fuel, shall be provided with and capable of drawing a sufficient amount of combustion air. 2.15.3 Any device identified in article 2.15.1, shall be installed in accordance with the provisions of the manufacturer’s specifications and installation instructions and/or shall meet the standards as set out in the Ontario Building Code for newly installed / constructed fireplaces. 2.15.4 Every chimney, smoke pipe, flue and gas vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members beyond safe temperatures. Page 196 of 440 19 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.15.5 Every chimney, smoke pipe, flue and gas vent in use or available for use in any building shall be: (1) installed in accordance with the manufacturer’s specifications; (2) installed and maintained to prevent the escape of smoke or gases into the dwelling unit; (3) free of obstructions; (4) free from open joints; and (5) in good repair. 2.16 VENTILATION 2.16.1 Where a system of mechanical ventilation is provided, all components including but not limited to ducting, intake and exhaust shall be installed to meet the standards as set out in the Ontario Building Code and with good engineering practices. 2.17 SERVICE ROOMS 2.17.1 Any space that contains a heating unit shall have natural or mechanical means of supplying air by ventilation ducts from the exterior in such quantities as required by the heating unit for combustion to maintain operation of the unit in accordance with the manufacturer’s specifications. 2.17.2 In every building with a common heating system, such system shall be located in a separate room, having floors, walls, ceilings, and doors constructed with a fire resistance rating to meet the standards as set out in the Ontario Building Code. 2.17.3 Any service room that contains fuel burning appliances shall not be used for the storage of fuels or any other such material and shall be kept clear of all garbage, debris and rubbish. 2.18 BATHROOM OR TOILET ROOM FACILITIES 2.18.1 All bathrooms and toilet rooms shall be fully enclosed and shall have a door capable of being closed so as to provide privacy for the occupant of the room. 2.18.2 A lavatory or hand wash basin shall be provided in the same room as each toilet or in an adjoining bathroom provided that a kitchen sink shall not be considered a hand wash basin for the purpose of this article. Page 197 of 440 20 City of Niagara Falls By-law 2015-101 Property Standards By-law 2.19 KITCHEN FACILITIES 2.19.1 Every kitchen shall be equipped with: (1) a kitchen sink that: (a) is provided with a potable cold and hot water supply; and (b) is maintained in a state of good repair. (2) when equipped with a refrigerator, cooking or other appliance, such appliance shall be maintained in good repair and good working order; (3) have a clear space above any exposed cooking surface of a cooking appliance of at least 0.6m [24”]; (4) without effecting the requirements of sentence 3.9.2(3) or article 4.8.1, have space sufficient to accommodate a cooking range or countertop-cooking unit, beside or in the countertop and without placing the device in a doorway or means of egress. 2.20 MEANS OF EGRESS AND EXITS 2.20.1 Every building shall have a safe, continuous and unobstructed passage from the interior of the building to the exterior at the street or grade level to meet the standards as set out in the Ontario Building Code. 2.20.2 Every means of egress and exit shall be maintained in good repair and free of objects, obstructions or conditions which may constitute a health or safety hazard. 2.21 ELEVATING DEVICES 2.21.1 Where an elevating devices is provided the elevating device including; all parts, lighting fixtures, lamps, elevator buttons, floor indicators and ventilator fans shall be maintained in good repair and be operational. 2.21.2 Article 2.21.1 does not require the installation of an elevating device where one does not already exist but does require that any building currently possessing an elevating device continue to have such device maintained in accordance with the standards so provided. 2.21.3 All elevating devices shall be approved for use through the issuance of an Ontario Elevating Device Licence in accordance with the standards set out and administered by the Technical Standards and Safety Act (TSSA). Page 198 of 440 21 City of Niagara Falls By-law 2015-101 Property Standards By-law SECTION 3 SUPPLEMENTAL STANDARDS – RESIDENTIAL PROPERTIES 3.1 DOORS AND WINDOWS 3.1.1 In every dwelling unit at least one entrance door shall be capable of being locked from both the interior and exterior of the dwelling unit but readily openable from the interior of the dwelling unit without the use of keys or tools. 3.1.2 Notwithstanding the requirements of article 3.1.1, any exterior doors or windows intended to be opened shall be equipped with hardware capable of being locked or otherwise secured from the interior of the building, however they shall be capable of being readily opened from the interior without the use of keys. 3.1.3 In any building of a multiple dwelling residential property protection shall be provided at windows to minimize potential health and safety hazards in accordance with the following: (1) fixed windows within dwelling units that extend to less than 1m [3’-3”] from the floor shall be protected by a guard at least 1m [3’-3”] above the floor, or shall be designed to withstand the lateral design loads for balcony guards to meet the standards as set out in the Ontario Building Code. (2) Except as provide for in sentence (4), in a dwelling unit any window located more than 2m [6’-7”] above grade that opens within 1.5m [4’-11”] of the floor shall be protected by: (3) A guard meeting the standards as set out in the Ontario Building Code; (4) A controlled sash operation to restrict, when engaged, the opening of the operable sash to not more than 0.1m [4”], and a heavy duty screen the standards for such screens as set out in the Ontario Building Code; or (5) By an alternative device that does not reduce the degree of safety provided by clauses (a) or (b). (6) Protection of a window need not be provided in a dwelling unit where an exterior balcony is constructed for the full length of a window. (7) In any multiple dwelling residential property building where there is a voice communication unit which works in conjunction with a security locking and release system controlling a particular entrance area, they said system shall be maintained in good working order at all times. 3.1.4 Doors between a dwelling unit and public hallways and/or common spaces shall be installed to meet the standards for such doors as set out in the Ontario Building Code. 3.1.5 Every window in a dwelling unit designed to be opened shall be fitted with appropriate screens to prevent the ingress of rodents, vermin and insects and the screens shall be maintained in good repair. Page 199 of 440 22 City of Niagara Falls By-law 2015-101 Property Standards By-law 3.1.6 Except as required by article 3.12.1, the minimum window glass area for rooms in dwelling units shall conform with the following table: Minimum Unobstructed Glass Area Location With No Electric Light With Electric Light laundry, basement recreation room, unfinished basement 4% of area served windows not required bathroom, toilet room 0.37m2 [4ft2] windows not required kitchen 10% of area served windows not required Living room and dining room 10% of area served 10% of area served bedroom and other finished rooms not mentioned above 5% of area served 5% of area served 3.2 STAIRS, BALCONIES, PORCHES AND OTHER PLATFORMS 3.2.1 Handrails shall be installed and maintained in good repair on all stairs within dwelling units that have more than two (2) risers and on all other stairs having more than three (3) risers. 3.2.2 Handrails shall be located between 810mm [32”] and 920mm [36”] measured vertically above a line drawn through the outside edges of stair nosings. 3.2.3 Handrails shall be provided on both sides of stairs where the width of the stairs is greater than 1100mm [43”]. 3.2.4 Risers within any one flight of stairs shall have a uniform height with a maximum tolerance of: (1) 5mm [3/16”] between adjacent treads or landings; and (2) 10mm [3/8”] between the tallest and shortest risers in a flight. 3.2.5 Notwithstanding the provisions of article 3.2.4, where the top or bottom riser in a stair adjoins a sloping finished walking surface such as a garage floor, driveway or sidewalk, the height of the riser across the stair shall vary by not more than 1 in 12. 3.2.6 Treads shall have uniform run with a maximum tolerance of: (1) 5mm [3/16”] between adjacent treads; and (2) 10mm [3/8”] between the deepest and shallowest treads in a flight. 3.2.7 Every multiple dwelling residential building shall have all unenclosed balconies, porches, interior or exterior hallways, stairways or common areas kept free of garbage, debris, furniture or appliances, except that outdoor furniture is permitted on a balcony or porch. Page 200 of 440 23 City of Niagara Falls By-law 2015-101 Property Standards By-law 3.3 PLUMBING AND SEWAGE 3.3.1 Every dwelling unit shall be provided with an approved supply of potable water from at least one of the following sources in accordance with the Clean Water Act: (1) a municipal drinking water system; (2) a communal drinking water system; or (3) a private water source. 3.3.2 Every dwelling unit shall be provided with a sanitary drainage system that is connected to: (1) a public sanitary sewer; or (2) a private sewage disposal system. 3.3.3 Where a public sanitary sewer connection is available for use by the property, a private sewage disposal system shall be prohibited from use and connection to the public sanitary sewer must be made. 3.3.4 Every dwelling unit shall contain plumbing fixtures in good repair and in operative condition, consisting of a minimum of: (1) one (1) kitchen sink; (2) one (1) water closet; (3) one (1) hand wash basin; and (4) one (1) bathtub or shower. 3.3.5 Every sink, wash basin, lavatory, bathtub or shower required by this by-law to be installed and maintained in a dwelling unit shall have an adequate supply of both hot and cold water with a flow and pressure sufficient for the intended use of the fixture. 3.3.6 Every toilet required by this by-law to be installed and maintained in a dwelling unit shall have an adequate supply of cold water. 3.3.7 The maximum temperature of hot water supplied to any plumbing fixture, except for installed dishwashers and clothes washers, in any dwelling unit shall be 49°C [120°F]. 3.3.8 A toilet or urinal shall not be located within a dwelling unit in a room used for: (1) the preparation, cooking, storing or consumption of food; or (2) sleeping purposes. Page 201 of 440 24 City of Niagara Falls By-law 2015-101 Property Standards By-law 3.4 ELECTRICAL AND LIGHTING 3.4.1 Where electrical services are available, every dwelling unit shall be: (1) connected to an approved electrical supply system; and (2) wired to receive electricity. 3.4.2 Every habitable room in a dwelling unit shall have at least one electrical duplex receptacle for each 11.1 m2 of floor space and one additional duplex receptacle for each additional 9.3 m2 of floor area. 3.4.3 Every dwelling unit shall be equipped with an illuminating device capable of providing an adequate level of illumination in every bathroom, laundry room, hallway, stairway, service room. 3.4.4 Every dwelling unit shall be equipped with an illuminating device capable of providing a level of illumination of 10 lx for every exterior entrance doorway. 3.5 HEATING AND COOLING SYSTEMS 3.5.1 Every dwelling unit shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than: (1) 22°C [72°F] in all habitable rooms and interior living spaces (excluding attached garages); (2) 22°C [72°F] in unfinished basement spaces; and (3) 15°C [59°F] in heated crawlspaces. 3.5.2 The indoor air temperatures specified in article 3.5.1 are to be maintained between the 15th day of September of one year and the 31st day of May the following year, unless otherwise specified by the Chief Building Official. 3.5.3 For the purpose of article 3.5.1, heat shall be provided and maintained so that the room temperature at 1.5m [5’] above the floor and 1m [39”] form the exterior walls in all habitable rooms and in any area intended for use by occupants including bathrooms, toilet rooms, laundry rooms but excluding unheated spaces such as enclosed porches, sunrooms and garages, is the minimum specified temperature. 3.6 VENTILATION 3.6.1 In every dwelling unit, all habitable rooms, bathrooms and toilet rooms shall have adequate ventilation, either by natural or mechanical means to the standards set out in the Ontario Building Code. 3.6.2 Every basement, cellar and unheated crawlspace shall have venting provided to a size greater than or equal to 0.2% of the floor area served. Page 202 of 440 25 City of Niagara Falls By-law 2015-101 Property Standards By-law 3.6.3 Every attic shall have venting provided to a size greater than or equal to 0.3% of the insulation ceiling area served. 3.6.4 Venting provided to comply with the requirements of articles 3.6.2 and 3.6.3 shall be designed and maintained to prevent the ingress of snow, rain, rodents, vermin and insects. 3.7 BATHROOM AND TOILET ROOM FACILITIES 3.7.1 The wall finish in every bathroom shall be water resistant in specified areas to minimum heights as follows: (1) 1.8m [5’-11”] above the floor in a shower stall; (2) 1.2m [3’-11”] above the rims of bathtubs equipped with showers; and (3) 0.4m [15 ¾”] above the rims of bathtubs not equipped with showers. 3.7.2 All bathrooms and toilet rooms shall be located within and accessible from within the dwelling unit and all bathrooms and toilet rooms shall be maintained in a good state of repair. 3.7.3 Where a dwelling unit contains rooms intended to be used in conjunction with a rooming house or lodging house, the occupants may share a single bathroom provided that: (1) Not more than nine (9) person occupy the dwelling unit; (2) For each additional nine (9) persons or part thereof, there shall be an additional toilet, hand wash basin, bathtub or shower; and (3) Access to the bathroom can be gained without passing through: (4) a habitable room of another dwelling unit; or (5) an open area, which is not normally heated during the period of the year which heat is required by article 2.15.3 of this by-law. 3.8 KITCHEN FACILITIES 3.8.1 Every dwelling unit shall be provided with a kitchen. 3.8.2 Every kitchen shall contain an area equipped with: (1) be equipped with a source of energy and necessary utility outlets suitable for the operation of a refrigerator and a cooking appliance; (2) have a work surface of at least 0.74m2 [5ft2] which is impervious to water and grease and is easily cleanable; Page 203 of 440 26 City of Niagara Falls By-law 2015-101 Property Standards By-law (3) have cupboards, pantry or storage space for the storage of food, dishes, and cooking utensils, having an interior capacity of at least 0.8m3 [30ft3], of sufficient design that when loaded the cupboards and pantry will not collapse, and secured in such a manner that when loaded they will not tip or become detached from the wall to which they cupboards or pantry may be otherwise secured; and (4) a hood fan ventilator located above the cooking surface of a cooking apparatus. 3.9 BEDROOM FACILITIES 3.9.1 Except as provided in articles 3.9.2 and 3.9.3, bedrooms in dwelling units shall have an area not less than 7m2 [75ft2] where built-in cabinets are not provided and not less than 6m2 [65ft2] where built-in cabinets are provided. 3.9.2 Except as provided in article 3.9.3, at least one bedroom in every dwelling unit shall have an area of not less than 9.8m2 [105ft2] where built-in cabinets are not provided and not less than 8.8m2 [95ft2] where built-in cabinets are provided. 3.9.3 Bedroom spaces in combination with other spaces in dwelling units shall have an area not less than 4.2m2 [45ft2]. 3.10 GARAGES 3.10.1 Every garage attached to a dwelling unit shall be so maintained as to prevent gas, fumes and carbon monoxide from entering the area of the dwelling unit. 3.10.2 Gas proofing of the garage is to be done to the standards as set out in the Ontario Building Code. 3.11 ACCESS TO ENCLOSED SPACES 3.11.1 An access opening no less than 0.55m [22”] by 0.7m [28”] shall be provided to every crawlspace or other enclosed space, and every attic and roof space exceeding 0.6m [2’] in height. 3.12 MEANS OF EGRESS AND EXITS 3.12.1 Except where a door on the same floor level as any bedroom provides direct access to the exterior, every floor level containing a bedroom in a dwelling unit shall be provided with at least one (1) outside window that, (1) is openable from the interior without the use of tools; (2) provides an individual, unobstructed open portion having a minimum area of 0.35m2 [3.8 ft2] with no dimension less than 0.38m [15”.]; (3) maintains the required opening described in sentence (2) without the need for additional support; Page 204 of 440 27 City of Niagara Falls By-law 2015-101 Property Standards By-law (4) when a sliding window is used to provide glazing area in conformance with article 3.2.6, the minimum dimension described in sentence (2) shall apply to the openable portion of the window; and (5) where a window required by article 3.1.6 opens into a window well, a clearance of not less than 0.55m [21”] shall be provided in front of the window and any protective enclosure installed over the window well shall be openable from the inside without the use of keys, tools, or special knowledge or opening the mechanism. 3.12.2 In every multiple dwelling residential property building exits and means of egress hall be provided to the standards as set out in the Ontario Building Code. 3.13 OCCUPANCY STANDARDS 3.13.1 No person shall use or permit the use of a non-habitable room for use as a habitable room. 3.13.2 Every living room, dining room, or kitchen of a dwelling unit shall have a clear ceiling height of 2.3m [7’-7”] over at least 75% of the required floor area with a clear height of 2.1m [6’-11”] at any point over the required area. 3.13.3 Every bedroom of a dwelling unit shall have a clear ceiling height of 2.3m [7’-7”] over at least 50% of the required floor area or a height of 2.1m [6’-11”] over all of the required floor area. Any part of the floor having a clear height of less than 1.4m [4’- 7”] shall not be considered in computing the required floor area. 3.13.4 Every bathroom or toilet room shall have a clear ceiling height of 2.1m [6’-11”] in any area where a person would normally be in a standing position. 3.13.5 Every passage, hall, main entrance vestibule or other finished rooms other than those in basements or those specified in articles 3.13.2, 3.13.3, or 3.13.4 shall have a clear ceiling height of 2.1m [6’-11”]. 3.13.6 The number of occupants of a dwelling unit residing on a long term basis in an individual dwelling unit shall not exceed 2 persons for every bedroom. 3.13.7 In a dwelling unit, a hallway, passage way or vestibule shall not be classified as a habitable room nor can it be used as a bedroom. 3.14 ELEVATING DEVICES 3.14.1 A multiple dwelling residential property building that is more than three storeys but not more than six storeys in building height and which has an elevating device for the use of the occupants shall have at least one elevating device operable except for such reasonable time as may be required for repair or replacement. 3.14.2 A multiple dwelling residential property building which has an elevator or elevators in accordance with the standards established by the Ontario Building Code for the use Page 205 of 440 28 City of Niagara Falls By-law 2015-101 Property Standards By-law of occupants shall have all elevators maintained and operable except for such reasonable times as may be required for repair or replacement. 3.14.3 In the event of a conflict with the Elevating Devices Act, R.S.O. 1990, c. E. 8, the regulations passed under such act, both as amended, or an Order issued under that Act, the Act, regulation or Order prevails over this by-law to the extent of the conflict. 3.15 GARBAGE DISPOSAL 3.15.1 No Owner of a multiple dwelling residential property or an occupant thereof shall disconnect, shut off, remove or otherwise discontinue, or cause or permit the disconnection, shutting off, removal or discontinuance of any garbage and refuse chute, garbage and refuse storage room, or exterior garbage and refuse storage container except when such action is necessary in order to safely make repairs, replacements or alterations thereto, and then only during the reasonable minimum time that such action is necessary. 3.15.2 Where it is not practical to maintain garbage chutes operational because compactors are not able to be installed, the garbage and refuse chutes need not be maintained operational at all times if an alternate method readily accessible to all occupants is provided and maintained as follows: (1) a garbage storage area is provided on each floor of the building; (2) the occupants are not required to deliver garbage to the ground floor, basement or parking lot of the building; and (3) the Owner of the building provides a daily collection procedure from each floor and delivers the garbage to appropriate receptacles. SECTION 4 SUPPLEMENTAL STANDARDS – NON-RESIDENTIAL PROPERTIES 4.1 MAINTENANCE OF WALKS 4.1.1 Steps, walks, and similar areas of the yard shall have a stable, dust free surface and shall be maintained so as to afford safe passage, under use and weather conditions. 4.2 SIGNS 4.2.1 All signs and billboards shall be maintained in good repair. Any sign which is excessively weathered or faced and those upon which the paint has been excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. 4.3 EXTERIOR FEATURES 4.3.1 All canopies, marquees, awnings, stairways, fire escapes, stand pipes, exhaust ducts and similar overhead extensions which may be affixed or adjacent to an exterior wall shall be: Page 206 of 440 29 City of Niagara Falls By-law 2015-101 Property Standards By-law (1) maintained in good repair; (2) properly anchored to the building and constructed to meet the standards for such extensions as set out in Ontario Building Code; and (3) protected from the elements and against decay and rust by the periodic application of a weather resistance coating such as paint or other protective treatment. 4.4 ELECTRICAL AND LIGHTING 4.4.1 In addition to the requirements of article 2.13.1, all non-residential buildings shall be connected to an electrical supply system that is adequate to supply the necessary electrical power for the intended use and shall be available at all times during the occupancy of the building. 4.5 HEATING AND COOLING SYSTEMS 4.5.1 Any non-residential building, except for those of industrial occupancy, shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than 21°C [70°F] during normal working hours. 4.5.2 For the purpose of article 4.5.1, heat shall be provided and maintained so that the room temperature at 1.5m [5’] above the floor and 1m [39”] from the exterior walls in all rooms and spaces as described and in any area intended for use by occupants including bathrooms but excluding unheated spaces such as enclosed vestibules, storage rooms and garages, is the minimum specified temperature. 4.5.3 Where combustible materials are stored in a basement, the fuel-burning heating system shall be enclosed in accordance with article 4.5.4. 4.5.4 Where a fire separation would be required by the standards set out in the Ontario Building Code, the fuel burning central heating system shall be enclosed and or separated from the rest of the building which it serves by assemblies including but not limited to walls, floors, ceiling and doors with a fire resistance rating of not less than those identified in the standards as set out in the Ontario Building Code. Page 207 of 440 30 City of Niagara Falls By-law 2015-101 Property Standards By-law 4.6 VENTILATION 4.6.1 Every room in which people work shall be provided with an opening or openings for natural ventilation that shall: (1) have a minimum aggregate unobstructed free floor area of 0.28m2 [3ft2]; and (2) be located in an exterior wall or roof. 4.6.2 The opening for ventilation required by Article 4.6.1, may be omitted where a system of mechanical ventilation capable of exchanging the volume of air in the area served once every hour is provided for the space. 4.6.3 Every basement, cellar or unheated crawlspace shall be adequately vented to the outside by means of openings with an area of not less than 1% of the area served for basements and cellars, and 0.9m2 [1ft2] for unheated crawlspace areas. 4.6.4 An opening required in article 4.6.3 shall be screened to prevent the entry of insects, rodents or vermin. 4.6.5 An opening for ventilation required in article 4.6.3, may be omitted where a system of mechanical ventilation capable of exchanging the volume of air in the area served once every hour is provided for the space. 4.7 BATHROOM OR TOILET ROOM FACILITIES 4.7.1 The wall and ceiling finish in every bathroom or toilet room shall be provided with a smooth surface and where paint is used as the surface finish, it shall be maintained as is necessary for cleanliness. 4.7.2 Every bathroom or toilet room shall be naturally vented to the outside by means of openings with an area of not less than 0.9m2 [1ft2]. 4.7.3 An opening for ventilation required in article 4.7.3, may be omitted where a system of mechanical ventilation exhausting the air to the exterior of the building is provided. 4.7.4 Where mechanical ventilation is provided to satisfy the requirement of article 4.7.4, the provisions of article 2.16.1 shall apply. 4.8 KITCHEN FACILITIES 4.8.1 Where a kitchen is provided it shall contain an area equipped with appropriate cupboards, pantry or storage space for the storage of food, dishes, and cooking utensils, of sufficient design that when loaded the cupboards and pantry will not collapse, and secured in such a manner that when loaded they will not tip or become detached from the wall to which they cupboards or pantry may be otherwise secured. Page 208 of 440 31 City of Niagara Falls By-law 2015-101 Property Standards By-law SECTION 5 SUPPLEMENTAL STANDARDS – HERITAGE PROPERTY 5.1 MINIMUM MAINTENANCE STANDARDS 5.1.1 In addition to the minimum standards for the maintenance and occupancy of property in the City as set out in this by-law, the Owner or occupant of any heritage property shall: (1) maintain, preserve and protect the heritage attributes so as to maintain the heritage character, visual and structural heritage integrity of the building or structure; and (2) maintain the property in a manner that will ensure the protection and preservation of the heritage attributes and values 5.1.2 The minimum maintenance standards as set out above for heritage property shall also apply to the elements, features or building components including roofs, walls, floors, retaining walls, foundations and independent interior structures and structural systems that hold up, support or protect the heritage values and attributes and without which the heritage values and attributes may be at risk. 5.2 REPAIR AND REPLACEMENT OF HERITAGE ATTRIBUTES 5.2.1 Despite any other provision of this by-law, where a heritage attribute of a heritage property can be repaired, the heritage attribute shall not be replaced and shall be repaired: (1) in a manner that minimizes damage to the heritage values and attributes; (2) in a manner and technique that maintains the design, colour, texture, grain or other distinctive features of the heritage attribute; (3) using the same types of material as the original and in keeping with the design, colour, texture, grain and any other distinctive features of the original; and (4) where the same types of material as the original are no longer available, using alternative materials that replicate the design, colour, texture, grain or other distinctive features and appearance of the original material. 5.2.2 Despite any other provision of this by-law, where a heritage attribute of a heritage property cannot be repaired, the heritage attribute shall be replaced: (1) using the same types of material as the original; (2) where the same types of material as the original are no longer available, using alternative materials that replicated the design, colour, texture, grain or other distinctive features and appearance of the original material; and (3) in such a manner as to replicate the design, colour, texture, grain and other distinctive features and appearance of the heritage attribute. Page 209 of 440 32 City of Niagara Falls By-law 2015-101 Property Standards By-law 5.3 CLEARING AND LEVELLING OF HERITAGE PROPERTIES 5.3.1 Despite any other provision of this by-law, or the Act, no building or structure identified as a heritage property may be altered or cleared, including but not limited to removed, demolished or relocated except in accordance with the Ontario Heritage Act. 5.4 VACANT HERITAGE PROPERTIES 5.4.1 Notwithstanding the requirements of article 6.2.2, the Owner of a vacant heritage property shall protect the building and property against the risk of fire, storm, neglect, intentional damage or damage by other causes by effectively preventing the entrance to it of all animals and unauthorized persons and by closing and securing openings to the building with boarding: (1) installed from the exterior and properly fitted in a watertight manner to fit within the side jambs, head jamb and the exterior bottom sill of the door or window so that any exterior trim remains uncovered by the boarding; (2) using boards at least 19mm [3/4”] weatherproofed sheet plywood or metal secured with nails or screws in a manner that minimizes damage to the heritage attributes or secured using long carriage bolts anchored into horizontal wooden bracing on the inside face of the windows where the opening is not impeded by existing glazing; (3) in the case of window openings, all boards used shall be painted in a manner to reflect the panes of glass, window frames and muntins that were or are found on the window that is being boarded over. The panes of glass shall be painted in matte black and the window frames and muntins shall be painted in a colour that matches that of the original window; (4) in the case of door openings, all boards used shall be painted in a manner to reflect the panes of glass, frames and muntins that were or are found on the door that is being boarded over. The panes of glass shall be painted in matte black and the frames and muntins shall be painted in a colour that matches that of the original door; (5) all boards not located in a window or door opening shall be painted or otherwise treated so that the colour blends with the exterior of the building or structure; (6) all boards shall be maintained in good repair. 5.4.2 Subject to any applicable provisions of the Ontario Heritage Act, where the minimum standard imposed by article 5.4.1 has, more than once, failed to exclude unauthorized entry, and further where the Owner’s control, attendance or lack of security measures to protect the heritage property suggests that a more secure option be used, the Owner shall supply such measures, including improved security of closures, as may be required by the Chief Building Official or an Officer. Page 210 of 440 33 City of Niagara Falls By-law 2015-101 Property Standards By-law 5.4.3 Notwithstanding the requirements of sentences 6.2.2(4) and (5), no window, door or other opening on a heritage property shall be secured by brick or masonry units held in place by mortar unless required by the Chief Building Official. 5.4.4 The exterior shall be maintained in order to prevent moisture penetration and damage from the elements that may have adverse impact on any heritage attributes. 5.4.5 Notwithstanding the requirements of article 6.2.5, where a heritage property remains vacant for a period of ninety (90) days or more, the Owner shall maintain appropriate and necessary utilities to serve the building and to provide proper equipment and appliances installed as required to provide, maintain and monitor proper heating and ventilation to prevent damage to the heritage attributes caused by environmental conditions. 5.4.6 An exterior light fixture shall be installed and/or maintained at all exterior entrances to the building and must be kept on a time so that the light will turn on no later than 7:00pm of one day and remain on until 7:00am of the following day and shall maintain an average level of illumination of at least 50 lx. 5.5 CONFLICT 5.5.1 In the event of a conflict between the provisions of this subsection regarding heritage property and any other provision of this by-law or the Ontario Building Code, the provision that establishes the highest standard for the protection of the heritage attribute shall prevail. SECTION 6 SUPPLEMENTAL STANDARDS – ALL PROPERTIES 6.1 MAINTENANCE OF YARDS, PARKING LOTS AND VACANT LANDS 6.1.1 The warehousing or storage of material or operative equipment that is required for the continuing operation of an industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard and shall be arranged in such a manner to provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably enclosed by a visual barrier of not less than 1.8m [5’-11”] in height and maintained in good repair. 6.1.2 Any well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed or secured by a fence, cover or netting, unless it is in active use in which event it shall be secured by fencing and warning signs until the use has ceased, where upon they shall be sealed or secured as required. 6.1.3 Septic Tanks, holding tanks, field beds, tile beds and dry wells shall be maintained to the standards established in the Ontario Building Code for such systems. 6.1.4 Where it is intended to discontinue the use and to decommission tanks or dry wells, they shall be pumped dry and the contents disposed of at a suitable disposal site. The tanks or dry wells may be broken up and buried, cavities shall be filled with sand or another suitable material and the ground graded to match existing grades. Page 211 of 440 34 City of Niagara Falls By-law 2015-101 Property Standards By-law Existing building drains not being reused shall be removed from the foundation wall and the foundation wall shall be repaired and made impervious to water. 6.1.5 Areas used for vehicular traffic, parking and other similar uses or areas shall be paved with bituminous asphalt, concrete or an equivalent surfacing or shall be surfaced with crushed stone or other suitable and reasonably dust free substance and shall be maintained in good repair. 6.1.6 All Non-residential use or multiple occupancy Residential use properties that are accessed by the general public shall have: (1) all ramps and access routes leading to parking garages kept free from ice and snow; (2) mechanical de-icing equipment for ramps and access routes, where provided, maintained in operational conditions at all times; and (3) all walks, ramps and access routes to and from the building kept free from ice and snow and other hazards at all times. 6.1.7 All surfaces of crushed stone shall be maintained free of dust and from spillover onto adjacent sidewalks and other vegetative surfaces. 6.1.8 No fill shall be allowed to remain in an unlevelled state on any property for longer than seven days, unless the property is: (1) a construction site for which a building permit is in effect; (2) a property being subdivided under subdivision agreement with the City; or (3) property upon which material is being stored with the approval of the Director of Municipal Works or the Regional Municipality of Niagara in connection with a public works project. 6.1.9 No fill shall be left in an uncovered state (not covered by sod, seed or agricultural crop) on any property for longer than thirty (30) days unless the property is: (1) a construction site for which a building permit is in effect; (2) a property being subdivided under subdivision agreement with the City; or (3) property being actively farmed. 6.2 VACANT BUILDINGS 6.2.1 Where any building is vacant or unoccupied, the Owner shall protect such building against the risk of accidental or intentional damage to the property, or such damage as may be caused to other properties, arising from the entry of unauthorized persons to the building, be effectively preventing entrance by unauthorized persons. Page 212 of 440 35 City of Niagara Falls By-law 2015-101 Property Standards By-law 6.2.2 For the purpose of this subsection, doors, windows, hatches and any other such opening through which entry may be gained are required to be kept in good repair and secured from unauthorized entry, or entry shall be prevented by closing and securing each opening with: (1) boarding which completely covers the opening with at least 13mm [1/2”] weatherproofed sheet plywood securely fastened to the building; (2) rigid composite panels securely fastened to the building; (3) sheathing boards installed within the reveal of the exterior cladding and securely fastened to the building; (4) brick and mortar securely fastened to the building; or (5) concrete blocking and mortar securely fastened to the building. 6.2.3 The materials identified in article 6.2.2 shall be of a colour compatible to the surrounding façade. 6.2.4 The available options presented in article 6.2.2, shall be considered progressively more secure with sentence (5) being the most secure, and the minimum standard imposed by article 6.2.2 shall be considered not to include the use of a less secure option which has, more than once, failed to deny unauthorized entry, and further, where the Owner’s control, attendance or lack of security measures to protect the property suggest a more secure option be used, then the Owner shall supply such measure including such improved security of closures as may be necessary beyond the options presented in article 6.2.2. 6.2.5 Where a building remains vacant for a period of time greater than ninety (90) days, the Owner shall ensure that all utilities serving the building, which are not required for the safety and security or maintenance thereof, are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property. 6.3 DAMAGED BUILDINGS 6.3.1 Where a building is damaged by accident, storm, fire, neglect, intentional damage, other causes or considered unsafe under the provisions of the Act; (1) the Owner shall demolish or repair the building within sixty (60) days or a reasonable time arranged for and approved by the Chief Building Official. (2) immediate steps shall be taken to prevent or remove any condition which might endanger persons on or near the property and the building or structure shall be properly supported and barricaded until the necessary demolition or repair can be carried out; (3) defacement by smoke or by other causes on the exterior wall and surface of the building or structure or of the remaining parts of the building or structure, shall be removed and the defaced areas refinished with the care, skill and Page 213 of 440 36 City of Niagara Falls By-law 2015-101 Property Standards By-law quality acceptable in the trades concerned and with materials suitable and sufficient for the purpose. (4) the Owner shall protect the building against further risk or further damage, accident or other danger, and shall effectively prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4; (5) in the event of fire or explosion, damaged or partially burnt material shall be removed from the premises, except that such material may be temporarily stored within the barricaded damaged building or structure, provided that such storage does not exceed ninety (90) days; and (6) all utilities serving the building including but not limited to water, gas and hydro which are not required for the safety or security thereof, are required to be properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property. 6.3.2 In the event that the building or structure is beyond reasonable repair, the land shall be cleared of debris and remains and shall be left in a graded, level and safe condition without unreasonable delay. For the purpose of this article, it shall be the responsibility of the Owner of the property to demonstrate the state of reasonable repair to the satisfaction of the Chief Building Official. 6.3.3 Where an Owner chooses to retain a building or portion thereof that has been damaged in whole or in part by the circumstances identified in article 6.3.1, the Owner shall: (1) provide, at the sole expense of the Owner, documentation prepared by a professional engineer who is licensed in the province of Ontario, indicating: (a) that the structural stability of the remaining building, or portion thereof, is sufficient to support the required forces which it may be subject to; and (b) that the remaining building or portion thereof is suitable for reuse and any new reconstruction necessary to restore or replace the building that was damaged. (2) protect the remaining building, or portion thereof to the satisfaction of the Chief Building Official, to prevent further damage or deterioration which may be caused from being exposed to the elements; and (3) secure the building or portion thereof to prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4. 6.3.4 Where an Owner chooses to retain a building or portion thereof in accordance with the provisions of article 6.3.3 in a vacant condition, the occupancy of the building may be restricted or denied completely by the Chief Building Official. Page 214 of 440 37 City of Niagara Falls By-law 2015-101 Property Standards By-law 6.3.5 Exterior walls, roofs and other parts of a building shall be free of objects and materials which may create an unsafe condition. Such objects or materials shall be removed, repaired or replaced so as to remove the unsafe condition. 6.3.6 Where a building located in the Tourist Core as defined in Schedule ‘B’ to this by- law, is damaged in whole or in part by the circumstances identified in article 6.3.1, the Owner shall install hoarding along the full length of all sides of the site adjacent to a public thoroughfare or street within thirty (30) days of the event, unless the building is demolished and the site is graded and cleared. 6.3.7 The hoarding required by article 6.3.6 shall be: (1) constructed to a minimum height of 2.4m [8’]; (2) built of wood construction with solid panel boarding of at least 13mm [1/2”] weatherproofed sheet plywood securely fastened to the hoarding to completely cover any access or view of the site; (3) be securely fastened to the ground; and (4) be maintained so as to be free of posters or advertisements in accordance with the provisions of article 2.7.7 for exterior walls. 6.4 DEMOLITIONS 6.4.1 Where any building, accessory building or other structure is demolished, the property shall be cleared of all rubbish, waste, debris, refuse, masonry, concrete, lumber and the site left in a graded and leveled condition. 6.4.2 Where any building, accessory building or other structure is demolished in part and it is the wish of the Owner to retain any portion of the existing building or structure for future reuse, the Owner shall: (1) provide, at the sole expense of the Owner, documentation prepared by a professional engineer who is licensed in the province of Ontario, indicating: (a) that the structural stability of the remaining building, or portion thereof, is sufficient to support the required forces which it may be subject to; and (b) that the remaining building or portion thereof is suitable for reuse and any new reconstruction necessary to restore or replace the building that was damaged. (2) protect the remaining building, or portion thereof to the satisfaction of the Chief Building Official, to prevent further damage or deterioration which may be caused from being exposed to the elements; and (3) secure the building or portion thereof to prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4. Page 215 of 440 38 City of Niagara Falls By-law 2015-101 Property Standards By-law 6.4.3 Where any building, accessory building or other structure is being demolished, every precaution shall be taken to protect the adjoining properties and members of the public. The precautions to be taken include but are not limited to, the erection of fences, barricades, covered walkways and any other means of protection necessary for the protection of the adjoining property and members of the public. 6.4.4 Prior to demolishing any building, other than farm buildings, a demolition permit must first be obtained from the City in accordance with the provisions of the Ontario Building Code despite the fact that the demolition may be required in response to an Order issued by the City. SECTION 7 VITAL SERVICES 7.1 APPLICATION 7.1.1 The regulations and standards set forth in this section are applicable to all building s or parts thereof in the City that contain one or more residential rental units in which at least one residential unit is occupied. 7.1.2 This section shall apply despite any dispute between the landlord and the tenant, so long as the residential rental unit is legally occupied by the tenant. 7.1.3 Notwithstanding the provisions of article 7.1.1, this section with respect to the provision of vital services shall not apply to a landlord in respect of a residential rental unit and vital service to the extent that the tenant has as a part of a tenancy agreement expressly agreed to obtain and maintain the supply of vital service. 7.1.4 Any agreed upon terms in the tenancy agreement described in article 7.1.3 does not relieve the landlord from complying with all other provisions of this by-law for the maintenance of the property or the provision, maintenance and/or repair of any system used for the distribution of a vital service. 7.2 LANDLORD RESPONSIBILITIES 7.2.1 Every landlord shall provide adequate vital services to each of the landlord’s occupied residential rental units, and no landlord shall cease to provide a vital service for a residential rental unit if it is occupied by the tenant. 7.2.2 Article 7.2.1 does not apply for the cessation of a vital service when necessary to alter or repair the residential rental unit however such cessation shall only be for the minimum period of time necessary to effect the alteration or repair. 7.2.3 A landlord shall be deemed to have caused the cessation of a vital service at a residential rental unit, if the landlord is obliged by the tenancy agreement to pay the supplier for vital service and fails to do so and, as a result of the non-payment, the vital service is no longer provided at the residential rental unit. Page 216 of 440 39 City of Niagara Falls By-law 2015-101 Property Standards By-law 7.3 SUPPLIER OF VITAL SERVICE RESPONSIBILITIES 7.3.1 Every supplier of vital service shall provide notice in accordance with this by-law if a vital service is to be disconnected or discontinued at a residential rental unit to which this by-law applies because the landlord has either breached a contract with the supplier for the supply of the vital service or the landlord has requested the service be disconnected or discontinued. 7.3.2 The notice of disconnection shall be given in writing to the Chief Building Official, the tenant, and to the landlord at least fifteen (15) business days before the supplier ceases to provide the vital service and shall contain the following: (1) the name, address, telephone number, and email address of a suitable contact of the supplier of vital service; (2) the type of vital service being supplied; (3) the name, address and telephone number of the landlord with whom the supplier of vital service has a contract for the supply of the vital service and the name of the registered owner if not the same as the landlord; (4) the municipal address of the building at which the vital service is being supplied; (5) the nature of the landlord’s breach of contract with the supplier of vital service; (6) the date and time when the supplier will cease to provide the vital service, and (7) the name, address, telephone number, and email of a contact at the supplier of the vital service who may be contacted to receive direction to arrange for reconnection. 7.3.3 Every supplier of vital service who disconnects or discontinues the vital service at a building or residential rental unit to which this by-law applies and does not provide the required notice as provided in article 7.3.2 shall promptly restore the vital service at the building when directed to do so by the Chief Building Official until such time as the required notice can be provided. SECTION 8 ENFORCEMENT AND INSPECTION 8.1 OFFICERS 8.1.1 The Chief Building Official appointed pursuant to the Act, is hereby assigned the responsibility of administering and enforcing this by-law and the Council of the City of Niagara Falls shall appoint Officers responsible for the enforcement of this by-law. 8.1.2 Persons appointed or assigned for the purposes of enforcing or administering this by-law are Officers, and have the authority to carry out the duties assigned to Officers under this by-law and the Act, and may enforce the provisions of this by-law and the applicable sections of the Act. Page 217 of 440 40 City of Niagara Falls By-law 2015-101 Property Standards By-law 8.1.3 An Officer is hereby authorized to give immediate effect to any Order that is confirmed or modified as final and binding under the applicable section of the Act so as to provide for: (1) repair of the element or property; or (2) clearing of all buildings, structures or debris form the site and the leaving of the site in a graded and leveled condition, under the provisions of the Procurement Policy. 8.1.4 Where approved by the Chief Building Official, an Officer may permit the maintenance of property to alternate standards required by any provisions of this by- law. 8.1.5 The alternate standards referenced in article 8.1.4 shall be in accordance with the general purpose and intent of this by-law and they shall have the same effect and force as standards required by any provision of this by-law. 8.1.6 Upon completion of the work, repairs or demolition by or on behalf of the City of Niagara Falls, the City of Niagara Falls shall have a lien on the land for the amount spent on the repair or demolition, and the amount shall be deemed to be municipal real taxes and may be added by the Treasurer of the City of Niagara Falls to the tax roll and collected in the same manner and with the same priority as municipal real property taxes as provide for by the statute. 8.2 RIGHT TO ENTER 8.2.1 By way of this by-law being in effect under Section 15.1 of the Act, an Officer acting under the by-law or any person acting under his or her instructions may at any reasonable time, and upon producing proper identification, enter upon any property without a warrant for the purpose of inspecting the property to determine: (1) whether the property conforms with the standards prescribed in this by-law; or (2) whether an Order made under this by-law has been complied with. 8.2.2 Notwithstanding the above, an Officer shall not enter or remain in any room or place actually used as a dwelling unit unless: (1) the consent of the occupant is obtained, first having informed the occupant that the right of entry may be refused and entry made only under the authority of a warrant is issued under the Act; (2) the delay necessary to obtain a warrant or the consent of the occupant would result in an immediate danger to the health and safety of any person; (3) a warrant issued under the Act is obtained; or (4) the entry is necessary to repair or demolish the property in accordance with an Order issued under this by-law and the Officer, within a reasonable time Page 218 of 440 41 City of Niagara Falls By-law 2015-101 Property Standards By-law before entering the room or place, serves the occupier with the notice of the Officer’s intention to enter the room or place. 8.3 INSPECTION 8.3.1 For the purposes of an inspection under the provisions of this by-law, an Officer and any person acting under the Officer’s instructions may: (1) require the production for inspection of documents or things, including drawings or specifications that may be relevant to the property or any part thereof; (2) inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts; (3) require information from any person concerning a matter related to a property or part thereof; (4) be accompanied by a person who has special or expert knowledge in relation to a property or part thereof; (5) alone or in conjunction with a person possessing special expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection; and (6) Order the Owner of the property to take and supply at the Owners expense such tests and samples as are specified. 8.3.2 The Officer shall divide any sample taken under article 8.3.1 into two parts and deliver one part to the person from whom the sample was taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 8.3.3 If an Officer takes a sample under article 8.3.1 and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 8.3.4 An Officer shall provide a receipt for any document or thing removed under sentence 8.3.1(2) and shall promptly return them after the copies or extracts are made. 8.3.5 Copies of or extracts from documents and things removed under sentence 8.3.1(2) which are certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentially value as the originals. 8.3.6 If in the opinion of the Officer there is doubt as to the structural adequacy or condition of a building or structure or parts thereof, the Officer may alone or in conjunction with a person possessing special or expert knowledge make examinations or take tests, samples or photographs necessary for the purposes of the examination and may Order that such building or structure or parts thereof be examined and a written report addressing the structural adequacy of the building or Page 219 of 440 42 City of Niagara Falls By-law 2015-101 Property Standards By-law component in question be prepared by a professional engineer, licensed to practice in Ontario. 8.3.7 The examination and testing of any building or structure or parts thereof required by article 8.3.6 shall be conducted in a manner acceptable to the Officer and the Officer may Order the examination and testing to be at the Owner’s expense. 8.3.8 If the Owner or agent retains the professional engineer to prepare the written report in accordance with article 8.3.6, the Owner shall submit the report to the Officer for evaluation and review. 8.3.9 All details, drawings and specifications pertaining to all temporary shoring and other work deemed necessary by the professional engineer, shall be included with the report referred to in article 8.3.6. 8.3.10 On completion of any work required in the report prepared by the professional engineer, the professional engineer shall submit to the Officer a further report, signed and sealed by the professional engineer, confirming that all of the work has been satisfactorily completed as required by the first report. 8.4 ORDERS 8.4.1 If after inspection an Officer is satisfied that in some respect the materials forming part of the building, structure or property are damaged, decayed, deteriorated or do not conform with the standards set out in this by-law, they may issue an Order to the Owner and such other persons affected by it as the Officer determines and a copy of the Order may be posted on the property to require that the materials or conditions be repaired or replaced in a workman like manner acceptable to the Officer; 8.4.2 An Order under this by-law shall: (1) state the municipal address of the legal description of the property; (2) give reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structure, debris, or refuse and left in a graded and leveled condition; (3) indicate the time for complying with the terms and conditions of the Order and give notice that, if the repair or clearance is not carried out within that time, the City of Niagara Falls may carry out the repair or clearance at the Owner’s expense; (4) indicate the final date for giving notice of appeal from the Order; and (5) be served or caused to be served on the Owner of the property and such other persons affected by the Order as the Officer determines: (a) by personal service; or (b) by prepaid registered mail sent to the last known address of the person to whom notice is to be given or to that person’s agent for service. Page 220 of 440 43 City of Niagara Falls By-law 2015-101 Property Standards By-law 8.4.3 An Order served by registered mail shall be deemed to have been served on the 5th day after the date of mailing. 8.4.4 The Officer shall in addition to service set out in sentence 8.4.2(5), post a copy of the Order in a conspicuous place on the property. 8.4.5 No person shall remove, pull down, obstruct the visibility of or deface the Order placed in accordance with article 8.4.4, unless authorized by the Officer. 8.4.6 If the Officer is unable to effect service under article 8.4.2, they shall place a placard containing the terms of the Order in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Order on the Owner or other persons. 8.4.7 The Officer may grant extensions of time for compliance with any Order issued pursuant to the applicable section of the Act, beyond the time limited in such Order in any case where: (1) valid reasons exist in the opinion of the Officer for the extension; and (2) apart from such reasons, the Officer is satisfied that the Order will be complied with. 8.4.8 Where, because of non-conformity to the applicable standards prescribed by this by- law, the occupancy or use of any property in the City of Niagara Falls is, in the opinion of the Officer, hazardous to the occupants or the public, such occupancy or use is prohibited until the property is brought into conformity with the applicable standards. 8.5 APPEAL OF AN ORDER 8.5.1 An Owner or occupant who has been served with an Order made under this by-law, and who is not satisfied with the terms or conditions of the Order, may appeal to the Property Standards Committee by sending a notice of appeal by registered mail to the Secretary of the Committee within fourteen (14) days after being served with the Order. 8.5.2 The Notice of Appeal shall be accompanied by the prescribed fee required in the applicable schedule to this by-law in the form of a certified cheque, money order or cash. 8.5.3 An Order that is not appealed within the time referenced in article 8.5.1 is deemed to be confirmed. 8.5.4 If an appeal is taken, the Committee shall hear the appeal and shall have all the powers and functions of the Officer who made the Order and may: (1) confirm, modify or rescind the Order to demolish or repair, or Page 221 of 440 44 City of Niagara Falls By-law 2015-101 Property Standards By-law (2) extend the time for complying with the Order if, in the opinion of the Committee, the general intent and purpose of this by-law and of the Official Plan or policy statement are maintained. 8.5.5 A copy of the decision of the Committee shall be sent to the Owner, occupants and all other persons to whom the Order has been served in accordance with sentence 8.4.2(5) by prepaid registered mail within fourteen (14) days of the decision. 8.5.6 The municipality in which the property is situate or any Owner or occupant or person affected by a decision under article 8.5.4 may appeal to a Judge of the Superior Court of Justice by notifying the Clerk of the Corporation of the City of Niagara Falls in writing and by applying to the Superior Court of Justice for an appointment within fourteen (14) days after sending of a copy of the decision. 8.5.7 A Judge of the Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. 8.5.8 On the appeal, the Judge has the same powers and functions of the Committee. 8.5.9 An Order that is deemed to be confirmed or modified by the Committee or Judge, shall be final and binding upon the Owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the Order. 8.6 PROPERTY STANDARDS COMMITTEE 8.6.1 A Committee to be known as the Property Standards Committee of the City of Niagara Falls is hereby established. 8.6.2 The Property Standards Committee for the City of Niagara Falls shall consist of not less than three (3) citizens at large to be appointed by Council, with a term to coincide with Council. The members of the Committee shall hold office until their successors have been appointed. Any vacancy on the Committee shall be filled forthwith. 8.6.3 The members of the Committee shall elect a Chair from among themselves, when the Chair is absent through illness or otherwise, the Committee may appoint another member as Acting Chair. 8.6.4 A majority of the members constitutes a quorum for transacting the business of the Committee. 8.6.5 Any member of the Committee may administer oaths. 8.6.6 The City shall provide a Secretary for the Committee who shall keep on file the records of all official business of the Committee, including records of all applications and minutes of all decisions respecting those applications. 8.6.7 The Secretary as identified above in article 8.6.6, shall keep on file minutes and records of all applications and the decisions thereon and of all other official business Page 222 of 440 45 City of Niagara Falls By-law 2015-101 Property Standards By-law of the Committee and Section 74 of the Municipal Act, R.S.O. 1990, c.M.45, as amended, applies with necessary modifications to such documents. 8.6.8 The Committee may adopt its own rules of procedure, but before hearing an appeal under subsection 8.5, the Committee shall give notice or direct that notice be given of such hearing to such person as the Committee considers advisable. 8.6.9 Members of the Committee shall be paid such compensation as the Council of the City of Niagara Falls may provide by resolution from time to time. 8.7 REGISTRATION OF AN ORDER 8.7.1 An Order that a property does not conform with any standards of this by-law may be registered in the Land Registry or Land Titles Office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the Order shall be deemed to have been served with the Order on the day which the Order was served. 8.7.2 Where the Chief Building Official or an Officer determines there is compliance under this by-law with an Order issued, the Clerk of the City of Niagara Falls shall forthwith register in the Land Registry or Land Titles Office, a certification that such requirements have been satisfied, which shall operate as a discharge of such Order. 8.7.3 Notwithstanding article 8.7.2, no discharge of an Order shall be registered by the Officer until such time as an Owner has paid the City the prescribed fee required in the applicable schedule to this by-law in the form of a certified cheque or money order. 8.8 COMPLIANCE ORDERS AND CERTIFICATES OF COMPLIANCE 8.8.1 The Owner or occupant of a property shall: (1) comply with all standards prescribed in this by-law; (2) comply with any final and binding Order of the Officer; (3) produce documents or things requested by the Officer for inspection as relevant to the property or any part thereof, allow the removal of such documents or things for the purpose of making copies, provide information or assist in the collection of information from other persons concerning, a matter related to the property or part thereof, allow entry by the Officer or such persons as needed to carry out an inspection or test or in aid thereof, permit examination, tests, sampling or photographs necessary for the purpose of an inspection or in aid thereof, and provide at their expense when requested, tests and samples as are specified in an Order, all as may aid or assist in the carrying out of an inspection and determination of compliance with this by-law and the relevant portions of the Act; and (4) ensure, that in complying under this by-law, and in carrying out work required under an Order or other obligation under this by-law, that the property and Page 223 of 440 46 City of Niagara Falls By-law 2015-101 Property Standards By-law activities shall be kept and carried out in a condition and manner that avoids conditions dangerous to the Owner, occupants or visitors to the property or which put at risk of injury or health such persons and giving adequate warning where such risks cannot be avoided so as to allow such person to avoid the danger or risks. 8.8.2 A person affected by a Property Standards Order may seek to have compliance with an outstanding Order determined by supplying such proof as may allow compliance to be determined or permit or arrange for an inspection of the property by an Officer, and shall be liable to pay any applicable fees, charges or expenses. 8.8.3 Where the proof submitted to comply with article 8.8.2 is insufficient for the Officer to determine the compliance of the property with the Order or part thereof, the person shall, subject to the Ontario Building Code, permit or arrange for a reasonable and timely inspection by the Officer to determine compliance or that the proof submitted confirms compliance. 8.8.4 Any property Owner may make an application to the City of Niagara Falls for a certificate of compliance by completing and signing an application on the form available at the offices of the Chief Building Official and paying the applicable fee. 8.8.5 Where a Property Standards Order has been registered, an Owner or occupant may apply for an inspection of the property in respect of the Order and shall pay the fee prescribed in the applicable schedule to this by-law in the form of a certified cheque, money order or cash at the time of application, which fee includes the registration or a discharge where compliance with the Order is found. 8.9 POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH 8.9.1 If the Owner or occupant of a property fails to repair or to demolish the property in accordance with an Order as confirmed or modified, the City of Niagara Falls, in addition to all other remedies: (1) may repair or demolish the property; (2) may clear the site of all buildings, structures, debris or refuse and leave the site in a graded and leveled condition; (3) may make the site safe or impede entry by erecting fences, barricades or barriers; and (4) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction, such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within their territorial jurisdiction, a penalty in accordance with the provision of Section 36 of the Act; 8.9.2 Where an Order of an Officer that has become final and binding has not been complied with and the City makes efforts to proceed to cause the property to be repaired or demolished in accordance with the Order in addition to all other remedies, the following shall apply: Page 224 of 440 47 City of Niagara Falls By-law 2015-101 Property Standards By-law (1) for this purpose may enter in and upon the property at any reasonable time without a warrant, with its employees and agents, in Order to demolish or repair the property accordingly; and (2) neither the City or a person acting on its behalf shall be liable to compensate the Owner, occupant or any other person by reason of anything done by or on behalf of the City in the reasonable exercise of tis powers under this by-law. 8.9.3 Where the City demolishes or repairs a property pursuant to article 8.9.1, the City shall have a lien on the land for the amount spent on the repair or demolition under article 6.9.1 and the amount shall be deemed to be municipal real taxes and may be added by the Clerk to the collector’s roll, and be collected in the same manner, and with the same priorities, as municipal real property taxes. 8.10 EMERGENCY ORDERS AND POWERS 8.10.1 Despite any other provision of this by-law, if upon inspection of a property the Officer is satisfied that there is a non-conformity with the standards prescribed in this by-law to such extent as to pose an immediate danger to the health or safety of any person, the Officer may make an Emergency Order containing particulars of the non- conformity and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.10.2 After making an Emergency Order under article 6.10.1, the Officer may, either before or after the Order is served, take or cause to be taken any measures the Officer considers necessary to terminate the danger, and for this purpose, the municipality has the right, through its employees and agents at any time, to enter i n and upon the property without a warrant. 8.10.3 The Officer, the City or anyone acting on behalf of the municipality is not liable to compensate the Owner, occupant or any other person by reason of anything done by or behalf of the City in the reasonable exercise of its powers under article 8.10.2. 8.10.4 Where the Emergency Order made in accordance with article 8.10.1 was not served before measures were taken to terminate the danger, the Officer shall as soon as is practical after the measures have been take, serve copies of the Order in accordance with sentence 8.4.2(5) on, the Owner of the property and such other persons affected thereby as the Officer determines and each copy of the Order shall have attached to it a statement by the Officer describing the measures taken by the City and providing details of the amount expended in taking the measures. 8.10.5 Where the Emergency Order was served before the measures were taken, the Officer shall as soon as is practicable after the measures have been taken, serve a copy of the statement mentioned in article 8.10.4, in accordance with sentence 8.4.2(5) on, the Owner of the property and all such other persons affected thereby as the Officer determines. 8.10.6 As soon as is practicable after the provisions of article 8.10.4 or 8.10.5, have been complied with, the Officer shall apply to a Judge of Ontario Court (General Division) for an Order confirming the Emergency Order made under article 6.10.1 and the Judge shall hold a hearing for the purpose. Page 225 of 440 48 City of Niagara Falls By-law 2015-101 Property Standards By-law 8.10.7 The Judge of the Ontario Court (General Division) in disposing of an application brought under article 8.10.6 of this by-law shall: (1) confirm, modify or rescind the Order; and (2) determine whether the amount spent on measures to terminate the danger may be recovered in whole, or in part or not at all and the disposition of the Judge is final. 8.10.8 The amount determined by the Judge to be recoverable pursuant to article 6.10.7 shall be a lien on the land and shall be deemed to be municipal real property taxes, and may be added by the Clerk to the collector’s roll, and be collected in the same manner, and with the same priorities, as municipal real taxes. SECTION 9 OFFENCES AND PENALTIES 9.1 OBLIGATIONS AND PROHIBITIONS 9.1.1 No Owner or occupant of property shall use, occupy, allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this by-law. 9.1.2 No person, being the Owner, tenant or occupant of a property, shall fail to maintain the property in conformity with the standards required by this by-law. 9.1.3 No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an Officer or a person acting under their instructions in the exercise of a power or the performance of a duty under this by-law. 9.1.4 A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of article 8.1.3 unless the Officer is acting under a warrant or an Emergency Order made pursuant to subsection 7.10. 9.1.5 Every person shall assist any entry, inspection, examination, testing or inquiry by an Officer in the exercise of a power of performance of a duty under this by-law. 9.1.6 No person shall neglect or refuse: (1) to produce any documents, drawings, specifications or things required by an Officer; and (2) to provide any information required by an Officer. 9.1.7 A person is guilty of an offence if the person: (1) contravenes any section of this by-law; or (2) fails to comply with an Order that is final and binding under this by-law. 9.1.8 Every director or Officer of a corporation who contravenes article 9.1.7 is guilty of an offence. Page 226 of 440 49 City of Niagara Falls By-law 2015-101 Property Standards By-law 9.1.9 Where any property with the City of Niagara Falls does not conform to the applicable standards set forth in this by-law, the Owner of the property shall: (1) repair and thereafter maintain such property to conform to such standards; or (2) where conformity to such standards cannot be effected by repair, clear the site of all buildings, structures, debris and refuse not in conformity, and leave such area of the site in a graded and leveled condition. 9.1.10 All repair and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All construction, repair, renovation or demolition shall conform to the requirements of the Ontario Building Code and is subject to the requirements for all applicable permits. 9.2 PENALTIES 9.2.1 Subject to articles 9.2.2 and 9.2.3, every person who contravenes any provision of this by-law is guilty of an offence and is liable upon conviction to a penalty in accordance with the Provincial Offences Act. 9.2.2 Every person who fails to comply with an Order issued under this by-law which is final and binding is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for the first offence and to a fine of not more than $100,000 for a subsequent offence. 9.2.3 If a corporation is convicted of the offence of failing to comply with an Order issued under this by-law, the maximum penalty that may be imposed on the corporation is $100,000 for a first offence and $200,000 for any subsequent offence. SECTION 10 ADMINISTRATION 10.1 VALIDITY 10.1.1 Should a court of competent jurisdiction declare a part or whole of any provision of this by-law to be invalid or of no force and effect, the provision or part is deemed severable from this by-law, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to protect the public by ensuring a minimum standard for maintenance and occupancy is maintained. 10.1.2 Where a provision of this by-law conflicts with the provision of another by-law, Act, or Regulation in force within the City of Niagara Falls, the provisions that establish the higher standards to protect the health and safety of persons shall prevail. 10.2 TRANSITION PROVISIONS 10.2.1 After the date of the passing of this by-law, those by-laws identified under subsection 9.4 shall apply only to those properties in which an Order to Comply has been issued Page 227 of 440 50 City of Niagara Falls By-law 2015-101 Property Standards By-law prior to the date of passing of this by-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order, including any demolition, clearance, or repair carried out by the City of Niagara Falls shall have been concluded. 10.2.2 In the recovery or enforcement of penalties and forfeitures incurred, or in any other proceeding in relation to matters in respect of a Property Standards by-law of any former area municipality, including the predecessor to by-laws mentioned in subsection 9.4, the process may be continued and carried out under this by-law. 10.3 FEES 10.3.1 Any fee required by or described in this by-law shall be as set out in Schedule “A” to this by-law. 10.4 BY-LAWS TO BE REPEALED 10.4.1 By-laws No. 98-50, 99-152 and 2000-91 are hereby repealed. 10.5 DATE OF ENACTMENT 10.5.1 This by-law shall come into force and effect on September 1, 2015. Passed this twenty-fifth day of August, 2015. ........................................................ ......................................................... DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015 Page 228 of 440 ‘SCHEDULE A’ to By-Law 2015-101 FEES The identified items below shall be subject to the following fees: (1) Certificate of Compliance .......................................................... $150.00 (2) Discharge of an Order registered on title ................................... $450.00 (3) File Notice of Appeal ................................................................. $500.00 Page 229 of 440 52 City of Niagara Falls By-law 2015-101 Property Standards By-law ‘SCHEDULE B’ to By-Law 2015-101 TOURIST CORE The tourist core area shall be the area referenced on the map below. Page 230 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN November 2004 Page 231 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 TABLE OF CONTENTS Page A BACKGROUND 1.0 INTRODUCTION 1 1.1 Downtown Revitalization 1 1.2 Purpose of the Community Improvement Plan 1 1.3 Plan Content 2 2.0 CRITICAL NEEDS ANALYSIS 3 2.1 Methodology 3 2.2 Physical and Land Use Characteristics 3 2.2.1 Western Gateway 7 2.2.2 Traditional Retail District 8 2.2.2.1 West Queen Street 8 2.2.2.2 East Queen Street 9 2.2.2.3 Parking/Services 10 2.2.3 Civic Square Block 11 2.2.4 Transportation District 12 2.2.5 Heritage Commercial District 13 2.2.6 Eastern Gateway 14 2.2.7 Southern Residential 15 2.2.8 Mixed Residential/Commercial 16 2.2.9 Light Industrial/Service 16 2.3 Economic Characteristics 16 2.3.1 Economic Role of the Downtown 16 2.3.2 Current Business Activity 16 2.3.3 Building Rehabilitation and Construction Activity 18 2.3.4 Economic Development and Tourism 18 RCI CONSULTING | GSP GROUP INC. i Page 232 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Page 2.4 Parking and Transportation 19 2.4.1 Parking 19 2.4.2 Transportation 20 2.4.2.1 Huron Street 20 2.4.2.2 Whirlpool Bridge 20 2.4.2.3 Public Transit 21 2.4.2.4 Proximity to Tourist Area 21 2.5 Summary 22 3.0 LEGISLATIVE AUTHORITY AND PLANNING POLICIES 23 3.1 Legislative Authority 23 3.2 Section 28 of the Planning Act – Community Improvement 23 3.3 City of Niagara Falls Official Plan 23 3.3.1 Residential Policies 24 3.3.2 Commercial Policies 24 3.3.3 Minor Commercial 25 3.3.4 Special Policy Area No. 7 25 3.3.5 Community Improvement 25 3.3.6 Amenity and Design Strategy 26 3.3.7 Existing Community Improvement Plans 26 4.0 COMMUNITY IMPROVEMENT PROJECT AREA 30 4.1 Methodology 30 4.2 Downtown Community Improvement Project Area 30 5.0 COMMUNITY PARTICIPATION 33 5.1 Downtown Strengths 33 5.2 Downtown Weaknesses 33 5.3 Downtown Vision 34 RCI CONSULTING | GSP GROUP INC. ii Page 233 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Page B DOWNTOWN COMMUNITY IMPROVEMENT PLAN 6.0 LAND USE AND URBAN DESIGN PLAN 35 6.1 Introduction 35 6.2 Conceptual Land Use Plan 35 6.2.1 Western Gateway 37 6.2.2 Queen Street 37 6.2.3 Civic Square Block 37 6.2.4 Transportation District 38 6.2.5 Open Space Corridor 38 6.2.6 Heritage Commercial District 39 6.2.7 Eastern Gateway 39 6.2.8 Southern Residential Neighbourhood 40 6.2.9 Park/Bridge Neighbourhood 40 6.2.10 Direction 41 6.3 Public Realm and Urban Design Plan 41 6.3.1 Streetscape and Gateways 41 6.3.2 Public Spaces 43 6.3.3 Urban Design Guidelines 44 6.4 Official Plan Policies for Downtown 45 6.5 Targeted Improvement Projects 46 6.6 Summary 46 7.0 COMMUNITY IMPROVEMENT PROGRAMS 48 7.1 Introduction 48 7.2 Residential Loan Program (RLP) 50 7.2.1 Purpose 50 7.2.2 Program Description 50 7.2.3 Eligibility Criteria 51 7.2.4 Administration 52 RCI CONSULTING | GSP GROUP INC. iii Page 234 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Page 7.3 Commercial Building Loan and Facade Grant (CBLFG) Program 55 7.3.1 Purpose 55 7.3.2 Program Description 55 7.3.3 Eligibility Criteria 56 7.3.4 Administration 59 7.4 Revitalization Grant Program (RGP) 61 7.4.1 Purpose 61 7.4.2 Program Description 61 7.4.3 Eligibility Criteria 62 7.4.4 Administration 63 7.5 Summary of Financial Incentive Programs 65 8.0 DEVELOPMENT CHARGE EXEMPTION (DCE) PROGRAM 66 8.1 Purpose 66 8.2 Program Description 66 8.3 Eligibility Criteria 67 8.4 Administration 67 9.0 MUNICIPAL LEADERSHIP STRATEGY (MLS) 68 9.1 Purpose 68 9.2 Program Description 68 9.3 Administration 69 10.0 ACTION SUMMARY 70 11.0 PROGRAM MONITORING AND ADJUSTMENT 78 12.0 CONCLUSION 80 RCI CONSULTING | GSP GROUP INC. iv Page 235 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Page C APPENDICES A Community Improvement Areas – Official Plan, Schedule E 81 B Future Land Use – Official Plan, Schedule A 83 C Glossary of Terms 85 LIST OF FIGURES 1 Study Area 4 2 Existing Downtown Districts 5 3 Land Use 6 4 Existing Community Improvement Project Areas 27 5 Downtown Community Improvement Project Area 31 6 Land Use Plan 36 7 Public Realm and Urban Design Plan 42 8 Targeted Improvement Projects 47 9 Rationale for Incentive Programs 49 10 Residential Loan Program (RLP) Administration 54 11 Commercial Building Loan and Facade Grant (CBLFG) Program 60 12 Revitalization Grant Program (RGP) 64 13 Summary of Financial Incentive Programs 65 14 Action Summary 71 15 Variables to be Monitored 79 RCI CONSULTING | GSP GROUP INC. v Page 236 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 1.0 INTRODUCTION 1.1 Downtown Revitalization Downtowns are the functional and symbolic heart of a community. Downtowns are also very complex and dynamic social and economic systems with many integrated pieces. Just as cities are dynamic and evolve over time, so to do their downtowns. A healthy, viable downtown is important to the economic health, civic pride and history of a community. A strong downtown increases the options and opportunities for residents to obtain goods and services. A strong and vibrant downtown is also a symbol of a city which is caring and concerned about its health and its desire to create a high quality of life. The health of the downtown is in some ways a reflection on the community and can serve to influence business decisions in a community. The City of Niagara Falls has previously undertaken a number of initiatives to stimulate revitalization within its Downtown area. Utilizing the community improvement provisions of the Planning Act, the City has adopted community improvement plans for areas within the Downtown, taking advantage of previous Provincial programs such as PRIDE to implement sidewalk, streetscaping and entrance gateway improvements. Additional initiatives have included a Facade Improvement Plan and Revitalization Strategy (1988) and an Urban Renewal Study known as Niagara Falls Cause (1984). Certain elements of these studies are still relevant and where appropriate, the recommendations from these studies that have yet to be implemented have been included in this CIP. Despite the physical improvements that have been made by the City, private sector investment has not followed at the desired levels. Based on the analysis of physical and economic conditions in the Downtown and public consultation conducted for this community improvement plan, it is clear that Downtown Niagara Falls has been in a state of physical and economic decline for a number of years. Therefore, the need to revitalize Downtown Niagara Falls is clear and desirable. This need had been recognized by the City through preparation of this community improvement plan. 1.2 Purpose of the Community Improvement Plan The purpose of this CIP is to provide a framework to guide public sector investment and stimulate private sector investment in Downtown Niagara Falls. Specifically, the purpose of the CIP is to: a) define an appropriate community improvement project area; b) plan further physical improvements within the project area that are designed to lead and stimulate private sector investment and redevelopment; c) develop a marketable land use strategy that integrates and promotes redevelopment opportunities; and, d) develop a customized package of financial incentives to promote private sector investment and redevelopment. The Downtown Niagara Falls CIP is the final report of the consulting team (RCI Consulting and GSP Group Inc.). This CIP contains a synthesis of three previous reports: 1) Background and Visioning Report (November 2003); 2) Land Use and Urban Design Framework (April 2004); and, 3) Financial Incentive Programs (April 2004). The preparation of this CIP included two public consultation sessions in the form of: a) a Public Presentation and Visioning Workshop conducted in September of 2003; and, b) a review of the proposed land use plan and incentive programs conducted at a Public Presentation held in March of 2004. RCI CONSULTING | GSP GROUP INC. 1 Page 237 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 The study process also included numerous meetings and consultation with the City’s Study Review Team and other staff. As part of the adoption of this CIP, previous community improvement plans in the Downtown area will be repealed and replaced by this single CIP. 1.3 Plan Content This CIP is divided into three parts. Part A (Background) provides the rationale and basis for the CIP in the form of: a) a critical needs analysis of the physical and economic characteristics of the downtown; b) relevant planning policies and legislative authority; c) description of the community improvement project area; and, d) description of the public participation process. Part B (Community Improvement Plan) contains the vision, policies and actions which will direct, coordinate and promote revitalization in the Downtown. This includes: a) the Vision for the Downtown; b) Land Use Plan and Urban Design Framework; c) Community Improvement Programs; d) Development Charge Exemption Program; e) Municipal Downtown Leadership Strategy; f) Summary of Actions; g) Program Monitoring and Adjustment; and, h) Conclusion. Part C (Appendices) contains relevant supporting documents. RCI CONSULTING | GSP GROUP INC. 2 Page 238 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 2.0 CRITICAL NEEDS ANALYSIS 2.1 Methodology The Downtown Study Area shown in Figure 1 was chosen to cover an area slightly larger than the Central Business District Community Improvement Area shown in Schedule E to the Official Plan (see Appendix A). The following information was comprehensively reviewed and analyzed in order to identify the strengths, weaknesses and opportunities for redevelopment in the Downtown: • Aerial photographs; • Official Plan; • Zoning By-law • Existing Community Improvement and Redevelopment Plans covering various parts of the Downtown; • Downtown Niagara Falls Facade Improvement Plan and Revitalization Strategy; • Retail Market Demand Studies; • Niagara Falls CAUSE Study; • Transportation Master Plan; • Reports on the Niagara Falls People Mover; • Reports on the CN/CP Railway Corridor; • Tourism Area Development Strategy; • Land Use schedules and mapping; • Servicing maps and information; • Information on parking; • Business Inventory and Occupancy Data; • Downtown Information Profile; • Mapping of Potential Sources of Environmental Contamination; and, • Development charges, planning application and building permit fees. In addition, several walking tours of the Downtown Study Area were conducted during which notes and observations were made with respect to land uses and land use compatibility, general building condition and appearance, retail business operations and vacancies, and key redevelopment opportunities. Photos of the Queen Street retail area between Victoria Avenue and River Road, as well as other parts of the Downtown Study Area were also taken. 2.2 Physical and Land Use Characteristics The Facade Improvement Plan and Revitalization Strategy prepared for Downtown Niagara Falls in 1988 describes existing conditions in the Downtown. Six Downtown districts were delineated in this study based on physical characteristics and function. This CIP includes an additional four districts to help describe the physical characteristics and activities predominant in each part of the Downtown. These various districts are shown in Figure 2. As well, previous community improvement and redevelopment plans prepared for Downtown Niagara Falls in the 1980’s contain relevant information describing the physical characteristics and land uses within the downtown. Some of these characteristics have not changed significantly. The general land uses in the study area are shown in Figure 3. RCI CONSULTING | GSP GROUP INC. 3 Page 239 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 4 Page 240 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 5 Page 241 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 6 RCI CONSULTING | GSP GROUP INC. 6 Page 242 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 2.2.1 Western Gateway The western gateway is a principal entrance to the Downtown with Victoria Avenue providing connection to the Falls Tourist Area and the majority of the City which lies to the west. A variety of service commercial and retail businesses, offices and a few low rise residential buildings are located in this area. Generally buildings are one or two stories with variable building conditions ranging from poor to good. The streetscape in the area is predominantly auto-oriented and lacks the consistent street wall, street level retail activity and streetscape details/furnishings found along a more pedestrian-oriented street. Parking areas abut the sidewalk in many locations. A vacant former Canadian Tire Store occupies a key gateway corner at Victoria Street and Valley Way. This vacant building and large vacant parking area provide a poor image at this key entrance to Downtown. This site also represents a significant redevelopment opportunity. Vacant former Canadian Tire store at Western Gateway Significant streetscape treatments have been installed on Valley Way between Victoria Avenue and Queen Street, including a formal median gateway with pier, planting and lighting. This gateway feature is attractive, but given the built form, weak street edges, and streetscape treatment, this gateway feature is not enough to provide a strong entrance to Downtown. Median Gateway at Valley Way, Victoria Avenue and Queen Street The pavilion at Victoria Park at Valley Way and Queen Street is one of Downtown’s few open spaces and is popular with neighbours, providing a focal point along Queen Street. Victoria Park Pavilion RCI CONSULTING | GSP GROUP INC. 7 Page 243 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 The approach to the Western Gateway from the east is highlighted by the magnificent view of St. Patrick’s Church, which forms a strong visual anchor on the west side of Victoria Avenue. St. Patrick’s Church Generally, the Western Gateway can benefit from intensification to add residential, retail and service activity with buildings oriented to the street. Streetscape enhancements can be made to improve pedestrian spaces and screen surface parking areas. 2.2.2 Traditional Retail District Queen Street is Downtown’s traditional pedestrian-oriented main street containing the majority of the retail activity of the core. It can be divided into several subsections, including West Queen Street, East Queen Street, and the blocks behind Queen Street along Park and Huron Streets. 2.2.2.1 West Queen Street The western section of the retail core between Buckley Avenue and Crysler Avenue is characterized by an irregular, low density and generally unattractive building fabric. The vacancy rate for ground floor space in these blocks is very high. The interior and exterior of some buildings have been allowed to deteriorate creating unsightly pockets of derelict buildings. Other buildings have non-retail uses on the ground floor such as office and car lots/showroom. This combination has significantly diminished the continuity of this sub-district as a retail area. The remaining uses include restaurants, night clubs, music stores, and a proliferation of used furniture stores and second hand stores. Vacant furniture store on Queen Street Vacant stores on Queen Street RCI CONSULTING | GSP GROUP INC. 8 Page 244 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 On the northwest corner of Crysler Avenue and Queen Street is the Daily Planet restaurant and bar which animates the street with its colour and outdoor patio. Daily Planet Restaurant Streetscape improvements have been installed on Queen Street, including new lighting, decorative planters, sidewalk pavers and site furnishings. This work is several years old and is of good quality. Two historically significant properties in this district are the former Seneca Theatre on Queen Street and the Drew Stone Cottage on Huron Street. The theatre has been converted to a nightclub. Former Seneca Theatre – now Seneca Night Club In summary, the West Queen Street area would greatly benefit from the filling of vacant space with new activities and general building improvements, including physical repairs and aesthetic improvements, especially to facades and storefronts. 2.2.2.2 East Queen Street This district includes the three central retail blocks between Crysler Avenue and Erie Avenue. This district includes a number of historical buildings, the Niagara Falls Post Office (1930), McClive/Rosber Block (1904), the Locan Block (1907) and the Bank of Hamilton (1894). These buildings add positively to the character of the area. Niagara Falls Post Office Building Recent streetscape improvements together with the existing building fabric provide a pleasant pedestrian environment. The majority of the buildings are two and three storeys with some single storey buildings interspersed. The characteristics of these three blocks include a continuous street wall, continuity of building scale and details and uniformity of architectural styles. RCI CONSULTING | GSP GROUP INC. 9 Page 245 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Bank of Hamilton Building The district, though not as strong from a retail perspective as it was in the past, does contain the majority of the retail and business activity in the Downtown. The major banks, post office and recently established health services and medical offices all serve to attract people to the core. Several long-standing independent retailers are located here selling men’s clothing, bicycles and photography equipment. North side of Queen Street between Crysler Avenue and St. Clair Avenue There are still a number of business vacancies in this district, but the vacancy rate is not as high as in the West Queen Street District. The East Queen Street District would benefit from the filling of vacant space with new activities and general improvements to restore the buildings to their original and authentic design, materials and colours. Vacant stores on Queen Street 2.2.2.3 Parking/Services This district provides parking to support Queen Street businesses with some commercial and residential activity interspersed. This creates a poor streetscape condition with wide open paved areas, no edging along the street and little vertical definition. The blocks fronting Park Street are predominantly occupied by parking lots. These parking lots are not well edged and screened and do not provide clear and safe pedestrian routes. RCI CONSULTING | GSP GROUP INC. 10 Page 246 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Parking lot entrance with poor streetscaping and entrance area The parking lot between Crysler and St. Clair Avenues contains an outdoor market structure, however the market is no longer held there as it has moved out of the Downtown. Former Farmer’s Market Building in parking lot Between Crysler Avenue and St. Clair Avenue The blocks fronting Huron Street contain a mix of parking lots, offices and some residences. The parking lots are not as extensive as the Park Street lots though several are heavily used. Again, these parking lots are not well edged and screened and do not provide clear and safe pedestrian routes. In the long term, it may be possible to develop some of the parking lots both north and south of Queen Street for new employment or residential activity which will, in turn, support Queen Street businesses. Where parking lots remain, they should be edged and screened with clear and safe pedestrian routes created. 2.2.3 Civic Square Block The block between Ontario Avenue and Erie Avenue, south of Queen Street to Morrison Street is known as the Civic Square Block. This block contains City Hall, the old Court House, Centennial Square and the Acres building. The Acres building is a six storey office complex, which was constructed more recently and is an example of new building design that complements the existing building fabric. The police headquarters are located in the south of this block with the adjoining area designated for parking. Acres Office Building RCI CONSULTING | GSP GROUP INC. 11 Page 247 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 This block is the largest employment node in Downtown with over 550 employees working in its buildings. These employees provide a significant support base for local businesses. Centennial Square in front of City Hall serves as an important urban public space in the downtown. Centennial Square is framed by buildings on three sides and fronts Queen Street, all desirable characteristics. Although the square has limited streetscape frontage, it provides one of the few passive amenity spaces in the Downtown. Improvements to the square could be made to broaden and improve its use and update its 1970’s design style. These improvements could include enhancement of the streetscape treatment with park elements brought closer to the street and improved seating areas. The former court house building frames the square on the east but has no public use at this time and adds little to the square in terms of pedestrian traffic or usable space. New activities such as a restaurant, civic or cultural facilities in the area of the former Court House building could serve to bring people to the Square and provide functional space for events in the area. 2.2.4 Transportation District The Via Rail Station, inter-city bus terminal and local transit terminal are clustered at the intersection of Bridge Street and Erie Avenue to form a key transportation node which serves the region. The Via Rail Station at the terminus of Erie Avenue at Bridge Street dates back to 1879 and is a significant heritage property. The bus station and bus maintenance yard are located across the street, with the bus maintenance facility consuming a large block of land. The bus maintenance facility does not support the traditional downtown activities and urban form. Parts of this area are also not well lit and do not provide a friendly pedestrian environment. City Transit Terminal at Erie Avenue and Bridge Street Via Rail Station and Hotel Europa on Bridge Street RCI CONSULTING | GSP GROUP INC. 12 Page 248 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 2.2.5 Heritage Commercial District The Heritage Commercial District is the oldest part of the Downtown and contains several significant heritage buildings, including the Woodruff block, the Old Imperial Bank now converted to offices and the old post office/customs house/jail on Zimmerman Street now being converted to an art gallery. Some of the heritage buildings in this area remain vacant and deteriorating, but with great potential for restoration. The area has mixed land use and building fabric between Bridge Street and the former Rail line, east of Erie Street. This four block area contains restaurants, offices, government departments, hotels and antique stores. One of the old hotels has recently closed and the former Rosbergs Department Store at Queen Street and Erie Avenue has been sitting vacant for many years. The abandoned rail overpasses occur in three locations in this district. These structures are part of the unique heritage of this district and of a by-gone railway era. Former Rosberg’s Department Store at Queen Street and Erie Avenue The visual appearance of Bridge Street has been enhanced by the streetscape treatments which include lighting and sidewalk treatments. The building conditions in this area vary from poor to good depending on the amount of reinvestment. Vacant storefronts along Erie Avenue Former Post Office/Customs House Building RCI CONSULTING | GSP GROUP INC. 13 Page 249 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Between many of the buildings in this district there are large open areas utilized for parking and storage. The result is a low density, underutilized district that is visually unattractive and not pedestrian friendly. These vacant and underutilized areas could be redeveloped. Large open lot off of Bridge Street The Queen/Erie/Park block has a large vacant area now used for parking. This area is a significant redevelopment opportunity, with or without the adjacent Rosbergs building. In summary, this district has many significant buildings which could be rehabilitated for new activities while preserving the historical character of this district. 2.2.6 Eastern Gateway This area east of the former rail corridor both north and south of Queen Street forms the eastern entrance way to Downtown from River Road (Niagara Parkway). This area overlooks the Niagara Parkway and Niagara River gorge. Planting feature at entrance to Eastern Gateway Low density residential and motel uses are the predominant activities. Buildings in this area are generally 1 to 2 storeys and are mostly in good condition. This area also contains several vacant lots and parking lots. As in the Heritage Commercial district, the density of land use is low and this underutilization provides a poor visual image. Improvements to the streetscape have included an attractive Downtown entrance sign, planted median and boulevards, similar to the western gateway. However, as with the Western Gateway, this treatment does not provide an easily recognizable entrance gateway to the Downtown. RCI CONSULTING | GSP GROUP INC. 14 Page 250 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Downtown sign feature at Eastern Gateway A large City parking lot east of the rail line and the two motel sites are significant redevelopment sites which could bring new activity to the area and a more urban/downtown built form. City parking lot off of Queen Street, east of former rail line 2.2.7 Southern Residential The southern residential district is situated between Huron and Morrison Streets for the length of Downtown. This district is predominantly single detached housing with a few apartment buildings and churches. The housing stock is old with building conditions ranging from poor to good. Aerial view of residential area south of Huron Street The houses are typically two-storey and located close to the sidewalk. The streetscape is typical of a traditional Downtown neighbourhood. There are some limited opportunities to intensify residential uses in this area, either through infill development on vacant lots or conversion to residential within existing buildings. RCI CONSULTING | GSP GROUP INC. 15 Page 251 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 2.2.8 Mixed Residential/Commercial The district between Bridge and Park Street contains a mix of uses. While residential is the predominant use, there is a mix of non-residential activity including automotive commercial (repair facilities) and the City bus maintenance facility. The streetscape is generally weak, lacking in mature trees and other streetscape treatments. The residential uses are in fair to poor condition. The former CN Rail corridor serpentines through the block, and could be developed for a trail or consolidated with existing lots to provide opportunities for residential intensification. 2.2.9 Light Industrial/Service The land north of Bridge Street to the main railway line is a mix of service commercial/light industrial activities on large lots. The building conditions in this block are fair. However, the streetscape is unattractive given the parking along the front yards and the lack of street trees. As well, there are several sizable vacant sites in this district which could be redeveloped for new activities. 2.3 Economic Characteristics 2.3.1 Economic Role of the Downtown To understand the origin and nature of the physical deterioration in Downtown Niagara Falls, it is important to understand the economic history and role played by the Central Business District (CBD) in the City of Niagara Falls. The CBD, shown in Figure 1, originated in the 1850’s as the commercial centre of Niagara Falls with the spanning of the Niagara Gorge by an international suspension bridge in 1853. Most early downtown businesses were located on Bridge Street between Erie Avenue and River Road. After the turn of the century, retail activity gradually shifted to Queen Street. Some of the present building stock in the Queen Street core dates from the early 1900’s and virtually all of the buildings along Queen Street pre-date 1940. Until 1977 when the 375,000 sq.ft. Niagara Square Shopping Centre was constructed, the CBD at 256,400 sq.ft. functioned as the commercial focus for the City. Between 1978 and 1982, the CBD declined to third in size behind Niagara Square and the Clifton Hill Tourist Area. The amount of retail space in the CBD declined from 256,400 sq.ft. in 1978 to 202,600 sq.ft. in 1982, a decrease of 21% in just over four years. Over the same time period, the amount of retail space in all other retail areas stayed roughly the same. The decline in the CBD’s share of total retail sales, increased vacancy rates, and concomitant physical deterioration reflects a common trend in many urban markets in Canada and the U.S. over the last 30 years. Lifestyles and demographic changes, increases in car ownership, retail industry changes and shopping centre development in the growing suburban areas were all factors that influenced downtown retailing and had a negative impact on the CBD. Downtown Niagara Falls is no different. Some downtown areas have been successful in redefining their role while maintaining a viable and vital commercial purpose. “Redefining” of its role will be the key to revitalization for Downtown Niagara Falls. 2.3.2 Current Business Activity There is a very high vacancy rate in the Downtown with approximately 27 of the 125 business addresses along Queen Street vacant or underutilized, e.g., store has display and signage, but is not open. This represents about a 22% vacancy rate when 6% to 7% is considered a healthy commercial vacancy rate due to normal business turnover. Clearly, the Niagara Falls CBD has a serious vacancy problem and based on the economic history of this area as discussed above, the roots of this problem were already evident 25 years ago. RCI CONSULTING | GSP GROUP INC. 16 Page 252 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 17 The occupied businesses in the CBD represent a broad range of business types, including: · services to business (lawyers, accountants and insurance professionals); · financial institutions and services; · government services; · household furniture, appliances and antiques; · apparel and accessories; · specialty stores · medical offices; · personal services; and, · restaurants and night clubs. On the positive side, while many banks have pulled out of smaller centres and towns in Ontario, several major banks still have branches in Downtown Niagara Falls, including the Bank of Montreal, TD Canada Trust, Royal Bank and the Canadian Imperial Bank of Commerce. There are also over two dozen professional offices located in the Downtown, from lawyers and accountants to insurance and medical professionals, including the Niagara Health Services and the Queen Street Medical Group. There is also the large Acres office building, and a number of government and public services in the Downtown, including City Hall, Police Station, Provincial Court, and a Canada Post office. There only a few retailers on Queen Street offering higher end retail items, such as Sam Stevens Men’s Clothing and Robert’s Jewellers. These few high end retail stores are long-standing businesses in the Downtown that do not rely on street traffic, but rather on a loyal clientele built up over many years of operation from their current location. There are also a few interesting specialty stores in the Downtown, such as the Pedlar Bicycle Shop and Foto Source Camera Shop. Unfortunately, Queen Street has a large percentage of stores specializing in used and second hand furniture and merchandise, pawn shops, thrift shops, dollar stores, and other economically “marginal” uses. There are also a number of automotive uses, including Complete Car Care Sales and Service at the corner of Buckley and Queen Streets. These types of automotive uses would not normally be found in a downtown main street area. There are approximately eight restaurants/cafes in the Downtown, however, only about half of them are actually still in operation. None of the restaurants/cafes on Queen Street offer a higher end “fine- dining” experience or an appropriate “business lunch” atmosphere. There are also several night clubs in some of the larger build ings on Queen Street that have caused and continue to cause significant safety and security issues in the Downtown. The negative externalities caused by some patrons of these night clubs, including vandalism, garbage, noise and disorderly conduct act as a deterrent to people living in the Downtown and to people coming Downtown in the evenings. As an example of rents in the CBD, two retail units at 4634 Queen Street were recently listed for rent at $400 and $500 per month, respectively. While these units ar e small and in poor condition, this represents a rent of only between $4.00 and $5.00 per sq.ft. This is a very low rental rate for downtown retail commercial space, yet these units have remained vacant for many months. The physical deterioration of Down town Niagara Falls is a direct result of the economic decline of the downtown retail component and the inability of the downtown to establish new retail, service, entertainment or other niche uses. As downtown retail sales declined, the viability and profitability of downtown retail activity also declined. As a consequence, economic rents and land values declined, Page 253 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 attracting more marginal retail and service uses to the Downtown. As marginal retail uses became more common in Downtown, and business turnover increased, owners of downtown buildings were not able to continue to meet their financial commitments and maintain their buildings, many of them built in the early to mid-1900’s. Thus, many of the buildings fell into a state of disrepair, further eroding the ability of owners to attract viable retail uses. The result of this vicious downward spiral is what we see in Downtown Niagara Falls today, i.e., a high vacancy rate and a high percentage of marginal retail uses operating out of physically deteriorated buildings. Vacant stores for rent on Queen Street This downward economic cycle in Downtown Niagara Falls must be broken if the downtown is to be revitalized. It is also clear that this cycle will not be broken by a return to the Downtown’s traditional role as a retail area selling predominantly department store type merchandise. The Downtown must establish a new economic role and find new activities to attract people to the district. 2.3.3 Building Rehabilitation and Construction Activity Other than the Acres office building, there has been very little major building rehabilitation or new construction in the Downtown over the last 20 years. A few buildings such as the building occupied by the Queen Street Medical Group, Broderick Law Offices, and the Provincial Courthouse have been rehabilitated, including facade improvement. A contributing factor to the economic deterioration of the Downtown has been the lack of residential building construction in the form of condominiums and rental apartment units. New residential units are being constructed in other mid-sized downtown areas in southern Ontario such as Kitchener, Waterloo, Cambridge, London and Hamilton where the downtown revitalization process has begun. The construction of new residential units in the downtowns of these cities is in part due to the availability of financial incentives designed to promote the conversion of excess commercial space into residential use and the construction of new residential units on vacant land. These cities are promoting an increase in downtown population as one of the strategies to re-establishing a viable economic function, albeit a different one, for their downtowns. An increase in population in close proximity to Downtown Niagara Falls is key to supporting existing and future retailers, service providers, and restaurants. 2.3.4 Economic Development and Tourism The City of Niagara Falls Economic Development Strategy was prepared in 1996. While this Strategy does not directly address economic development in the Downtown, it does stress economic diversification as a way to deal with the economic decline in Niagara Falls that may have been masked by the City’s booming tourist sector. The Economic Strategy also recommends the fostering of a close working relationship between the City and the Chamber of Commerce. Presumably, in the context of the Downtown, this recommendation could be extended to include the Downtown Board of Management. RCI CONSULTING | GSP GROUP INC. 18 Page 254 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 The Economic Strategy also recommended that the City encourage banks and financial institutions to develop a venture capital pool or community economic growth fund for Niagara Falls businesses. With the number of banks in the Downtown, there may be an opportunity for the City to approach these banks and gauge interest in a venture capital pool for Downtown businesses. The Tourist Area Development Strategy, prepared in 1998, may also have some implications for the Downtown area. This Strategy identifies Victoria Avenue as an entry corridor to the main tourist area. The Strategy identifies an area along River Road stretching to the southerly limits of the Downtown Area as the River Road Satellite District and the area north of the Whirlpool Bridge along River Road as the Whirlpool Satellite Tourism District. The Whirlpool Bridge is also identified as an entrance gateway. The Tourist Area Development Strategy notes that “the sightseeing and recreational opportunities around the Niagara Gorge create a need for ancillary commercial uses in the Whirlpool District”, while “ bed and breakfast accommodations are appropriate in the River Road area”. Keeping in mind that these two tourist districts are in very close proximity to the Downtown area, there may be an opportunity for the Downtown to capitalize on the gateway function of Victoria Avenue, the Whirlpool Bridge and the two nearby tourist districts by offering tourist related commercial uses. In addition, the Tourism Strategy identifies residential uses as complementary to tourism functions. Based on the location of Downtown close to two satellite tourist districts and between Victoria Avenue and the Whirlpool Bridge Gateway, there may be an opportunity for the Downtown to create a “bundling” or “clustering” of some tourism related economic activities. These activities could include new and enhanced festivals and events, food and beverage opportunities, expanded and enhanced retail opportunities and fully interpreted heritage opportunities. The bundling of these types of uses into a “tourist experience” in an authentic downtown setting could have broad market appeal. 2.4 Parking and Transportation 2.4.1 Parking In general, it is important in downtowns to maximize on-street parking supply for retail and commercial customers. It is also important to manage employment parking to ensure that employees are not using prime on-street spaces or preferred locations in off-street parking lots. It appears that there is an adequate supply of parking at this time based on the vacant spaces on-street and in the off-street lots. However, several City and private surface parking areas are also key redevelopment sites. Development of some of these parking lots will reduce parking supply while redevelopment Downtown will increase demand for parking. The two lots in the block bounded by Erie/Queen/Zimmerman/Huron, for example, could be developed for a downtown park and new housing. The small lot on Morrison Street south of the police station is also a good infill housing site. As the development of these sites proceeds, there will be a need to provide additional off-street parking to accommodate these changes. The provision of downtown parking is one way that many municipalities are participating in downtown redevelopment and stimulating private sector investment. As Downtown Niagara Falls begins to develop, we suggest that the City consider the following: • Maintain and expand, if necessary, the lots along Park and Huron Streets; • Provide a new surface parking lot in conjunction with the removal and redevelopment of the bus maintenance facility between Park and Bridge Street; • Partner to erect a parking structure behind the Acres and City Hall buildings to accommodate day long office parking demands as well as short duration retail or event parking on weekends and evenings. RCI CONSULTING | GSP GROUP INC. 19 Page 255 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Given the size of the current parking lots behind Acres and City Hall, a parking structure could in the future accommodate a significant amount of parking in a relatively central location, thereby allowing other surface parking lots to be developed. The non-coincident peaks of week day office use and evening and weekend retail/restaurant/entertainment use means that this structure could meet a large part of the Downtown’s parking needs. The matter of paid parking downtown was raised during the public workshops. The comments were that paid parking discourages people from coming downtown, especially with the City’s aggressive ticketing of illegally parked cars. The matter of paid parking should be considered by the City and the Downtown Board of Management in the context of a downtown parking strategy which addresses supply issues and employee parking arrangements. Comments were also made about bus parking Downtown, specifically in the vicinity of the bus maintenance facility between Park and Bridge Street. In the long term, it is suggested that the bus maintenance facility (including the bus parking area) is better located elsewhere in the City. It is recommended that a Downtown Parking Strategy be prepared once the CIP has been adopted and approved. This Strategy would examine: a) future parking needs; b) municipal parking lots to be retained and those that could be declared surplus and made available for development; and, c) opportunities to site and develop a public parking structure. 2.4.2 Transportation The downtown road network appears to function adequately based on the current levels of activity and traffic. However, the municipality will have to monitor its transportation system as redevelopment occurs Downtown. Also, the recently proposed Ripley’s aquarium, indoor waterpark and resort on Victoria Avenue is only 0.5 kilometre north of Downtown and could generate significant traffic along Victoria Avenue from the Falls, Clifton Hill and the casinos a short distance to the south. Therefore, it is recommended that the transportation system be monitored and a Transportation Master Plan for the City be prepared. 2.4.2.1 Huron Street Huron Street is currently one-way east bound and was part of a one-way couplet around the main street in conjunction with Park Street. Park Street has since been converted to a two-way street. Most municipalities have deleted their one-way couplet as they were found to be unnecessary when projected traffic volumes never materialized. As well, one-way streets generally have traffic moving at faster rates than two-way streets. One-way streets are not as pedestrian-friendly as a two-way street and restrict downtown accessibility. Therefore, subject to a traffic study, it is recommended that Huron Street be converted to two way traffic. 2.4.2.2 Whirlpool Bridge The Whirlpool Bridge connects Niagara Falls, Ontario to Niagara Falls, New York. The Whirlpool Bridge was converted from a full access bridge to limited access available only to NEXUS holders, a program initiated to expedite border crossing. Downtown business representatives were unanimous in indicating that they have seen a significant drop in traffic in the downtown area since the NEXUS program was initiated. It is their view that this decision has had a significant negative impact on the number of people passing through and stopping in Downtown which, in turn, has hurt business. It is recommended that the Canadian and U.S. federal governments be lobbied to restore the Whirlpool Bridge to full access status. Any redevelopment of the Whirlpool Bridge and the adjacent unused Whirlpool railway bridge should be done in a manner that is sensitive to and consistent with the Downtown CIP. RCI CONSULTING | GSP GROUP INC. 20 Page 256 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 21 Whirlpool Bridge and adjacent unused rail bridge 2.4.2.3 Public Transit The City of Niagara Falls operates a municipal bus system serving the majority of the City’s urban area. The main bus terminal is located in the Downtown area at the intersection of Bridge Street and Erie Avenue. Of the ten routes operated throughout the City, six of these originate at the downtown terminal. The downtown bus terminal also provides for connections to intercity bus services, Trentway-Wager and Greyhound Bu s Lines, which provide scheduled service to Hamilton and Toronto. Immediately opposite the terminal, on the north side of Bridge Street, is the VIA passenger station. VIA presently offers daily trips to Toronto and Amtrak offers trip to New York, originating in Toronto. The existing transit system provides good accessibility to the Downtown from all areas of the City. The bus terminal, while located on the periphery of the Downtown, brings significant numbers of people Downtown and provides connections to other modes of transportation. Therefore, the Downtown bus terminal represents an opportunity. However, the adjacent bus maintenance yard consumes a large block of land and does not support traditional downtown activities and urban form. It is recommend ed that the bus maintenance yard could be relocated outside of the downtown to free up a large block of land for residential or mixed use. 2.4.2.4 Proximity to Tourist Area The Downtown is physically and functionally separated from the Falls tourist area by approximately eight or nine city blocks, a distance of nearly one kilometre. Victoria Street and River Road (the Niagara Parkway), provide reasonable access between the two areas, yet the two areas have limited interaction as traffic on River Road and Victoria Avenue skirts the downtown. One challenge and opportunity for the Downtown is to find ways to capitalize on the significant number of tourists that visit the City but do not venture Downtown. This potential will be further enhanced with construction of the recently announced Ripley’s aquarium, indoor waterpark and resort just north of the Downtown. The potential tourist traffic along Victoria Avenue that will be generated by this development could provide much needed support for Downtown businesses. But, there must be attractions and activities to draw tourists to Downtown Niagara Falls. This could include specialty shopping, cultural and recreational events and restaurants. There must also be an efficient means to bring tourist traffic into th e Downtown. In this regard, the Niagara Parks Commission operates a rubber tired People-Mover which travels River Road and links the various destination points along the Niagara River corridor. The terminus of the People Mover is at Queenston Heights Park which is north of the Downtown. If feasible, and subject to an appropriate arrangement between the Niagara Parks Commission and Niagara Transit, the people-mover should be routed into Downtown via Queen Street, Erie Avenue and Bridge Street. This change would not add much time to the bus route while bringing tourists into the Downtown, dropping them at the transit terminal on Erie Avenue and/or the Civic Square on Queen Street. Alternatively, a People-Mover stop could be installed at Bridge Street and River Road, which is just a few blocks from the transit terminal and the Civic Square. Erie Avenue itself should be improved as it is a major pedestrian route linking Queen Street, the Civic Square, and its various activities with the transit terminal and Via Rail station. Page 257 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 2.5 Summary In summary, there are a number of districts within the Downtown characterized by their land use, built form and streetscape. Queen Street is the traditional pedestrian-oriented main shopping area with two and three storey buildings located at the street edge. Unfortunately, the physical condition of many buildings on this main street has declined with increasing vacancies. There is a need to fill vacant space and improve building facades along Queen Street. The Downtown streetscape treatments are fairly extensive and in good condition. The gateways to Downtown exhibit a mix of activities but do not provide a significant visual gateway. These gateways could benefit from redevelopment of existing parking and motel areas. The heritage commercial area near Bridge Street and the former rail line has significant character. It also contains significant development opportunities in both parking lot infill projects and rehabilitation of the older building stock. There are several opportunities for revitalization and new investment in Downtown Niagara Falls. The results of this analysis demonstrates the physical and economic deterioration of Downtown Niagara Falls that has taken place over the last 30 years and provide clear support for the preparation and adoption of a community improvement plan to promote the community improvement, rehabilitation and redevelopment of Downtown Niagara Falls. RCI CONSULTING | GSP GROUP INC. 22 Page 258 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 3.0 LEGISLATIVE AUTHORITY AND PLANNING POLICIES 3.1 Legislative Authority Normally, Section 106 of the Municipal Act, 2001 prohibits “bonusing” which is the provision by a municipality of any assistance directly or indirectly to any manufacturing business or other industrial or commercial enterprise. However, an exception is made in Section 106(3) of the Municipal Act, 2001 for municipalities exercising powers under Section 28 (6) or (7) of the Planning Act or under Section 365.1 of the Municipal Act, 2001. The City of Niagara Falls will utilize the exception for municipalities exercising powers under Section 28 (6) or (7) of the Planning Act as the legislative basis for the financial assistance programs contained in Section 7.0 of this Plan. 3.2 Section 28 of the Planning Act – Community Improvement According to Section 28(1) of the Planning Act, a “community improvement project area” is defined as a municipality or an area within a municipality, the community improvement of which in the opinion of the municipal council is desirable because of: • age; • dilapidation; • overcrowding; • faulty arrangement; • unsuitability of buildings; or, • for any other environmental, social or community economic development reason. Once a community improvement project area has been designated by by-law, a municipality may then prepare a “community improvement plan” for the community improvement project area. Once the community improvement plan has been adopted by the municipality and approved by the Minister of Municipal Affairs and Housing, the municipality may then: a) acquire, hold, clear, grade or otherwise prepare land for community improvement; b) construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan; c) sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan; and, d) make grants or loans to the registered owners, assessed owners, and tenants of land and buildings within the community improvement project area (and their assignees) to pay for the whole or any part of the cost of rehabilitating such lands and buildings in conformity with the community improvement plan. Section 28 (7.1) specifies that the total of all grants and loans made under Section 28 (7) of the Planning Act and tax assistance provided under Section 365.1 of the Municipal Act, 2001 in respect of land and buildings shall not exceed the cost of rehabilitating the land and buildings. Section 7.0 of this Plan presents the programs which the City of Niagara Falls, through adoption and Provincial approval of this Plan, will implement within the Community Improvement Project Area. These programs contain eligibility criteria that ensure conformity to Section 28 (7.1) of the Planning Act. 3.3 City Of Niagara Falls Official Plan The City of Niagara Falls Official Plan (OP) was approved by the Minister of Municipal Affairs in October 1993. The Official Plan provides guidance on land use matters and community development. The Official Plan Schedule “A”, Future Land Use, designates the majority of the land within the downtown as Major Commercial (see RCI CONSULTING | GSP GROUP INC. 23 Page 259 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Appendix B). The lands to the south are designated Residential and the lands to the west along Victoria Avenue are predominantly designated as Minor Commercial. The area to the north is Industrial and subject to the policies of Special Policy Area No. 7, which state that the future of this area is uncertain and further study will be required. 3.3.1 Residential Policies The Residential land use polices encourage a broad range of housing forms including single and semi-detached dwellings, townhouses and apartments. The Policies acknowledge that single detached housing will continue to dominate the character and identity of residential neighbourhoods although an increasing demand for various types of multiple residential accommodation is recognized. The largest building heights and densities are encouraged to locate in close proximity to the Central Business District (CBD). High rise apartments above 6 storeys in height can be developed up to a maximum density of 125 units per hectare. This policy provides an opportunity to consider new housing at higher densities in the established residential neighbourhood to the south of the CBD. This includes Huron and Morrison Streets where there are some opportunities for infill development. Development in this area must have regard for the residential development and infilling policy for the Residential land use designation which encourages compatibility and sensitivity with the surrounding area in terms of density, height gradation, building mass, and arrangement, setbacks and appearance. 3.3.2 Commercial Policies Part 2, Section 3 of the Official Plan, the Commercial Land Use Policies, contains three designations which comprise the hierarchy of commercial districts, including Major Commercial, Minor Commercial and Neighbourhood Commercial. The predominant land use designation within the Downtown is Major Commercial, applicable to the area bounded by Bridge Street, Huron Street, Victoria Avenue and River Road. The permitted uses for this designation include a full range of retail outlets, personal service shops and office space to serve the needs of the entire market population. Additional permitted uses include mixed use developments, recreational, community and cultural facilities as secondary uses. Residential projects may be permitted subject to appropriate provisions in a Zoning By-law amendment and other relevant sections of the Official Plan. The Major Commercial policies include specific policies for the Central Business District (CBD) which promote: a) the CBD as the primary business and administrative centre of the City to reinforce the existing government and banking services; b) Centennial Square as the focal point for public activities where, as far as possible, government departments and agencies shall be grouped into complexes to form a civic centre and the civic centre concept will be expanded to include cultural, recreation, entertainment facilities and other complementary uses; c) Queen Street as a pedestrian oriented retail shopping area; d) the concentration of major office development at the western end of the CBD with ready access to Victoria Avenue and lands along Bridge Street shall provide for the expansion of automobile-oriented commercial uses; and e) the redevelopment on a large scale of the lands between the former rail line and River Road with development standards established through an implementing zoning By-law without further amendment to this Plan. To this end the City may participate in the acquisition of land to help facilitate redevelopment. RCI CONSULTING | GSP GROUP INC. 24 Page 260 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 3.3.3 Minor Commercial To the west of the CBD, the properties fronting on Victoria Avenue are currently designated as Minor Commercial. This designation is intended for a moderate concentration of commercial space ranging in size from 3,700 to 10,200 square metres of gross leasable retail floor area. The permitted uses include a wide range of retail outlets and personal service shops and limited offices, all on a small scale to serve smaller segments of the population. 3.3.4 Special Policy Area No. 7 The lands located on the north side of Bridge Street are part of a larger district (to the north, across the railway) which is designated Industrial and subject to the policies of Special Policy Area No. 7 (SPA 7). The SPA policies state that the future use of this area is uncertain and further study will be required. The lands were included in a Thirty Year Plan prepared by the Niagara Falls Bridge Commission. Although the lands are intended for redevelopment, the details of any redevelopment will require review by agencies and public involvement. A portion of this area has a physical and functional connection to the adjoining Downtown area. This portion, located between Bridge Street and the active railway corridor, includes such uses as the passenger train station and a number of automotive related and light industrial uses. Future land use options for this area should consider compatibility with the desired uses and activities for the Downtown. 3.3.5 Community Improvement Part 4, Section 11 of the Official Plan contains the Community Improvement polices for the City of Niagara Falls. This section includes the general enabling policies for the designation of Community Improvement Project Areas and a range of criteria which may characterize Project Areas. The municipality has designated a number of Community Improvement Areas which are illustrated on Schedule “E” Community Improvement Areas of the Official Plan (see Appendix A). Policy 11.2 provides a number of criteria which may characterize Community Improvement Project Areas, as follows: • A significant portion of the housing stock is in need of rehabilitation; • Inadequate engineering or transportation services such as storm and sanitary sewers and watermains, street lighting, roads, curbs, sidewalks and public transit; • Inadequate community services such as public indoor/outdoor recreational facilities, public open space and public social facilities; • Encroachment of incompatible land uses; • Inadequate parking facilities; • Poor overall streetscape and urban design; • Existing or potential Business Improvement Areas; • Buildings in need of physical improvements or repairs, including facade treatment; • Vacant lots with redevelopment or infill potential to better utilize the base for urban areas; • Underdeveloped properties which have potential for redevelopment or expansion to better utilize the land base (i.e. residential apartments above commercial uses in downtown areas). As discussed in the Critical Needs Analysis, the Downtown Area clearly exhibits many of these characteristics. The designation of the Downtown Area as a community improvement project area meets the criteria for designation as specified in the Official Plan Policy 11.5 outlines the actions which the City can take to implement the Community Improvement policies in the Official Plan. This includes: • Support existing and possible Business Improvement Areas; • Refine zoning controls to maximize business opportunity; RCI CONSULTING | GSP GROUP INC. 25 Page 261 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 • Use site plan control to coordinate development; • Enforce the City’s Property Standards By-law; • Maximize use of government funds and programs; • Encourage rehabilitation and reuse of existing buildings; • Assist new development with land acquisition; • Preserve historical structures; • Encourage infilling of vacant lots; • Encourage the acquisition of land for recreation and community purposes; • Encourage community organizations to provide financial assistance for community improvement and assisted housing. 3.3.6 Amenity and Design Strategy Part 3, Section 5 of the Official Plan contains policies intended to improve the physical appearance of the City, foster a sense of community pride and promote business investment. Specific policies address elements such as streetscaping, parking lot design and landscape treatment. While these polices are intended to apply across the municipality, due to the issues around streetscaping, parking lot design and landscaping identified in the Critical Needs Analysis, adherence to these policies in the Downtown is particularly important. 3.3.7 Existing Community Improvement Plans Within the existing Central Business District Community Improvement Area, there are five existing Community Improvement Project Areas for which Community Improvement Plans have been prepared. These five Plans are centered on the Queen Street corridor and encompass the area located within Park Street, River Road, Huron Street and Victoria Avenue, the boundaries are shown on the Figure 4. These plans include the: 1) Queen Street/River Road Redevelopment Plan (December 1984); 2) Queen Street (Erie to Ontario Avenue) Redevelopment Plan (June 1985); 3) Queen Street (Ontario Avenue to Crysler Avenue) CIP (January 1987); 4) Queen Street (Crysler Avenue to Buckley Avenue) CIP (March 1988); and, 5) Valley Way (Buckley Avenue to Huron Street) CIP (December 1989). These five community improvement project areas were designated by by-law through the passing of two by-laws by the City of Niagara Falls, By-law No. 81-245 passed in 1981 and By-law No. 87-2 passed in 1987. A common element of the five CIPs is the use of the CAUSE Study, (Community Assistance for an Urban Study Effort) as a primary background document. This study was completed for the Niagara Falls Downtown in April of 1984. The CAUSE study was commissioned by the Downtown Board of Management and undertaken by a team of Ontario architects for the purpose of identifying opportunities to improve the downtown. 3.3.7.1 Queen Street/River Road Redevelopment Plan The Queen Street/River Road Redevelopment Plan is the oldest of the four CIPs, adopted by the Ministry of Municipal Affairs in December of 1984, soon after the completion of the CAUSE Study. The intent of this CIP was to capitalize on the Programs for Renewal, Improvement and Development (PRIDE) and financial assistance programs being administered by the Ministry of Municipal Affairs. The objectives of the Queen Street/River Road Redevelopment Plan focus on improvements within the public realm and generally do not offer incentives to private property owners. This plan focuses on the easterly entrance way to the downtown area. The project area boundaries encompass the section of Queen Street from City Hall east to River Road. RCI CONSULTING | GSP GROUP INC. 26 Page 262 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 27 RCI CONSULTING | GSP GROUP INC. 27 Page 263 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Municipal servicing improvements, including the replacement or installation of underground services, road and sidewalk reconstruction and intersection improvements were recommended in this plan to accommodate possible future development or redevelopment in the area. Most of these improvements have been made. The aesthetic improvements in this CIP focus on the entranceway from River Road to the Downtown. As already discussed, the signed entrance feature and landscaping, while well executed, do not provide a dramatic entranceway feature to entice tourist traffic into the downtown area. 3.3.7.2 Queen Street (Erie to Ontario Avenue) Redevelopment Plan The Erie to Ontario Avenue Redevelopment Plan was approved in June of 1985 and encompasses an area immediately to the west of the Queen Street/River Road Plan described above. The basis for the Erie – Ontario Plan is similar to the Queen Street/River Road Plan as the Plan was formulated to take advantage of the new Provincial Commercial Area Improvement Program (CAIP) financial assistance program and the opportunity to implement further recommendations contained in the CAUSE Study. Again, the main components of this redevelopment plan focussed on municipal infrastructure improvements and aesthetic improvements. The main focus of the aesthetic improvements was the integration of a visibly beautified Centennial Square with an attractive pedestrian oriented Queen Street. This included trees, shrubs, flowers and sod for the Civic Square area. These improvements to the Civic Square now look dated. Other specific improvements included reconstruction of sidewalks, new street lighting, introduction of street furniture and additional landscaping material. 3.3.7.3 Queen Street (Ontario Avenue to Crysler Avenue) Community Improvement Plan Approved in January of 1987, the Ontario Avenue to Crysler Avenue CIP was prepared to take advantage of an allocation of $350,000 from the Province for the CAIP with a matching allocation of $350,000 from the City. This project allowed the City and BIA management to continue making improvements to the Queen Street area in line with improvements initiated under the two previous plans. The specific improvements included improvements to street lighting, furniture and landscaping. Improvements also focused on the installation of new sanitary and storm sewers and watermains as outdated infrastructure was identified as one of the problems along Queen Street. 3.3.7.4 Queen Street (Crysler Avenue to Buckley Avenue) Community Improvement Plan Approved in March 1988, the Crysler Avenue to Buckley Avenue CIP is similar to the previously noted Plans. The improvements proposed by the Plan were restricted to those lands within the Queen Street public road allowance. This included improvements to street lighting, road grade and surfaces, installation of new sanitary and storm sewers and watermains, traffic lights, street furnishings and landscaping improvements. 3.3.7.5 The Valley Way (Buckley Avenue to Huron Street) Community Improvement Plan Approved in December 1989, this CIP affects the westernmost area of the downtown and has a similar basis as the other CIPs. The improvements implemented as a result of the CIP were limited to the Valley Way road allowance from Huron Street to the intersection of Valley Way with Queen Street and Buckley Avenue. This included the redesign of the intersection at Valley Way and Queen Street including the construction of a new centre median, reconstruction of the sidewalks, installation of new street lighting and street furniture, replacement of the existing sanitary and storm sewers and watermain, and new landscaping along the street edges and within the centre median. As discussed, the majority of the works appear to have been completed in accordance with the approved Plan. RCI CONSULTING | GSP GROUP INC. 28 Page 264 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 The five CIPs have provided for significant physical improvements along the Queen Street corridor, including the construction of gateways, streetscaping elements, infrastructure improvements and landscaping and aesthetic improvements. In partnership with the Province of Ontario, over 3.4 million dollars have been spent to implement the recommendations of these CIPs. A limitation of these CIP initiatives is that the spending has been restricted to municipally owned properties and streetscape improvements. These projects on their own without other initiatives and incentives have not been sufficient to generate significant new private sector investment and rehabilitation. This CIP builds on the physical improvements achieved by the former CIP’s with financial incentives programs designed to stimulate the redevelopment of private properties complementing the municipality’s improvements to the physical character of the downtown. RCI CONSULTING | GSP GROUP INC. 29 Page 265 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 4.0 COMMUNITY IMPROVEMENT PROJECT AREA 4.1 Methodology The Downtown Community Improvement Project Area shown in Figure 5 was chosen based on a detailed boundary analysis that included the following activities in the Downtown Study Area: • a walking tour; • analysis of aerial photographs; • analysis of future land use designations as per the Official Plan; • analysis of permitted zoning as per the Zoning By-law; • physical and functional characteristics of buildings; and, • consultation with City staff. 4.2 Downtown Community Improvement Project Area The recommended Downtown Community Improvement Project Area is the same as the Downtown Study Area with the exception of the residential block bounded by Huron Street, Erie Avenue, Morrison Street and Zimmerman Avenue, and the triangular residential and institutional block bounded by Huron Street, Zimmerman Avenue and River Road. These two blocks were excluded from the suggested Downtown Community Improvement Project Area because they contain several large heritage homes that operate as bed and breakfasts, are in large part zoned for low density residential development or institutional use, and are similar in character and zoning to the residential area south of Morrison Street. While predominantly a singe-detached residential area, the four block area bounded by Huron Street, Buckley Avenue, Morrison Street and Ontario Avenue was included in the Downtown Community Improvement Project Area because the two blocks between Crysler and Ontario Avenue already include several high-rise apartment buildings and this entire four block area is zoned R5F (Residential Apartment) with a maximum height limit of 28 metres (93 feet). Therefore, this four block area offers the greatest opportunity for conversion and infill to higher density housing in the future. This will help to increase the number of people living Downtown in close proximity to and supporting Downtown businesses. The two blocks at the southwest corner of the Downtown Community Improvement Project Area on either side of Victoria Avenue offer excellent visibility from Victoria Avenue. With several vacant and underutilized properties, including the former vacant Canadian Tire Store, these blocks present good commercial, residential and institutional development opportunities. Along with the two triangular blocks to the north that are intersected by Valley Way, these blocks could serve as an impressive entrance gateway from Victoria Avenue into the Downtown. The area west of Victoria Avenue stretching north to Morrison Street and the area north of Bridge Street bounded by Victoria Avenue, Bridge Street, First Avenue and the northern property line of the former Kimberly Clark property roughly at the terminus of First Avenue over to Victoria Avenue was included in the Project Area for a number of reasons. The block bounded by Victoria Avenue, Huron Street, First Avenue and Maple Avenue contains St. Patrick’s Church, Elementary School and Hall. These buildings, and the church in particular provide a strong visual anchor on the west side of Victoria Avenue. These buildings are currently in good condition. However, should they cease to function as institutional uses at some time in the future, it would be important to preserve the heritage of these buildings and to explore redevelopment options presented by the large playground at the rear of these buildings. RCI CONSULTING | GSP GROUP INC. 30 Page 266 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 31 Page 267 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 The block bounded by Victoria Avenue, Maple Street, First Avenue and Bridge Street was included in the Project Area because close examination of this block revealed it to be in need of physical rehabilitation, especially when compared to the good condition of the institutional buildings and properties to the south. There were also a few business vacancies on this block. This block contains a large T-shaped parking lot that runs between Victoria Avenue, First Avenue and out to Bridge Street. This property represents a significant redevelopment opportunity in this block. The area north of Bridge Street bounded by Victoria Avenue, Bridge Street, First Avenue and the northern property line of the former Kimberly Clark building was included in the Project Area because this area contains a large property with a vacant and abandoned building (formerly Kimberly Clark). This property along with the adjacent gas bar, delivery company and a small internet/graphics business have high visibility from Victoria Avenue and could eventually serve as part of a secondary gateway or entrance into the Downtown from Victoria Avenue. Finally, the industrially designated and zoned triangular shaped area east of Victoria Avenue between Bridge Street and the CN/CP rail line was also included in the Project Area for several reasons. While this area is zoned for light industrial uses and contains predominantly automotive repair facilities and automobile service stations, this area is physically separated from the large industrial area to the north by the CN/CP rail line. Because of this physical separation, and because this small triangular area faces predominantly residential uses along the south side of Bridge Street, this area has far more connection to the downtown than to the industrial area to the north. This area contains large land parcels with potential for redevelopment. This area is also highly visible from Victoria Avenue and could eventually serve as a secondary gateway or entrance into the Downtown from Victoria Avenue. As noted in Section 3.3.7 of this report, the recommended Downtown Community Improvement Project Area includes five community improvement project areas for which CIPs were prepared during the 1980’s. These community improvement project areas were designated by by-laws 81-245 and 87-2. The CIPs associated with these community improvement project areas were adopted by the City of Niagara Falls and approved by the Minister of Municipal Affairs and Housing. Therefore, it is recommended that the two by-laws (81-245 and 87-2) designating the community improvement project areas and any by-laws adopting the Downtown CIPs associated with the community improvement project areas be repealed and replaced with a single by-law designating the new Downtown Community Improvement Project Area and a single by-law adopting this new Downtown CIP. RCI CONSULTING | GSP GROUP INC. 32 Page 268 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 5.0 COMMUNITY PARTICIPATION A Public Meeting/Workshop was held with downtown stakeholders on September 10, 2003 to discuss downtown issues and improvement possibilities. Invitations were sent to members of the BIA, major landowners, agencies, residents and others who had indicated a desire to participate in downtown improvements. The Workshop was also advertised in the local newspaper. Over 30 people attended the workshop, including business owners and representatives, property owners, residents, agencies, City staff and Councillors. The Workshop began with a presentation on the characteristics of Downtown Niagara Falls and downtown redevelopment trends in general. The Workshop attendees then assembled into four discussion groups to review and discuss downtown strengths, weaknesses, and directions for Downtown Niagara Falls in the future. A number of consistent themes around the strengths and weaknesses of the Downtown emerged from the workshop, and these are summarized below. 5.1 Downtown Strengths • Lots of history, character and old buildings; • Central location in the community; • Housing available; • Rail corridor is available for re-use; • Banks, Churches, services, offices, clubs all draw people downtown at this time; • Plenty of parking downtown; • Transit, bus and train stations are all downtown; • Farmers Market building downtown, can be re-used; • Shopping on Queen Street is comprised of businesses who know you and give good service; • Downtown serves as a meeting place and has a strong sense of community; • Available land for new development presents opportunities; • Property taxes are low; • Potential to attract tourists: 14 million people a year nearby at The Falls; 5.2 Downtown Weaknesses • Absentee owners do not maintain their properties; • No consistent hours for shops; • Parking rates (parking is not free), fines and strong enforcement of parking fees; • Whirlpool Bridge traffic has decreased with NEXUS program; • Downtown has a poor image and a perception that the area is unsafe; • Problems with downtown bars • Feeling of political neglect and lack of funding for Downtown • A disconnect between Downtown business owners/operators and the City; • City is not flexible with respect to permits, code enforcement, sidewalk vendors; • Marginal businesses now locating Downtown, many second-hand stores; • Building conditions are generally poor, vacancy rates are high; • Sidewalks in poor condition; • Poor signage at gateways to Downtown; • Bridge Street is dominated by automotive uses which are visually weak along this busy street; • Many civic functions are not located Downtown; • Need to clean up the Downtown; • Lack of greenspace and an area for large of events or gatherings; • No incentives available for improvements; • No large festivals Downtown; • Lack of retail diversity and strength; RCI CONSULTING | GSP GROUP INC. 33 Page 269 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 5.3 Downtown Vision Based on the strengths and weaknesses they identified in the Downtown, the workshop participants were asked to develop a vision for Downtown Niagara Falls, i.e., the things they would like to see happen in the Downtown. Again, consistent themes emerged and these are listed below. It is this vision that guided the development of the land use and urban design plan and financial incentive programs contained in this CIP. • More stores are needed to fill new niches and create diversity in retail; • Build on the heritage of Downtown and the character of its older buildings; • Develop culture and entertainment activities Downtown; • Develop more residential units Downtown; • Foster better cooperation between the City and Downtown businesses; • Create programs and incentives to encourage reinvestment and improvement, for both small and large scale projects; • New restaurants and cafes are needed; • Improve the gateways to Downtown with greenspace, signage and residential development; • Consider a Niagara-on-the-Lake appearance; • Enhance the role of Downtown as a meeting place; • Limit sprawl in the City and promote infill and downtown redevelopment; • Use the abandoned rail corridor for trail and cycling purposes and connection to The Falls; • The Niagara Parkway trail misses Downtown and should be routed through Downtown; • Consider a year round in-door mall with specialty shops; • Develop a sports complex; • Hold new festivals Downtown; • Encourage a sense of community and a more urban “European” lifestyle; • Develop heritage tourism, museums and other facilities; • Tap into the tourism market and develop linkages with tourist areas; • Foster education and develop promotional cooperation between stakeholders in the Downtown; • Create a strong City commitment to the Downtown; • Increase Whirlpool Bridge traffic through the Downtown. The Critical Needs Analysis and Downtown Vision were used to develop a preliminary land use plan, public realm improvements and an urban design plan for the Downtown. In order to help achieve the vision for Downtown, preliminary financial incentive programs were also developed. These preliminary land use plans and financial incentive programs were presented at a second public meeting which was held in March of 2004 and was attended by 70 people. Attendees were given an opportunity to provide comments at the meeting and in the weeks following the meeting by way of written comments. These comments along with comments by City staff were utilized to finalize the land use and urban design plan and the financial incentive programs contained in this CIP. RCI CONSULTING | GSP GROUP INC. 34 Page 270 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6.0 LAND USE AND URBAN DESIGN PLAN 6.1 Introduction The critical needs analysis, public input and vision for the Downtown indicate that land use planning and urban design should promote a shift in the role of Downtown from a traditional retail/commercial area to a more diverse, mixed use area. Retail, service and office functions will remain strong components of Downtown. But, these uses will be joined with and supported by housing, entertainment, cultural activities, institutions and civic facilities. These uses will generate activity in Downtown and make it a more vibrant, lively “people place”. These activities can take place in existing buildings and in new buildings constructed on the many underutilized properties Downtown. In addition to serving Niagara Falls residents with shopping, services and cultural activities, Downtown can also serve as a destination for the many tourists visiting the City. The Falls, Clifton Hill and the casinos are located a short distance to the south. Attractions to the north include the cable car, butterfly museum and generating station. The recently announced Ripley’s aquarium, indoor waterpark and resort on Victoria Street is only 0.5 kilometre north of Downtown. Downtown is located between these destinations, and with the creation of its own unique attractions and improved accessibility and visibility, Downtown Niagara Falls should be able to attract tourists to visit, explore, shop and dine. Improvements to the public realm and a high quality of urban design will be important to attract people to Downtown. The City will have a significant role to play in designing and building the public realm to support this urban lifestyle and in attracting private sector investment to achieve the transformation of Downtown Niagara Falls. This section of the Plan outlines a conceptual land use plan and urban design framework for Downtown Niagara Falls and identifies possible targeted improvement projects for the City and private sector to pursue to achieve the desired vision for the Downtown. Recommendations are also made around further planning and urban design guideline work necessary to implement the CIP. 6.2 Conceptual Land Use Plan A conceptual land use plan for Downtown Niagara Falls is presented in Figure 6 and each of the Downtown districts is described below. The Downtown is comprised of a series of smaller neighbourhoods with different characteristics and uses. The concept plan identifies these districts, the key planned land uses that could occur within them, as well as the scale and height of development that should be considered in order to promote both redevelopment and compatibility with surrounding areas. Specific policies and regulations (density, height, and setbacks) should be determined through more detailed study and included in revisions to the zoning by-law. The underlying premise of this land use framework is that it will help create a diverse, mixed use neighbourhood containing a wide range of commercial activity, services, entertainment, cultural affairs and housing. A key thrust for the City should be the promotion of housing in the Downtown area. Planning policies, zoning regulations, development incentives and urban design should focus on creating a strategy that provides: a) an opportunity for housing at medium to high densities; b) a variety of different housing forms or types; c) neighbourhood facilities to support residents of this housing; and, d) high quality urban and architectural design to ensure a high quality built environment. RCI CONSULTING | GSP GROUP INC. 35 Page 271 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 36 Page 272 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6.2.1 Western Gateway The western gateway along Victoria Street is one of the principal entrances into Downtown and is the connection between downtown and the residential neighbourhoods to the west. Because Victoria Avenue serves as the main north/south route between the new indoor waterpark/resort to the north and The Falls Tourist Area and casinos to the south, there is an excellent opportunity to enhance this major entrance gateway into the Downtown. There is an opportunity to intensify development in this district by adding new residential units, retail, service, office and institutional space. The western gateway should be a mixed use area with a wide range of uses permitted in mid rise buildings of up to 10 storeys in height with four storeys being the height limit on the western edge adjacent to First Avenue and the low rise neighbourhood to the west. There are several key redevelopment sites in this district in the vicinity of Victoria Avenue and Valley Way, and at the corner of Victoria Avenue and Bridge Street. These sites could easily accommodate a significant number of new residential units. 6.2.2 Queen Street Queen Street between Buckley Avenue and Erie Avenue should be the “main street” retail heart of Niagara Falls. A mix of land uses should be promoted in this area including retail, service, entertainment, office, institutional and residential to promote that diverse mix of uses found along healthy main streets. Generally, commercial, entertainment, cultural and similar uses should be located on the ground floor to provide a continuous vibrancy to the street, and residential uses can be located on the upper floors. There is a great opportunity to fill currently vacant space and provide building improvements, including facade improvements, to bring new life to the building stock. Queen Street exhibits a traditional main street urban form with buildings located at the street line and two to three storey building heights. Planning regulations should maintain the building to the street line form and provide for development of three to four storeys at the street with an increase to six storeys in height if the upper storeys are setback 10 to 20 feet from the street line. While streetscape improvements have been made along Queen Street, improvements should be made to edge Huron and Park Streets at the rear of the Queen Street block. The parking lots in this area should be edged and screened with clear and safe pedestrian routes created for mid block access to Queen Street, where appropriate. Over time, there may be an opportunity to infill the Huron and Park Street frontages with new development should the overall parking supply be provided elsewhere in the Downtown through one or more parking structures. The farmer’s market pavilion is located on Park Street. With appropriate enhancements, it could be revived in that location, or it could be moved to a main street location adjacent to City Hall in conjunction with proposed improvements in that area. The preservation and restoration of facades along Queen Street is important to retain the character and history of this main street. The City of Niagara Falls prepared a Facade Improvement Plan and Revitalization Strategy in 1988 which focused on Queen Street. While this plan was never fully implemented, it could serve as the basis for a facade design manual for all districts. 6.2.3 Civic Square Block The City Hall block should be enhanced as the focal point of Downtown activity and the symbolic heart of the community. The streetscape should be enhanced with civic square elements brought closer to the street and improved seating provided. The area around the old Court House building could be converted into civic, cultural, RCI CONSULTING | GSP GROUP INC. 37 Page 273 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 entertainment or restaurant facilities which could serve to animate the square or provide functional space for related events in the area. Centennial Square in front of City Hall is currently underutilized. The parking lot on the east side of Erie Avenue can be redeveloped into civic open space which can be used for festivals, markets, concerts and similar activities. This is also a very good location for a downtown market which could act as a catalyst for improvement of this block and ultimately all of Queen Street. The City has a significant parking supply on this block to accommodate its needs and that of the adjacent Acres office building. With the redevelopment of other parking areas and intensification of activity downtown, it may be necessary to develop parking structures to support this increased level of activity. Being setback from Queen Street but yet a short walking distance to Queen Street, the lands between City Hall/Acres building and the Police Headquarters serve as an ideal site to accommodate structured parking. This parking could serve the needs of these office buildings during the week and retail, service and entertainment activities during the evening and weekends given there opposite peak periods. 6.2.4 Transportation District Local and inter-city transportation facilities are clustered in the vicinity of Bridge Street and Erie Avenue. This district should continue to serve as a hub of transportation activities for train service, inter-city bus, city buses and the Niagara Parks system people mover. Improvements should be made to the streetscape, signage and lighting to enhance the area and provide pedestrian comfort and safety. In the long term, the bus maintenance facility should be relocated as it does not add to the character and activity of downtown. It is better located in an industrial area elsewhere in the community. The site of the bus maintenance facility is a good candidate for redevelopment and can be consolidated with the former rail corridor to the west to create a larger land parcel. 6.2.5 Open Space Corridor The former rail corridor which travels through the east end of Downtown to the Whirlpool Bridge provides a unique opportunity for Downtown. This corridor is owned by the City, except for the portion north of Queen Street, which is owned by CP Railway. The former rail corridor could be converted to a multi-use walking/cycling trail which will link Downtown to the Falls and the Bender Hill Casino area to the south, providing another way for tourists who wish to explore the community to reach Downtown. As well, the trail will connect the residential neighbourhoods between Bender Hill and the Downtown with the Downtown and the civic space to be developed near City Hall. Downtown is lacking a large public space for festivals, markets, concerts and other outdoor activity which is important to the health and vitality of downtown. Additional civic space can be developed in the triangular shaped parcel now used for parking between the former rail corridor, Erie Avenue and Queen Street. The design of this central public space can also include Erie Avenue so that the street could be closed during major events to provide a continuous civic space from the rail corridor to the Acres building. Enhancements to this area should create a flexible major focal point that accommodates casual activities such as a relaxing place to enjoy lunch to a venue for formal and organized activities. The trail corridor north of Queen Street could terminate with an elevated outlook above River Road and the Niagara River Gorge, with a transition from the off-road corridor to the City street and River Road sidewalk and trail system. Alternatively, the rail corridor north of Queen Street could be retained and used for property consolidation to permit development. In this case, the trail would terminate at Queen Street with a transition to Queen Street. If demand warrants in the future, the trail corridor could be used for some other form of public transit to link Downtown with The Falls area. RCI CONSULTING | GSP GROUP INC. 38 Page 274 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6.2.6 Heritage Commercial District A small enclave of historic buildings in the vicinity of Park Street and Zimmerman Avenue provides a unique opportunity to maintain and celebrate the history of Niagara Falls though its buildings and promote a heritage tourist destination. While some of these buildings have been improved and converted to new uses, several others remain underutilized, but with great potential. Within this mixed use area, it may be possible to also develop arts and cultural activities which can capitalize on the unique heritage aspects of the buildings. This area could develop as a mixed use area with a variety of housing, office, service, entertainment, retail and cultural activities. It would be desirable to create an arts and culture role for Downtown and this possibility should be explored in this area given its unique building, character and proximity to the trail and major civic space. Improved historic building Emphasis in this area should be on preserving key historical buildings. New buildings in this district should be located close to the street line to maintain the current form, with medium rise buildings, and flexibility for some high rise buildings which maintain proper pedestrian scale at grade level and integrate with historic buildings. Again, preparation of and adherence to urban design guidelines in this district will be important to promoting appropriate heritage building restoration and to preserving and optimizing views. 6.2.7 Eastern Gateway Because this district contains vacant lots, parking lots, single detached houses as well as several older motels, significant redevelopment opportunities exist in this area. This area should be focused on high density housing, hotels to support the tourism industry or similar uses. Commercial and other related activities could be located at grade. Residential and hotel type development in this area will serve to provide opportunities for people to live in a downtown urban environment and support the various commercial activities of Downtown. The location adjacent to the Niagara River provides a unique opportunity to create a Downtown gateway along River Road as well as capitalize on unique views of the Niagara River and Falls. Mid rise buildings of 10 storeys in height are appropriate in this area. But, in order to create a physical gateway feature and to capitalize on the unique views as previously discussed, it may be appropriate to consider high rise building heights in this area. High rise buildings would have to be sensitively designed and sited so as not to form a continuous wall when viewed from the rest of the City or from Niagara Falls, New York. The redevelopment sites in this area are small and lend themselves to point tower (thin tower) development which would assist in minimizing their visual impact. The Eastern Gateway area is currently referred to as a “free enterprise zone” in the Official Plan to encourage high density redevelopment on a large, comprehensive scale. However, there are no specific policies, guidelines or zoning in the Official Plan for this area to guide high density development. A comprehensive strategy including new policies, zoning by-law regulations and design guidelines should be developed and appropriate building heights tested through an urban design study prior to determination of the most appropriate range of building heights for this area. RCI CONSULTING | GSP GROUP INC. 39 Page 275 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6.2.8 Southern Residential Neighbourhood The existing residential neighbourhood between Huron and Morrison Streets presents some opportunities to intensify within this downtown neighbourhood and add more people living downtown. The existing planning framework for this area provides for apartment residential development up to nine storeys in height. It is suggested that this mid rise scale of development continue to be permitted but that the area zoning be more flexible to also permit multiple unit housing forms other than apartments. 6.2.9 Park/Bridge Neighbourhood This block between Park Street in the south and Bridge Street and the railway line in the north contains a variety of land uses and activities with residential as the predominant use. The non-residential activity in this area is generally automotive commercial in nature and one industry is still located on Park Street at Ontario Avenue. As well, the City bus maintenance facility and its associated parking lot consume a large amount of land at the eastern end of this neighbourhood. There are several opportunities for redevelopment and improvement in this area. If relocated, the bus maintenance facility provides residential redevelopment opportunities. Vacant land on the north side Bridge Street also presents development opportunities. While they provide a needed service in the community, the automotive businesses in this area are a low intensity use with typically single purpose trips, and they do not support the vibrant pedestrian-oriented, mixed use objectives for the downtown. The former rail corridor in this area should be reviewed to determine its feasibility for use as part of the trail system. If determined that it is not required as part of the trail system, the former rail corridor should be consolidated with adjacent properties and offered for development purposes. It is suggested that the principal land use in this area should be residential with a wide range of housing types encouraged to add diversity to downtown. There are many existing houses in the Bridge to Park Street block and it is recommended that building heights in this district be permitted in the four to six storey range to promote compatibility with existing residential uses while still providing for significant intensification. North of Bridge Street, taller buildings heights of up to 10 storey could be accommodated on the larger properties created through redevelopment and consolidation. Higher residential densities here will also reinforce the gateway function of Bridge Street and Victoria Avenue and provide more customers for commercial uses Downtown. The land north of Bridge Street backs onto an operating railway. The tracks are lower than the land. Through building setbacks, architectural design and construction engineering, rail noise and vibration can usually be attenuated to acceptable residential levels. However, a noise impact study should precede development to determine appropriate land uses and development strategies adjacent to the railway. While it is desirable to concentrate commercial activity in the downtown on its principal street, many downtowns experience conversion of houses to office and service uses on side streets near the principal street. This type of conversion may be appropriate along Park Street to provide the opportunity for small businesses to have unique office facilities and to provide for live/work arrangements. It is suggested that the City may wish to play a role in property consolidation in this area in order to facilitate new residential development and possibly the development of recreational uses. The City currently owns some of the land in the corridor and will have the ability to acquire additional land to provide for redevelopment through the legislative powers of the community improvement plan. Consolidated vacant land can then be offered to achieve the desired residential redevelopment. RCI CONSULTING | GSP GROUP INC. 40 Page 276 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6.2.10 Direction The proposed land use framework in this section recognizes and builds on the existing strengths of Downtown, the Queen Street retail strip, the City Hall and civic square focal point, the rich heritage found near Bridge Street and along Queen Street, and provides for new redevelopment opportunities within Downtown. The land use framework provides for a mix of land uses with an emphasis on promoting new housing Downtown. New Official Plan policies and zoning by-law regulations should be based on the land use framework. The recommended land uses and building heights presented in this CIP section are general suggestions requiring review and refinement through a revised zoning by-law and new urban design guidelines for the Downtown that integrate built form and land use. 6.3 Public Realm and Urban Design Plan One of the important components of downtown improvement will be the creation of a more liveable community with high quality public spaces and buildings. Downtown should become a community with a strong pedestrian-scaled form, a mix of uses and the necessary public infrastructure and amenities to support those living, working and visiting the Downtown. It will be important to develop essential “third places”, the public and private spaces such as parks, sidewalks, cafes and pubs, where people gather, interact and create our society. Downtown Niagara Falls has a traditional form and arrangement. It has a finely grained street fabric and small blocks; a traditional arrangement between the street, sidewalk and building wall; and, a compact urban form. This physical form is conducive to pedestrian activity and should therefore be continued and reinforced. 6.3.1 Streetscape and Gateways Previous community improvement plans in the Downtown concentrated on Queen Street, resulting in significant streetscape improvements and Downtown entrance treatments at the eastern and western entrances to Queen Street. These streetscape improvements were well designed and provide a positive image for downtown. A number of other public realm improvements should be made, building on the design theme of previous streetscape initiatives. These recommended improvements are described below and illustrated in the conceptual Public Realm and Urban Design Plan shown in Figure 7. The gateways to Downtown should be strengthened. At Valley Way and Victoria Avenue, new buildings can be located close to the street to frame the intersection. The small triangular-shaped lot between Valley Way, Victoria Avenue and Morrison Street can be acquired by the City and developed as a treed island signifying the entrance to downtown. Various sidewalk and street crossing improvements can also be made in this area. An improved gateway to Downtown should also be created at Bridge Street and Victoria Avenue. Again, new development can be located close to the street framing the intersection and the appropriate lighting, pavement and planting treatments similar to the gateway intersection three blocks to the south should be employed. Enhanced street edging RCI CONSULTING | GSP GROUP INC. 41 Page 277 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 42 Page 278 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Intersection crossings for pedestrians At the eastern edge of Downtown, consideration should be given to locating a roundabout at the intersection of Queen Street and River Road, subject to a feasibility study. The roundabout would assist in clearly signifying arrival at Downtown and slowing traffic at this gateway entrance. The roundabout could also compliment a viewing point at this gateway. Lastly, the intersection of Bridge Street and River Road should also be enhanced to signify a fourth Downtown gateway entrance. The parking lots along Park and Huron Streets have poor edge conditions. The streetscape along Park and Huron Streets should be enhanced by edging the parking lots with screen walls or low fencing, shrubs and street trees to clearly delineate the pedestrian and automotive zones. Enhanced street edges adjacent to parking area 6.3.2 Public Spaces The former railway corridor is a significant opportunity to provide a new link to the residential neighbourhoods to the south, Bender Hill (casino district) and the Falls area. The corridor can be developed with both a pedestrian trail and bikeway connecting to the Niagara Parkway cycling route. A viewing area already exists at Queen Street and another overlook or platform could be developed near the end of the trail adjacent to River Road if the trail is extended this far. Rail to trail conversion Centennial Square in front of City Hall is the only significant green area in Downtown. It is too small to handle major festivals or activities on its own. It is important for Downtown to have a large public space as a focal point for civic activities, festivals and simply as a place to relax or gather with friends. Several options to provide this type of space were considered including east of City Hall on the parking lot east of Erie Avenue; the Victoria/Queen/Valley Way block; and, the vacant land at the northeast corner of Bridge and Victoria. It is recommended that the land east of City Hall be developed as a new Civic Square/Park area for the following reasons: RCI CONSULTING | GSP GROUP INC. 43 Page 279 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 ▪ The City already owns some of this property and can consolidate it with the rail land; ▪ The park can be integrated with the Centennial Square/City Hall complex; ▪ The new trail will directly link other neighbourhoods in the City with this central meeting space; ▪ The people-mover could stop in the vicinity; ▪ New public activity in the area of the old Court House can support or spill over into this public space; ▪ The park can be designed so that Erie Street remains open during the week but could be closed on weekends or during events in order to expand the useable area of the park. With the development of new housing north of Bridge Street, a berm and planting area could be located on the south side of the railway tracks in order to buffer the site from the railway and provide some noise attenuation. Small parks could be created in this block as well as in the redevelopment sites between Park and Bridge Streets, possibly at the end of Ontario Avenue. 6.3.3 Urban Design Guidelines A high quality urban environment is necessary to attract people and businesses to the Downtown. The preparation of urban design and streetscape guidelines will assist the City in articulating its development principles and communicating them to the community and development industry. These guidelines will also assist in the design of public works in Downtown, the preservation of the architectural heritage of the area, and facade improvements along Queen Street. The urban design guidelines can be prepared to address specific design issues such as gateway treatments at the four principal intersections; development proposals in the eastern areas, infill residential development concepts in the Park/Bridge area, and redevelopment concepts for the bus maintenance facility. These design guidelines can be prepared on a district basis corresponding to the districts identified in the Conceptual Land Use Plan in Section 6.2. The Province is slowly moving forward with the implementation of a development permit system in Ontario. Several pilot projects are currently underway. The development permit system provides a municipality with the ability to tie land use, development regulations and urban design into a single approval process. The qualitative aspects of the project, such as urban design and building design, are reviewed as a package. Use of a development permit system in Downtown Niagara Falls area may be appropriate because urban design aspects of development in the Downtown are critical. Therefore, the urban design guidelines can be implemented through use of a development permit system or via use of a holding zone in the zoning by-law. The urban design guidelines should consider: building massing, profile, height and transition; architectural character, building materials, entrances and sight lines; pedestrian streetscape, street edging, landscaping, and integration with public spaces; microclimatic conditions (sun, shadow, wind); signage; parking areas and edging; compatibility with adjacent areas and sensitivity to heritage buildings and neighbourhoods. The urban design guidelines will be most important in the Eastern Gateway and Heritage Commercial areas where taller buildings and higher densities than currently exist are encouraged. RCI CONSULTING | GSP GROUP INC. 44 Page 280 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6.4 Official Plan Policies for Downtown The current policies for the Downtown are located in the Commercial section of the Official Plan, (Section 3), and speak specifically to the Central Business District (CBD). These policies are limited in their scope and extent. The current CBD policies promote the following development pattern: ▪ Reinforce the existing government and banking services, direct new corporate offices and administrative businesses to the CBD; ▪ Centennial Square is to be the focal point for public activities and form a larger civic centre concept to include cultural, recreation and entertainment facilities; ▪ Queen Street is to be a pedestrian-oriented retail shopping area; ▪ Major office development will be encouraged in the western end of the CBD along Victoria Avenue; ▪ Bridge Street shall provide for automobile-oriented commercial uses; ▪ Lands east of the rail corridor to River Road are to be of an area of “free enterprise” where development on a large, comprehensive scale is encouraged with development standards established through the zoning by-law (no further guidance is given for this area). It is recommended that these CBD policies be reviewed, refined and expanded to create a new official plan policy framework for the Downtown. It is also suggested that the term “CBD” be deleted in favour of “Downtown” as the Downtown will, in the future, be much more than a business centre. The objective of the new policies should be to create a diverse, dense mixed use area. New Official Plan principles for Downtown should include the following directions: ▪ Downtown is a mixed use area and focal point for the community; ▪ Queen Street is the focal point for pedestrian-oriented retail and service uses in the City; ▪ Development of new housing in the Downtown is encouraged to create a vibrant high density neighbourhood; ▪ The City will undertake a variety of public realm improvements to serve as a catalyst for redevelopment and to make Downtown a liveable neighbourhood; ▪ Downtown development will build on its strengths, character and heritage. Development will respect the scale and heritage of the Downtown and create an authentic downtown urban design; ▪ The City will develop a major public park in Downtown adjacent to City Hall to serve as a community focal point; ▪ Entertainment and cultural facilities are encouraged to locate Downtown to provide day and evening activity year round and to foster a lively and vibrant people place for residents of Niagara Falls and visitors; ▪ New development will be of high quality design and construction and the City will prepare design guidelines to identify its requirements for urban form, public spaces and building design in Downtown; ▪ The City will take a strong and active role in facilitating development and improvement, and will create a series of incentives and programs to encourage private sector development; ▪ The City will revise its zoning by-law for the downtown area to ensure that high density mixed use development opportunities are provided throughout Downtown, and that land will be pre-zoned in anticipation of development. The new policy framework should implement the Land Use Plan directions outlined on Section 6.2 of this CIP and Figure 6 should be translated into a land use schedule for the Downtown district. Mixed use development should be encouraged in each district to the greatest extent possible to promote diversity in Downtown. Implementing zoning regulations should focus on permitting a wide range of uses, building siting and built form, and provide flexibility with regard to density. Parking requirements should be kept to a minimum with ground floor retail and commercial activity supported by on-street parking and off-street parking lots provided by both private and municipal lots. RCI CONSULTING | GSP GROUP INC. 45 Page 281 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6.5 Targeted Improvement Projects The preceding sections of this report have outlined various objectives and strategies for downtown improvement. A number of specific projects should also be undertaken to promote revitalization. These projects should be undertaken by the City, the private sector, other agencies such as the Niagara Parks Commission, or some combination of these organizations. Completion of these projects will take a number of years, depending on public and private sector resources. These targeted projects will serve to improve the public realm, create a more liveable downtown and stimulate private sector investment in Downtown in conjunction with various other programs and incentives contained in this plan. These targeted projects along with suggested priorities (short, medium and long term) are illustrated in Figure 8. Further public discussion and detailed design will be necessary to identify costs and funding sources. Priorities can then be established and priority projects can be incorporated into the City and other agency budgets. The need for, priority and timing of parking supply increases (especially if current lots are redeveloped) and intersection improvements should be addressed through the Parking Strategy and Transportation Master Plan referenced in Section 3. One of the key thrusts in this CIP is the development of new housing Downtown. New housing will provide life and activity Downtown throughout the day and night and provide support for the various businesses and cultural initiatives locating downtown. Changing demographics, including an aging population and a smaller household size, provide favourable conditions for new multiple unit housing developments. The municipality can assist the promotion of new housing in the core by assembling land for development and undertaking a housing market study. This study will identify specific opportunities that may be available in the community. This information will be valuable to interested housing developers and could be important in convincing the development industry of opportunities in Downtown. The municipality may then offer these land parcels for residential development using a request for proposal (RFP) process. 6.6 Summary Downtown Niagara Falls should have a dense, compact urban form as found in traditional downtown and main street areas. Downtown Niagara Falls has the potential to become a vibrant and diverse, mixed use area with retail, service, entertainment, cultural, institutional, office and housing activities throughout. This CIP outlines a conceptual land use plan and urban design framework to guide improvements in support of a more active, liveable, mixed use Downtown. A series of streetscape and public realm improvements is recommended. These initiatives will be important in creating a liveable neighbourhood which supports people living, working and recreating in the downtown. Additional planning and design work will be necessary to implement the conceptual land use, public realm and urban design framework presented in this CIP. New Official Plan policies, zoning regulations and urban design guidelines should be prepared. A Parking Strategy should also be prepared to address parking supply issues. RCI CONSULTING | GSP GROUP INC. 46 Page 282 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 47 Page 283 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING | GSP GROUP INC. 48 7.0 COMMUNITY IMPROVEMENT PROGRAMS 7.1 Introduction In order for the vision and land use plan for Downtown to be realized, the critical needs as identified during the public consultation and the analysis must be addressed. These critical needs represen t the key impediments to the redevelopment of Downtown Niagara Falls, and include a need to: a) have more people living Downtown to support Downtown businesses; b) improve the physical condition of buildings and building facades to improve the image of Downtown; c) preserve and restore heritage buildings and properties to build on the history and character of the area; d) provide financial incentives to invest in the Downtown; and, e) have proactive leadership, cooperation and support from the City. The financial incentive programs developed for this CIP represent a comprehensive tool kit of programs specifically designed to address the critical needs and help achieve the vision for Downtown Niagara Falls. Comments on draft incentive programs were received at the second public consultation session and from City staff. The financial incentive programs were then modified as per the comments received and finalized. Figure 9 shows how the critical needs were translated into financial incentive programs. The following financial incentive programs will be offered in the downtown community improvement project area. 7.2 Residential Loan Program (RLP) 7.3 Commercial Building Loan and Facade Grant (CBLFG) Program 7.4 Revitalization Grant Program (RGP) For each of the financial incentives listed above (7.2 to 7.4), this section describes the program purpose, type, duration, eligibility criteria, application requirements and administrative procedures. These details are summarized in Figure 10 at the end of this section. These incentive programs can be used individually or together by a property owner. All of these programs are directed at the private sector and are designed to encourage private sector investment, redevelopment, and construction activity in the Downtown. As shown in Figure 9, these programs will be augmented and complemented by a proactive program of municipal activities known as the Municipal Downtown Leadership Strategy (MLS) which is described in Section 9.0 of this CIP. The City’s programs will also be supported and complemented by financial incentives currently offered by the Regional Municipality of Niagara, including: · waiver/exemption from regional development charges; · downtown/commercial area redevelopment incentive program; · residential conversion and intensification incentive program; · heritage restoration and improvement incentives program; · heritage properties tax reduction program; and, · brownfields incentive program. One other City program which does not actually form part of this CIP is referenced in Sectio n 8.0. The Development Charge Exemption Program will require changes to the City’s Development Charges By - law and therefore does not fall within the parameters of Section 28 of the Planning Act. As such, the DCE Program does not form part of this CIP, but will be forwarded to Council for approval as a separate recommendation and implementing by-law. Page 284 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Figure 9 Rationale for Financial Incentive Programs Critical Needs Need more people living Downtown Need to improve condition of buildings and facades to improve the image of Downtown Need to preserve and restore heritage buildings to preserve history and character of area Need to provide financial incentives to invest Downtown Need leadership, cooperation and support from City 1) Residential Loan Program (RLP) 2) Commercial Building Loan and Facade Grant (CBLFG) Program 3) Revitalization Grant Program (RGP) 4) Development Charge Exemption (DCE) Program 5) Municipal Leadership Strategy (MLS) Financial Incentive Programs RCI CONSULTING | GSP GROUP INC. 49 Page 285 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 None of the financial incentive programs contained in this CIP will be offered on a retroactive basis. Only projects that commence and make application for a financial incentive program after the date of approval of this CIP and before the commencement of any eligible works will be eligible for the incentive programs. The City will establish an administrative structure to administer the financial incentive programs. The City will identify a lead department that will be primarily responsible for coordinating and administering the implementation of the financial incentive programs. This lead department will work in cooperation with other departments to implement, monitor and adjust the financial incentive programs. 7.2 Residential Loan Program (RLP) 7.2.1 Purpose One of the major impediments to the revitalization of Downtown Niagara Falls is the lack of people living Downtown to support retail commercial uses. More people living Downtown through an increase in the number of residential units will help to support businesses in the Downtown and will also increase the municipal tax base. Therefore, residential conversion and intensification is an important component in achieving the vision for the Downtown as expressed through the Land Use Plan. There are a significant number of opportunities in Downtown Niagara Falls for the conversion of vacant space in upper stories of commercial buildings to residential use, e.g., along Queen Street, and the infilling of vacant and underutilized lots, including parking lots, with residential uses. Many of these vacant lots had buildings on them at one time. The purpose of the Residential Loan Program (RLP) is to stimulate the creation of residential units in Downtown through conversion of excess commercial space to residential units and through infilling of vacant lots with residential units. 7.2.2 Program Description The Residential Loan Program (RLP) will provide a financial incentive in the form of a no interest (0%) loan to promote residential conversion, intensification and infilling in the Downtown area. The loan will be provided on the basis of $20 per square foot of habitable floor space created, to a maximum of $20,000 per unit. The loan will be repayable in equal monthly payments over 5 years with 15% of the loan repayable every year and a lump sum payment of outstanding funds at the end of the 5-year term. The RLP will commence on or after the date of approval of the CIP by the Minister of Municipal Affairs and Housing and will be offered for a period of approximately ten (10) years from the date of introduction, subject to the availability of funding as approved by Council. The RLP can be used for rental or ownership units. However, upon the closing of the sale of any unit, the loan for that unit will be due in full. If the unit is a rental apartment, the loan term is the full 5 years. The City may require loan security and the applicant will be required to enter into a RLP Agreement with the City. The RLP is an application based program. Review and evaluation of the application and supporting materials against program eligibility requirements will be done by City staff. All RLP Applications and Agreements must be approved by City Council or Council’s designate. The City may accept applications all year round for the RLP or the City may issue a Request for Applications (RFA) for the RLP once or twice a year, depending on availability of loan funding and program interest. The City may discontinue the RLP Program at any time. However, participants in the program prior to its closing will continue to receive loan advances and will be required to repay the loan in full as determined through their RLP Agreement with the City. RCI CONSULTING | GSP GROUP INC. 50 Page 286 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 7.2.3 Eligibility Criteria All owners of properties (and their assignees) within the Downtown Community Improvement Project Area are eligible to apply for funding under the RLP, subject to meeting the following eligibility criteria, and availability of funding as approved by Council: a) The following types of projects are eligible for the RLP: i) existing commercial building (or part thereof) converting to one or more residential units; ii) existing industrial building converting to one or more residential units; iii) vacant commercial lot (including parking lots) converting to multi-residential units; iv) vacant single residential lots converting to multi-residential units; and, v) renovations to existing residential units to bring them into compliance with Building Code, the Property Standards By-law and the Fire Code b) An application for the RLP must be submitted to the City prior to the commencement of any works and prior to application for building permit; c) Such application shall include plans, estimates, contracts and other details as may be required to satisfy the City with respect to the costs of the project and conformity of the project with the CIP; d) As a condition of loan approval, the City may require the applicant to submit for approval professional design/architectural drawing(s) which shall be in conformity with any municipally issued urban design guidelines, as well as impact studies such as traffic studies and studies of microclimatic conditions (sun, shadow, wind); e) As a condition of loan approval, the City may require the applicant to: i) post such security as may be required to secure a commercial loan, including registration of such security against title of the property; ii) meet specific insurance terms to protect the municipality’s interests; f) All property owners participating in the RLP will be required to enter into an Agreement with the City. The Agreement will specify the terms of the loan, obligations of the City and the property owner, and any other requirements of the City; g) All RLP Applications and Agreements must be approved by City Council or Council’s designate; h) All works completed must comply with the description of the works as provided in the RLP Application Form and contained in the RLP Agreement; i) Property taxes must be in good standing at the time of application and throughout the entire length of the loan commitment; j) If during the loan period, a building receiving a residential loan is demolished, all loan payments shall cease, and payments already made will be repayable to the City; k) If during the loan period, a building designated under the Ontario Heritage Act receiving a residential loan is demolished or any of the heritage features are altered in any way that would compromise the reasons for designation, all loan payments shall cease, and payments already made will be repayable to the City; RCI CONSULTING | GSP GROUP INC. 51 Page 287 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 l) Existing and proposed land uses must be in conformity with applicable Official Plan(s), Zoning By-law and other planning requirements at both the local and regional level; m) All improvements made to properties shall be made pursuant to a building permit, and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; n) Outstanding work orders and/or orders or requests to comply from the City must be satisfactorily addressed prior to loan approval; o) Where other sources of government and/or non-profit organization funding (Federal, Provincial, Municipal, CMHC, Federation of Canadian Municipalities, etc…) that can be applied against the eligible costs are anticipated or have been secured, these must be declared as part of the RLP Application. Accordingly, the loan may be reduced on a pro-rated basis. 7.2.4 Administration The following general steps, summarized in Figure 10, will guide City staff review, evaluation and administration of applications: 1) Applicants will be required to have a pre-application consultation meeting with City staff in order to determine program eligibility, proposed scope of work, project timing, etc… 2) The City may request that applications for the RLP be accompanied by supporting documentation, including but not necessarily limited to: a) a site plan and/or professional design/architectural drawings; b) specification of the proposed works, including number and size of units to be constructed and construction drawings; c) estimated project construction costs, including a breakdown of said costs; d) impact studies such as traffic and microclimatic conditions (sun, shadow, wind) e) environmental reports and/or a record of site condition; f) incorporation documents; g) financial information, including but not necessarily limited to: i) sources and uses of funds; ii) financial statements; iii) purchase price of property; iv) appraised value of property; v) owner equity; vi) registered mortgages; vii) details of primary construction lending and secondary financing; and, viii) projected unit sale prices and/or rental rates. 3) Before accepting an application, City staff will screen the application. If the application is not within the Downtown Community Improvement Project Area or the application clearly does not meet the program eligibility criteria, the application will not be accepted. Acceptance of the application by the City in no way implies RLP approval. 4) An application fee may be collected at the time of application. 5) City staff will perform an initial site visit(s) and inspection(s) of the building/property (if necessary). RCI CONSULTING | GSP GROUP INC. 52 Page 288 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 6) Applications and supporting materials will be reviewed by City staff against eligibility requirements. City staff will consult with regional staff as necessary. The owner must provide evidence of financial capability to develop the property according to the terms of the program. 7) A recommendation on the RLP Application and an RLP Agreement (if application is recommended for approval) will be forwarded to City Council or Council’s designate for consideration. 8) Once Council or Council’s designate has approved the RLP Application and Agreement, the RLP Agreement will first be executed by the owner and then by the City. 9) Payment/release of the loan shall not take place until: a) the RLP Agreement has been executed; b) the loan has been secured on title if required by the City; c) the owner provides proof that the development is substantially complete and that equity and financing required to that stage of completion has been injected into the project; d) staff inspect the constructed works (if necessary); e) staff are satisfied with all reports and documentation submitted. 10) Part or all of the loan may then be advanced to the owner or assignee with said loan advance(s) to be made in conjunction with private equity and financing injections as specified in the RLP Agreement. 11) Upon the closing of sale on any unit, the loan for that unit is due. 12) The loan is repayable in equal monthly payments over 5 years with 15% of the loan repayable every year and a lump sum payment of outstanding loan funds at the end of 5 years. RCI CONSULTING | GSP GROUP INC. 53 Page 289 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Figure 10 Residential Loan Program (RLP) Administration Step 2 Application Review and Evaluation Step 3 Loan Approval Step 4 Payment Step 1 Application Submission • Pre-application meeting with staff • Applicant submits application including required supporting documentation • Staff screen application to ensure it meets eligibility criteria • Application fee collected (if applicable) • Staff review and evaluate application and supporting documentation against eligibility requirements • Staff conduct site inspection (if necessary) • Staff makes recommendation to Council or Council’s designate, including RLP Agreement • Council or Council’s designate approves application and RLP Agreement • Staff forwards Agreement to owner for execution • City executes Agreement and City’s security (if required) registered on title by the owner upon execution • Owner provides proof of equity injection and substantial completion of project • Staff conducts site inspection of constructed works (if necessary) • Loan is advanced in one or more payments to the owner or assignee in conjunction with private financing advances and/or equity injections RCI CONSULTING | GSP GROUP INC. 54 Page 290 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 7.3 Commercial Building Loan and Facade Grant (CBLFG) Program 7.3.1 Purpose The physical condition and deterioration of some buildings in Downtown Niagara Falls has resulted in obsolete, and in some cases, unsafe and unusable commercial and residential space. With much of the building stock in the Downtown over 60 years old, a number of buildings in the Downtown are suffering from structural deterioration caused by leaking roofs, broken windows and doors, leaking eavestroughs, and other neglected maintenance items. This deterioration is more evident in some areas, such as the West Queen Street District, where there are a number of derelict buildings. Some of the buildings in the Downtown require significant physical alterations in order to meet modern Building Code standards. The deteriorated physical condition, and poor aesthetic quality of commercial building facades and many retail storefronts does not present an inviting and attractive environment for shoppers. There are three properties in Downtown Niagara Falls that are designated under Part IV of the Ontario Heritage Act, and several more significant heritage buildings that are not designated. While a few of these historical buildings, including their heritage features, are in good condition, many of these buildings are in poor condition and are in need of preservation and restoration. The history and character of these heritage properties is one of the strengths of the Downtown and a strong theme in the vision for the Downtown. Preservation and restoration of heritage buildings would help to promote the Downtown as a heritage tourism destination. The cost of interior and exterior building facade improvements to older downtown commercial buildings poses a major obstacle for owners wishing to upgrade their properties or for potential purchasers of these properties. The purpose of the Commercial Building Loan and Facade Grant (CBLFG) Program is to encourage owners of commercial and mixed use buildings (including buildings and properties that are or could be designated under the Ontario Heritage Act) to undertake maintenance, restoration and physical improvements to their buildings, including the upgrading of retail storefront display areas and signage. These improvements would be designed to meet the current Building Code, provide safe and usable commercial and residential space, and improve the image and attractiveness of Downtown as a shopping and dining area. These types of building improvements are particularly important in high visibility areas of the Downtown such as Queen Street and the Western Gateway. 7.3.2 Program Description The CBLFG Program will provide a financial incentive in the form of a no interest (0%) loan to promote commercial and mixed use (commercial/residential) building maintenance and improvement. The loan will match the amount spent by the applicant toward the cost of eligible interior and exterior building maintenance and improvement works, up to a maximum loan of $15,000 per property. The loan can be increased by up to $5,000 for commercial and mixed use properties designated under the Ontario Heritage Act, again on a matching basis. The loan will be repayable in equal monthly payments over 5 years with 15% of the loan repayable every year and a lump sum payment of outstanding loan funds at the end of the 5-year term. The CBLFG Program will also provide a financial incentive in the form of a grant to promote the restoration and improvement of commercial and mixed use building facades, including buildings designated under the Ontario Heritage Act. The grant will match the amount spent by the applicant on eligible facade improvement and restoration works, up to a maximum grant of $10,000 per property. The loan for building maintenance and improvement and the grant for facade improvement may be utilized individually or in combination, as long as both programs are not used to for the same eligible work. RCI CONSULTING | GSP GROUP INC. 55 Page 291 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Therefore, the following maximum loan and grant amounts will be available for commercial and mixed use buildings in the Downtown Community Improvement Project Area: • $15,000 loan for interior and exterior building maintenance and improvement, which can be increased up to a $20,000 loan for a building/property designated under the Ontario Heritage Act; • $10,000 grant for facade improvement and restoration. The CBLFG Program will commence on or after the date of approval of the CIP by the Minister of Municipal Affairs and Housing and will be offered for an initial period of approximately five (5) years from the date of introduction, with an option to extend the program for up to another five (5) years at the will of Council, subject to the availability of funding as approved by Council. The grant component of the program will be offered as a grant for the first 5 years, and then offered as either a grant or a loan for up to another five (5) years at the will of Council if the program is extended, subject to the availability of funding as approved by Council. The City may require loan security and the applicant will be required to enter into a CBLFG Agreement with the City. The CBLFG Program is an application based program. Review and evaluation of the application and supporting materials against program eligibility requirements will be done by City staff. All CBLFG Applications and Agreements must be approved by City Council or Council’s designate. The City may accept applications all year round for the CBLFG Program or the City may issue a Request for Applications (RFA) for the CBLFG Program once or twice a year depending on availability of loan and grant funding and program interest. The City may discontinue the CBLFG Program at any time. However, participants in the program prior to its closing will continue to receive loan advances and grant payments and will be required to repay their loans in full as determined through their CBLFG Agreement with the City. 7.3.3 Eligibility Criteria All owners of properties (and their assignees) within the Downtown Community Improvement Project Area are eligible to apply for funding under the CBLFG Program, subject to meeting the following eligibility criteria, and availability of funding as approved by Council: a) The following types of maintenance and improvement works on commercial and mixed use (commercial/residential) buildings are considered eligible for a matching loan (maximum $15,000 per property) under the CBLFG Program: i) entrance modifications to provide barrier-free accessibility; ii) installation/upgrading of fire protection systems; iii) repair/replacement of roof; iv) structural repairs to walls, ceilings, floors and foundations; v) water/flood/weatherproofing; vi) repair/replacement of windows and doors; vii) extension/upgrading of plumbing and electrical services for the creation of habitable space; viii) installation/alteration of required window openings to residential spaces; ix) required improvements to heating and ventilation systems; and, x) other similar repairs/improvements related to health and safety issues, as may be approved. RCI CONSULTING | GSP GROUP INC. 56 Page 292 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 b) The following types of restoration/improvement works on commercial and mixed use (commercial/residential) buildings designated under the Ontario Heritage Act are considered eligible for a matching loan (maximum $20,000 per property) under the CBLFG Program: i) a Professional Design Study (to a maximum of $1,500 of the loan amount) that specifies the significant architectural features to be restored, the nature and method of preservation/restoration, and materials to be used; ii) works that conserve or enhance elements specified in the Reasons for Designation accompanying the designating by-law under the Ontario Heritage Act; iii) fences and outbuildings if specifically referred to in the Reasons for Designation; iv) original siding and roofing materials including repair and replacement where necessary of wood clapboard or board-and-batten, repair and repointing of masonry buildings, stucco repair, repair or replacement of original roofing materials (slate, wood shingles, tile, etc.); v) removal of modern material (synthetic siding, asphalt shingles, etc.) and replacement with documented original materials; vi) reconstruction or construction of former and significant architectural features for which the appearance can be clearly determined from documentary sources (photographs, drawings, etc.). Eligible works will be guided by Heritage Design Guidelines, as amended from time to time, and appropriate reference material as determined by staff; vii) cleaning of masonry buildings if it is necessary for the building's preservation; viii) all final finishes, such as paint and masonry are eligible for funding subject to approval; ix) interior works specifically referred to in the Reasons for Designation, including, but not limited to: woodwork, plasterwork, wall or ceiling murals, or metal work, and other decorative features; and, x) works required to maintain or preserve significant architectural features. c) The following types of facade restoration and improvement works on commercial and mixed use (commercial/residential) buildings, including buildings designated under the Ontario Heritage Act, are considered eligible for a matching grant (maximum $10,000 per property) under the CBLFG Program: i) repair or replacement of storefront, including repair or replacement of storefront doors and windows; ii) repair or repointing of facade masonry and brickwork; iii) repair or replacement of cornices, parapets, and other architectural details; iv) repair or replacement of awnings or canopies; v) facade painting and cleaning/treatments; vi) addition of new lighting/upgrading of existing fixtures on exterior facade and in entrance and storefront display areas; vii) installation/improvement of signage (as permitted by the sign by-law); viii) professional architectural/design fees required for eligible works (to a maximum of $,1000 of the grant amount); and, ix) other similar repairs/improvements as may be approved. For commercial and mixed use buildings designated under the Ontario Heritage Act, the reconstruction and restoration of facades and storefronts should be supported by documentation in the form of historic photographs or drawings clearly showing the feature(s) to be reconstructed. Eligible works will be guided by Heritage Design Guidelines, as amended from RCI CONSULTING | GSP GROUP INC. 57 Page 293 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 time to time, and appropriate reference material as determined by staff. d) An application for the CBLFG Program must be submitted to the City prior to the commencement of any works and prior to application for building permit; e) Such application shall include plans, estimates, contracts and other details as may be required to satisfy the City with respect to the costs of the project and conformity of the project with the CIP; f) The value of the loan/grant provided shall not exceed 50% of the cost of the eligible works done; g) As a condition of loan/grant approval, the municipality may require the applicant to submit for approval professional design/architectural drawing(s) which shall be in conformity with any municipally issued urban design guidelines, heritage design guidelines, and facade design guidelines; h) As a condition of loan approval, the City may require the applicant to: i) post such security as may be required to secure a commercial loan, including registration of such security against title of the property; and, ii) meet specific insurance terms to protect the municipality’s interests; i) All property owners participating in the program will be required to enter into a CBLFG Program Agreement with the City. The Agreement will specify the terms of the loan/grant, obligations of the City and the property owner, and any other requirements of the City; j) All CBLFG Program Applications and Agreements must be approved by City Council or Council’s designate; k) All works completed must comply with the description of the works as provided in the CBLFG Program Application Form and contained in the CBLFG Program Agreement; l) Property taxes must be in good standing at the time of application and throughout the entire length of the loan commitment; m) If during the loan period, a building receiving a commercial building loan or facade grant is demolished, all loan payments shall cease, and all loan and grant payments already made will be repayable to the City; n) If during the loan period, a building designated under the Ontario Heritage Act receiving a commercial building loan or facade grant is demolished or any of the heritage features are altered in any way that would compromise the reasons for designation, all loan payments shall cease, and loan and grant payments already made will be repayable to the City; o) Existing and proposed land uses must be in conformity with applicable Official Plan(s), Zoning By-law and other planning requirements at both the local and regional level; p) All improvements made to properties shall be made pursuant to a building permit, and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; q) Outstanding work orders and/or orders or requests to comply from the City must be satisfactorily addressed prior to loan/grant approval; r) Where other sources of government and/or non-profit organization funding (Federal, Provincial, Municipal, CMHC, Federation of Canadian Municipalities, etc…) that can be applied against the eligible costs are anticipated or have been RCI CONSULTING | GSP GROUP INC. 58 Page 294 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 secured, these must be declared as part of the Application. Accordingly, the loan/grant may be reduced on a pro-rated basis. 7.3.4 Administration The following general steps, summarized in Figure 11, will guide City staff review, evaluation and administration of applications: 1) Applicants will be required to have a pre-application consultation meeting with City staff in order to determine program eligibility, proposed scope of work, project timing, etc… 2) The City may request that applications for the CBLFG be accompanied by supporting documentation, including but not necessarily limited to: a) photographs of the existing building facade; b) a site plan and/or professional design study/architectural drawings; c) specification of the proposed works, including a work plan for the improvements to be completed and construction drawings; d) cost estimate(s) for eligible work provided by a licensed contractor. 3) Before accepting an application, City staff will screen the application. If the application is not within the Downtown Community Improvement Project Area or the application clearly does not meet the program eligibility criteria, the application will not be accepted. Acceptance of the application by the City in no way implies CBLFG Program approval. 4) An application fee may be collected at the time of application. 5) City staff will perform an initial site visit(s) and inspection(s) of the building/property (if necessary). 6) Applications and supporting materials will be reviewed by City staff against eligibility requirements of the program. City staff will consult with regional staff and the Local Architectural Conservation Advisory Committee (LACAC), as necessary. 7) A recommendation on the CBLFG Application and a CBLFG Agreement will be forwarded to City Council or Council’s designate for consideration. 8) Once Council or Council’s designate has approved the CBLFG Application and Agreement, the Agreement will first be executed by the owner and then by the City. 9) Payment/release of the loan shall not take place until: a) the CBLFG Agreement has been executed; b) the loan has been secured via registration of a lien on title (if required); c) construction of the eligible works is completed; d) photographic evidence of the completed works has been submitted; e) written verification that all contractors have been paid has been provided; f) staff have inspect the completed works (if necessary); g) staff are satisfied with all reports and documentation submitted. 10) The loan may now be advanced in conformity with the CBLFG Agreement. Partial loan advances prior to completion of construction may be considered in some cases. 11) The loan is repayable in equal monthly payments over 5 years with 15% of the loan repayable every year and a lump sum payment of outstanding loan funds at the end of 5 years. RCI CONSULTING | GSP GROUP INC. 59 Page 295 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Figure 11 Commercial Building Loan and Facade Grant (CBLFG) Program Administration Step 2 Application Review and Evaluation Step 3 Loan/Grant ApprovalStep 4 Payment Step 1 Application Submission • Pre-application meeting with staff • Applicant submits application including required supporting documentation • Staff screen application to ensure it meets program eligibility criteria • Application fee is collected (if applicable) • Staff review and evaluate application and supporting documentation against eligibility requirements • Staff conduct site inspection (if necessary) • Staff makes recommendation to Council or Council’s designate, including CBLFG Agreement • Council or Council’s designate approves application and CBLFG Agreement • Staff forwards Agreement to owner for execution • City executes Agreement and City’ s security (if required) is registered on title by the owner upon execution • Owner provides proof of completion of project and payment in full of contractors • Staff conducts site inspection of completed works (if necessary) • Payment of approved loan/grant amount is made to owner or assignee • Loan advances prior to completion of construction may be considered in some cases RCI CONSULTING | GSP GROUP INC. 60 Page 296 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 7.4 Revitalization Grant Program (RGP) 7.4.1 Purpose With the exception of the Acres Office Building, and a few other buildings, there has been little new commercial or residential building investment in Downtown Niagara Falls over the last 20 years. With the high business vacancy rates, low rents, and deterioration in the physical condition of buildings in Downtown Niagara Falls, there is little incentive for property owners and potential investors to make significant investments in building renovations, additions and new construction. This situation is exacerbated by the large property tax increase that often accompanies building rehabilitation or redevelopment, and new building construction. While the RLP and CBLFG Programs are designed to provide funding for specific types of redevelopment and rehabilitation costs, a significant economic catalyst is required to generate significant investment in the Downtown. The purpose of the RGP is to provide this major economic catalyst for developing, redeveloping and rehabilitating commercial, residential and mixed use buildings and properties in the Downtown. This will be done by providing a financial incentive that significantly reduces the large tax increase that can result when a property is redeveloped and provides assistance in securing project financing. 7.4.2 Program Description The RGP will provide a financial incentive in the form of an annual grant to property owners who redevelop or rehabilitate their properties as long as such development results in an increase in assessment, and therefore an increase in property taxes. The annual grant will equal 80% of the increase in City taxes in Years 1-5, 60% in Years 6 and 7, 40% in Year 8, and 20% in Years 9 and 10. The annual grant will be paid annually once the eligible project is complete, the property has been reassessed, and the new property taxes have been paid. Pre-project City taxes will be determined before commencement of the project at the time the RGP Application is approved. For purposes of the grant calculation, the increase in City taxes will be calculated as the difference between pre-project City taxes and post-project City taxes that are levied as a result of re-valuation of the property by the Municipal Property Assessment Corporation (MPAC) following project completion. The grant will be recalculated every year based on post-project City taxes in that year. Grant payments will cease when the total grant along with all other grants and loans provided equals the cost of the project, or after 10 annual grant payments, whichever comes first. The RGP will commence on or after the date of approval of the CIP by the Minister of Municipal Affairs and Housing and will be offered for a period of approximately ten (10) years from the date of introduction, subject to the availability of funding as approved by Council. The RGP is an application based program. Review and evaluation of the application and supporting materials against program eligibility requirements will be done by City staff. The City may require the applicant enter into a RGP Agreement with the City. All RGP Applications and Agreements must be approved by City Council or Council’s designate. The City may accept applications all year round for the RGP or the City may issue a Request for Applications (RFA) for the RGP once or twice a year depending on program interest. The City may discontinue the RGP at any time. However, participants in the program prior to its closing will continue to receive grant payments as determined through their RGP Agreement with the City. RCI CONSULTING | GSP GROUP INC. 61 Page 297 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 7.4.3 Eligibility Criteria All owners of property (and their assignees) within the Downtown Community Improvement Project Area are eligible to apply for funding under the RGP, subject to meeting the following eligibility criteria: a) The following types of projects are considered eligible for the RGP: i) existing commercial, residential and mixed use (residential/commercial) buildings, vacant properties and parking lots where the redevelopment or rehabilitation project results in an increase in the assessed value and taxes on the property. b) An application for the RGP must be submitted to the City prior to commencement of any works and prior to application for building permit. c) Such application shall include plans, estimates, contracts and other details as may be required to satisfy the municipality with respect to the costs of the project and conformity of the project with the CIP; d) As a condition of grant approval, the City may require the applicant to submit a Business Plan, with said plan to the municipality’s satisfaction; e) As a condition of grant approval, the City may require the applicant to submit for approval professional design/architectural drawing(s) which shall be in conformity with any municipally issued urban design guidelines, as well as impact studies such as traffic studies and studies of microclimatic conditions (sun, shadow, wind); f) All property owners participating in the program will be required to enter into an Agreement with the City. The RGP Agreement will specify the terms of the grant, obligations of the City and the property owner, and any other requirements of the City; g) All RGP Applications and Agreements must be approved by City Council or Council’s designate; h) All works completed must comply with the description of the works as provided in the RGP Application Form and contained in the RGP Agreement; i) Property taxes must be in good standing at the time of application and throughout the entire length of the loan commitment; j) If during the grant period, a building receiving a revitalization grant is demolished, all grant payments shall cease; k) If during the grant period, a building/property designated under the Ontario Heritage Act receiving a revitalization grant is demolished or any of the heritage features are altered in any way that would compromise the reasons for designation, all grant payments shall cease; l) Existing and proposed land uses must be in conformity with applicable Official Plan(s), Zoning By-law and other planning requirements at both the local and regional level; m) All improvements made to properties shall be made pursuant to a building permit, and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; n) Outstanding work orders and/or orders or requests to comply from the City must be satisfactorily addressed prior to grant approval; RCI CONSULTING | GSP GROUP INC. 62 Page 298 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 7.4.4 Administration The following general steps, summarized in Figure 12, will guide City staff review, evaluation and administration of applications: 1) Applicants will be required to have a pre-application consultation meeting with City staff in order to determine program eligibility, proposed scope of work, project timing, etc… 2) The City may request that applications for the RGP be accompanied by supporting documentation, including but not necessarily limited to: a) specification of the proposed works including a work plan and construction drawings; b) estimated project construction costs, including a breakdown of said costs; c) impact studies such as traffic and microclimatic conditions (sun, shadow, wind) d) environmental reports and/or a record of site condition; e) financial information. 3) Before accepting an application, City staff will screen the application. If the application is not within the Downtown Community Improvement Project Area or the application clearly does not meet the program eligibility criteria, the application will not be accepted. Acceptance of the application by the City in no way implies RGP approval. 4) An application fee may be collected at the time of application. 5) City staff will perform an initial site visit(s) and inspection(s) of the building/property (if necessary). 6) Applications and supporting materials will be reviewed by City staff against eligibility requirements of the program. City staff will consult with regional staff as necessary. The owner must provide evidence of financial capability to develop the property according to the terms of the program. 7) A recommendation on the RGP Application and a RGP Agreement will be forwarded to City Council or Council’s designate for consideration. 8) Once Council or Council’s designate has approved the RGP Application and Agreement, the RGP Agreement will first be executed by the owner and then by the City. 9) Payment of the grant shall not take place until: a) the RGP Agreement has been executed; b) the owner provides proof that the development is complete; c) staff inspect the project (if necessary); d) staff are satisfied with all reports and documentation submitted; e) the property has been revalued by MPAC and post-project City taxes have been levied based on the new assessment; f) the owner has paid taxes in full for at least one year the project is complete; g) all assessment appeal(s) have been resolved. 10) The grant payment may then be calculated as the difference between post-project City taxes and pre-project City taxes multiplied by the applicable grant rate in that year. 11) Once staff have confirmed that property taxes are paid to date (every year), the grant payment may be then be advanced to the applicant or assignee; 12) Steps 10 and 11 are repeated each year for up to 10 years. RCI CONSULTING | GSP GROUP INC. 63 Page 299 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Figure 12 Revitalization Grant Program (RGP) Administration Step 2 Application Review and Evaluation Step 3 Grant Approval Step 4 Payment Step 1 Application Submission • Pre-application meeting with staff • Applicant submits application including required supporting documentation • Staff screen application to ensure it meets eligibility criteria • Application fee collected (if applicable) • Staff review and evaluate application and supporting documentation against eligibility requirements • Staff conduct site inspection (if necessary) • Staff makes recommendation to Council or Council’s designate, including RGP Agreement • Council or Council’s designate approves application and RGP Agreement • Staff forwards Agreement to owner for execution • City executes Agreement • Owner provides proof of completion of project and costs of project • Staff conducts site inspection of constructed works (if necessary) • Once property has been re-valued by MPAC and property taxes have been paid in full for one year, City calculates grant payment • City checks taxes are paid to date • Grant payment is advanced to the owner or assignee • Each year grant payment is recalculated and advanced to owner or assignee after City checks that taxes are paid to date RCI CONSULTING | GSP GROUP INC. 64 Page 300 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 7.5 Summary of Financial Incentive Programs The three financial incentive programs offered under this CIP are summarized in Figure 13 below. These programs can be used individually or together by a property owner to address the key impediments to redevelopment and revitalization of the Downtown. Figure 13 Summary of Financial Incentive Programs Program Type Duration Expected Benefits 1) Residential Loan Program (RLP) 0% interest loan based on $20 per sq.ft. of habitable residential space constructed to a maximum of $20,000 per residential unit created. Loan repayable over 5 years. Offered for 10 years. Construction of new residential units in the form of conversion, infill and intensification resulting in more people living Downtown and supporting downtown retail commercial uses Increase in assessment base and property tax revenues. 2) Commercial Building Loan and Facade Grant (CBLFG) Program 0% interest loan equal to 50% of the cost of building maintenance and improvements to a maximum loan of $15,000 per property. Maximum loan increases to $20,000 for properties designated under Ontario Heritage Act. Loan repayable over 5 years. Grant equal to 50% of the cost of facade restoration and improvement to a maximum grant of $10,000 per property. Offered for 5 years with an option to extend program for 5 years. Improvement, restoration and rehabilitation of existing commercial and mixed use buildings and building facades. Preservation and restoration of heritage buildings. Safer, cleaner buildings and more attractive and inviting building facades. Improved streetscape. More attractive shopping and dining environment. Overall improvement in the image of Downtown. Increase in assessment base and property tax revenues. 3) Revitalization Grant Program (RGP) Annual Grant equivalent to 80% of the increase in City property taxes for first five years, 60% in years 6 and 7, 40% in year 8, and 20% in years 9 and 10. Offered for 10 years. Up to 10 annual grant payments. Increased private sector investment in the form of building renovations, additions and new construction. Long-term increase in assessment base and property tax revenues. RCI CONSULTING | GSP GROUP INC. 65 Page 301 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 8.0 DEVELOPMENT CHARGE EXEMPTION (DCE) PROGRAM 8.1 Purpose Downtown Niagara Falls is already serviced with adequate water and sewer services and the road network capacity is adequate. A storm water treatment facility is planned to handle wet weather flows. Large scale development and redevelopment in the Downtown may result in incremental increases in demand for both hard and soft services. However, it is recognized that the costs to provide these incremental services as a result of development Downtown will be substantially lower than to provide new infrastructure and other services to greenfield areas. Therefore, there is a financial rationale for a lower development charge in the Downtown than in greenfield areas. In an effort to promote new residential and commercial development in downtowns, built-up urban areas, and brownfield areas, the Region passed a development charge waiver/exemption program in 2002. This program exempts a development from 75% of the Regional development charge if it is in a downtown, surrounding built-up urban area or brownfield area. Up to an additional 25% development charge exemption is provided depending on the inclusion of Smart Growth principles into the proposed development. Eligibility for the regional development charge exemption will be determined by a Regional Development Charges Task Force. While the exemption of local municipal development charges is not required by the Region as a condition of the Regional program, it is encouraged by the Region (Regional Report CSD 151-2002/DPD 131-2002). The exemption of development charges has been shown to be a major incentive to promote development in downtown areas in other municipalities. Combined with the Regional development charge exemption, an exemption for City development charges could prove to be a significant upfront financial incentive to complement the RGP which provides a financial incentive in the form of an annual grant over time. The purpose of the DCE Program is to provide a major economic catalyst for developing and rehabilitating commercial, residential and mixed use buildings in the Downtown by reducing the large development charge that must be paid when a property is developed or redeveloped and additional residential units or commercial space is created. As this proposed Development Charge Exemption Program will require changes to the Development Charges By-law to be implemented, it’s implementation does not fall within the parameters of Section 28 of the Planning Act. Therefore, the Development Charge Exemption Program does not form part of this Plan, but will be forwarded to Council as a separate recommendation and implementing by-law. 8.2 Program Description The DCE Program will provide a financial incentive in the form of an exemption from payment of 75% of the City development charge on residential, commercial and mixed use development and redevelopment projects that create additional residential units and/or commercial space. The 75% exemption will be applied at the time development charges are paid, i.e., building permit. The DCE Program will commence on or after the date of approval of enabling amendments to the City of Niagara Falls Development Charges By-Law by Council. The DCE Program will be offered for a period of approximately five (5) years from the date of introduction (amendment to the Development Charges By-law) with an option to extend the program for up to another five (5) years at the will of Council, subject to the availability of funding as approved by Council. The DCE Program is not an application based program. Therefore, an application for a development charge exemption at the time of building permit application will not be required. RCI CONSULTING | GSP GROUP INC. 66 Page 302 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 8.3 Eligibility Criteria All owners of properties (and their assignees) within the Downtown Community Improvement Project Area are eligible for the DCE Program, subject to meeting the following eligibility criteria, and availability of funding as approved by Council: a) The following types of projects are considered eligible for the DCE Program: i) new residential development on vacant lots, including parking lots; ii) residential conversion of existing commercial and mixed use buildings that creates additional residential units; iii) new commercial development on vacant lots, including parking lots; iv) conversion of non-commercial space to commercial space; v) redevelopment of mixed use buildings that creates additional residential units and/or commercial space. b) As a condition of development charge exemption, the City may require the applicant to submit for approval professional design/architectural drawing(s) which shall be in conformity with any municipally issued urban design guidelines, as well as impact studies such as traffic studies and studies of microclimatic conditions (sun, shadow, wind); c) Property taxes must be in good standing at the time of application and throughout the entire length of the loan commitment; d) Existing and proposed land uses must be in conformity with applicable Official Plan(s), Zoning By-law and other planning requirements at both the local and regional level; e) All improvements made to properties shall be made pursuant to a building permit, and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; f) Outstanding work orders and/or orders or requests to comply from the City must be satisfactorily addressed prior to development charge exemption; 8.4 Administration Development charges are paid at the time of building permit issuance. Therefore, at the time of application for a building permit, staff will determine program eligibility based on the eligibility criteria and notify the owner if they are eligible for a development charge exemption. If the owner is eligible for a development charge exemption, staff will apply the 75% exemption to development charges payable at the time the building permit is issued. A separate report to Council will be developed to provide further details with respect to the implementation and administration of this program, including the necessary amendments to the Development Charges By-law. RCI CONSULTING | GSP GROUP INC. 67 Page 303 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 9.0 MUNICIPAL LEADERSHIP STRATEGY (MLS) 9.1 Purpose Two significant impediments to downtown revitalization cited during the public consultation exercise were the need for greater cooperation between the City and the downtown business community, and the need for the City to provide proactive leadership and support for downtown revitalization. A proactive strategy of municipal leadership has been shown to be a key component of successful downtown revitalization in other Canadian and U.S. cities. The purpose of the Municipal Leadership Strategy (MLS) is to set the framework for the City to better communicate with the downtown business community and to provide support and leadership on downtown revitalization and redevelopment initiatives. The recommended actions in the MLS represent a long-term downtown reinvestment strategy on the part of the City. These public sector investments and actions are designed to act as catalysts to leverage private sector investment in the Downtown. As per Sections 28(3) and 28(6) of the Planning Act, once a Community Improvement Project Area has been designated and a CIP is approved, a municipality may: a) acquire, hold, clear, grade or otherwise prepare land for community improvement; b) construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan; and, c) sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan. Therefore, the City may engage in any of these activities as part of its MLS in order to promote the undertaking of targeted improvements that are identified and approved by the City. The MLS not only complements the financial incentive programs and the streetscape and gateway improvements, but can be used to implement some of the targeted improvement projects recommended in Section 6.5. 9.2 Program Description The MLS is a general program of municipal property acquisition, investment and involvement in public-private partnerships. The primary focus of the MLS is on the larger scale targeted improvement projects described in Section 6.5. These projects include, but are not necessarily limited to, the following: • Undertake Civic Square Development east of City Hall including Centennial Square and old Court House; • Develop surplus parking lots; • Develop a parking structure(s); • Consolidate former rail corridor north of Park Street with adjacent properties to provide infill development opportunities; • Assemble land to provide development opportunities for housing or mixed use buildings; • Restore heritage buildings, e.g., for public uses such as museums or art galleries. The City may also participate in public-private partnerships to redevelop downtown properties and/or public-private partnerships to construct and/or operate public facilities such as a parking garage. Other actions the City should take to implement the MLS include: a) Revise Official Plan policies, the zoning by-law and develop urban design guidelines to implement the land use plan and public realm and urban design plan contained in this CIP; RCI CONSULTING | GSP GROUP INC. 68 Page 304 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 b) Strengthen the City’s liaison role with the Downtown Board of Management to review downtown issues and provide a forum for communication and response between downtown businesses and the City; c) Establish an inter-departmental Downtown Staff Team (DST) to review by-law enforcement (particularly in the areas of parking and property standards), licensing and permitting in the downtown; d) Establish an inter-departmental Incentive Programs Coordinating Committee to promote formal information exchange and adjustment to incentive program administrative procedures to incorporate lessons learned; e) Support promotion of the arts, culture and heritage in the Downtown; f) Develop a marketing program and dedicate staff resources to market downtown redevelopment financial incentive programs and redevelopment opportunities to developers, investors and their support professionals. g) Develop a program to approach downtown financial institutions to become partners in the financial incentive programs, i.e., financial institutions that will lend to property owners who are using the City financial incentive programs to improve and redevelop their properties; h) Partner with downtown institutions to promote the Downtown; i) Establish a program to look beyond the downtown for new partners (such as universities, colleges, hospitals, non-profit housing corporations, and environmental groups) to become actively involved in downtown redevelopment; j) Seek out sponsorships from downtown businesses and institutional uses to help fund the construction/maintenance of streetscaping and gateway projects; k) Establish annual property beautification and maintenance awards exclusively for the downtown area; and, l) Celebrate and profile downtown redevelopment success stories in the local media and in marketing materials supplied to potential new investors and program applicants. It is recommended that the MLS activities be funded from an initial capital investment and the portion of the tax increment retained by the City under the Revitalization Grant Program (RGP). These funds should be placed into an account and as funds accrue in this account, the City may use these funds to undertake any of the above-noted activities. 9.3 Administration The City will utilize the same administrative structure established to administer the financial incentive programs to administer the MLS. The City will identify a lead department that will be primarily responsible for coordinating and administering the implementation of the MLS. Authority under the MLS would be exercised in order that redevelopment of land or buildings may occur in conformity with this CIP, subject to Council approval. RCI CONSULTING | GSP GROUP INC. 69 Page 305 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 10.0 ACTION SUMMARY As described in the previous sections, there are a number of actions required to implement the vision in this CIP. Figure 14 below summarizes those actions and identifies the organization(s) responsible for implementation, key stakeholders who can assist with implementation, and timing for each action. Timing is usually tied to the timing of the adoption or approval of the CIP. Where recommended actions are to take place subsequent to the approval of the CIP, these are classed as short term (0-2 years), medium term (2-5 years) or long-term (5+ years). The actions are divided up into the following categories: A) Land Use Policies; B) Parking and Transportation; C) Targeted Improvement Projects D) Financial Incentive Programs; and, E) Municipal Leadership Strategy. RCI CONSULTING | GSP GROUP INC. 70 Page 306 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Figure 14 Action Summary A. LAND USE POLICIES Implementing Action Responsibility Key Stakeholders Timing 1) Revise Official Plan to: - Enhance CBD policies and rename section to Downtown Policies City As part of Official Plan review 2) Revise Zoning By-law to: - Translate Land Use Plan into a land use schedule and policies for the Downtown district - Promote a wide range of mixed uses - Make development subject to urban design guidelines The City will explore the use of a development permit system or “holding zone” to implement the urban design guidelines City As part of new Zoning By-law or as an amendment once new Zoning by-law approved 3) Repeal by-laws that designated the existing downtown community improvement project areas and any by-laws that adopted the existing CIPs and replace with a single by-law designating the new Downtown Community Improvement Project Area and a single by-law adopting the new Downtown CIP City Upon adoption of CIP 4) Prepare Downtown Urban Design and Streetscape Guidelines, including performance requirements City LACAC Developers Downtown businesses Downtown residents Short term RCI CONSULTING Page 71 Page 307 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 B. PARKING AND TRANSPORTATION Implementing Action Responsibility Key Stakeholders Timing 1) Prepare a Downtown Public Parking Strategy to determine which existing municipal parking lots are priority for retention, which lots can be made available for development, and where new municipal lots may be required City Downtown businesses Downtown Board of Management Upon approval of the CIP 2) Erect a parking structure behind City Hall and the Acres building - Investigate public-private partnership to build/operate this parking structure City Private partner(s) Downtown businesses Downtown Board of Management Medium-Long term 3) Subject to a Traffic Study, convert Huron Street to two-way traffic City Residents on Huron Street Medium term 4) Request Canadian and U.S. federal governments to restore Whirlpool Bridge to full access status City Downtown Board of Management Canadian federal government U.S. federal government Upon adoption of CIP 5) Monitor transportation system and prepare a Transportation Master Plan City Concurrent with Brownfields CIP and development of Ripleys Aquarium and Great Wolf Lodge RCI CONSULTING Page 72 Page 308 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 C. TARGETED IMPROVEMENT PROJECTS Implementing Action Responsibility Key Stakeholders Timing 1) Construct streetscape and gateway intersection improvements City Downtown businesses Medium term 2) Convert former rail corridor to a pedestrian trail and bikeway City Residents Tourists Short-Medium term 3) Improve and extend the Civic Square Block (Centennial Square and Old Court House area) to include lands to the east in order to provide a large public open space for festivals, exhibits, and concerts City Public/private partner(s) Short-Medium-term 4) Revive or move the farmers market to a Queen Street location in conjunction with improvements to the Civic Block City Downtown businesses Short-Medium term Downtown Board of Management Residents 5) Extend the People Mover Route into the Downtown Niagara Parks Commission City Tourists Medium term 6) Offer surplus public parking lots for development through an RFP process (subject to Downtown Public Parking Strategy) City Developers Medium term 7) Assemble, consolidate and prepare land for residential and mixed use development City Public/private partner Medium term 8) Screen and edge parking lots along Huron and Park Streets providing safe and clear pedestrian routes City Downtown businesses and their customers Medium term 9) Improve Erie Avenue, including streetscape improvements City Medium term 10) Relocate bus maintenance facility out of downtown to a nearby industrial area City Longterm RCI CONSULTING Page 73 Page 309 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 C. TARGETED IMPROVEMENT PROJECTS (Continued) Implementing Action Responsibility Key Stakeholders Timing 11) Improve streetscape, lighting and signage in the vicinity of Bridge Street and Erie Avenue (Transportation District) City Mediumterm12) Plan and construct an improved Niagara River viewing platform/area at Queen Street and River Road and/or at the intersection of the pedestrian/bike trail and River Road Niagara Parks Commission City Tourists Mediumterm13) Consider development of a trail system on the east-west rail corridor north of Park Street or consolidate these rail corridor lands with adjacent properties and offer for development City Property owners Medium term 14) Construct a berm and planting area on the south side of the railway tracks, north of Bridge Street Developer(s) C.N. Railways City Long term 15) Promote development of cultural and heritage activities in the historic buildings in the vicinity of Park Street and Zimmerman Avenue (Heritage Commercial District) City LACAC Local Arts Groups Medium term RCI CONSULTING Page 74 Page 310 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 D. FINANCIAL INCENTIVE PROGRAMS Implementing Action Responsibility Key Stakeholders Timing 1) Implement Residential Loan Program (RLP) City Property Owners Upon approval of CIP 2) Implement Commercial Building Loan and Facade Grant (CBLFG) Program City Property Owners Upon approval of CIP 3) Implement Revitalization Grant Program (RGP) City Property Owners Upon approval of CIP 4) Amend City Development Charges By-law to Implement Development Charge Exemption (DCE) Program City Region Upon approval of CIP and approval of Regional Development Charges By-law 5) Dedicate staff resources to the establishment, marketing and administration of the financial incentive programs City Accountants, etc… Upon approval of the CIP 6) Market financial incentive programs and development opportunities to developers, investors, real estate professionals, financial institutions, and support professionals City Downtown Board of Management Niagara Economic and Tourism Corporation (NetCorp) Developers Investors Real estate professionals Financial institutions Lawyers Accountants, etc… Upon approval of the CIP and implementation of financial incentive programs RCI CONSULTING Page 75 Page 311 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 E. MUNICIPAL LEADERSHIP STRATEGY Implementing Action Responsibility Key Stakeholders Timing 1) Issue RFP’s for development of City owned Downtown land (subject to Parking Strategy) City Public/private partners Short term 2) Strengthen the City’s liaison role with the Downtown Board of Management City Downtown Board of Management Downtown businesses Upon approval of CIP 3) Establish inter-departmental Downtown Staff Team to review by-law enforcement, licencing and permitting City Downtown businesses Upon approval of CIP 4) Establish inter-departmental Incentive Programs Coordinating Committee City Upon approval of CIP 5) Support promotion of the arts, culture and heritage City Downtown Board of Management NetCorp Downtown businesses Arts, cultural and heritage groups Upon approval of CIP 6) Approach downtown financial institutions to become funding partners in the financial incentive programs and in establishing a venture capital pool for downtown businesses City Financial institutionsDowntown businesses Upon approval of CIP 7) Partner with downtown institutions and agencies to market the downtown City Downtown institutional uses Upon approval of CIP 8) Establish a program to look beyond downtown for new redevelopment partners and investors City Upon approval of CIP RCI CONSULTING Page 76 Page 312 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 E. MUNICIPAL LEADERSHIP STRATEGY (Continued) Implementing Action Responsibility Key Stakeholders Timing 9) Seek out sponsorships to help fund the construction and maintenance of streetscaping, open space and gateway improvements City Upon approval of CIP 10) Establish annual property beautification and maintenance awards for the downtown area Niagara Parks Commission City Upon approval of CIP 11) Profile and market downtown redevelopment success stories in local media and marketing materials City C.N. Railways Downtown businesses Upon approval of CIP 12) Bundle or cluster tourism related economic activities in the downtown City NetCorp Tourist Downtown businesses Upon approval of CIP 13) Prepare a Housing Market Study and make available to developers City Developers Short-Medium Term 14) Market the downtown as a location to “niche” retailers City NetCorp Downtown business Downtown residents Upon approval of CIP RCI CONSULTING Page 77 Page 313 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 11.0 PROGRAM MONITORING AND ADJUSTMENT This Plan recommends a number of actions to revitalize Downtown Niagara Falls. Progress on these actions should be monitored and reported on a regular basis to City Council, including monitoring of the financial incentive programs. Staff will report annually regarding monitoring, program participation and program performance, i.e., is the program producing the desired result. A list of variables that could be monitored is provided in Figure 15. Based on the monitoring results, the City may periodically review and adjust the terms of the programs, or discontinue any of the programs in this Plan, without amendment to this Plan. Minor adjustments to the boundary of the community improvement project area may also be made by the City without amendment to this Plan. Any program additions or changes that substantially expand the financial assistance programs in this Plan will require formal amendment to the Plan in accordance with Section 28(4) of the Planning Act. RCI CONSULTING Page 78 Page 314 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 Figure 15 Variables to be Monitored Program Variable 1) Residential Loan Program (RLP) - Number of applications - Total $ amount loaned out - Square footage of habitable floor space created - Number of units created by type - Total $ Value of construction - Increase in assessed value of participating properties - Increase in municipal and education property taxes of participating properties - Number of loan defaults (if any) 2) Commercial Building Loan and Facade Grant (CBLFG) Program - Number of applications - Total $ amount in building improvement loans - Total $ amount in facade grants - Type and cost of interior building improvements approved for a loan - Type and cost of facade improvements approved for a grant - Total $ Value of interior/facade improvements - Increase in assessed value of participating properties - Increase in municipal and education property taxes of participating properties - Number of loan defaults (if any) 3) Revitalization Grant Program (RGP) - Number of applications - Total $ cost of grants - Number of residential units by type and square footage of residential space converted, rehabilitated or constructed - Square footage of commercial space rehabilitated or constructed - Total $ Value of construction - Increase in assessed value of participating properties - Increase in municipal and education property taxes of participating properties 4) Development Charge Exemption (DCE) Program - Total $ development charges exempted - Number of residential units by type and square footage of residential space converted, rehabilitated or constructed - Square footage of habitable floor space created - Square footage of commercial space rehabilitated or constructed - Total $ Value of construction - Increase in assessed value of participating properties - Increase in municipal and education property taxes of participating properties RCI CONSULTING Page 79 Page 315 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 12.0 CONCLUSION The vision, land use plan and urban design framework for Downtown Niagara Falls contained in this Plan are based on a critical needs analysis and input received as a result of consultations with the community. The adoption and approval of this CIP will provide the legislative basis and context for the implementation of a comprehensive framework of municipal actions and financial incentive programs designed to achieve the vision contained in this Plan and revitalize Downtown Niagara Falls. This CIP focuses on: a) attracting more people to live Downtown; b) improving the physical condition of buildings and building facades; c) restoring and preserving heritage buildings and properties; d) providing financial incentives to invest in Downtown; and, e) leadership on the part of the City and other stakeholders. Implementation of the financial incentive programs and the targeted improvement projects contained in this Plan will help to encourage the private sector to reinvest in Downtown Niagara Falls. The details of the financial incentive programs and targeted improvement projects will evolve over time through monitoring and feedback on the financial incentive programs, and more detailed study and public input on the targeted improvement projects. This CIP provides the vision, direction and strategies to help guide implementation of these actions and programs in the future. RCI CONSULTING Page 80 Page 316 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 APPENDIX A Community Improvement Areas – Official Plan, Schedule E RCI CONSULTING Page 81 Page 317 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 APPENDIX B Future Land Use – Official Plan, Schedule A RCI CONSULTING Page 82 Page 318 of 440 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN | NOVEMBER 2004 RCI CONSULTING Page 83 APPENDIX C Glossary of Terms Ancillary commercial uses – commercial uses that depend on and serve a primary commercial activity, such as tourism. Assignee – any tenant or person that the owner has given the authority to apply for and receive funding under any of the funding programs contained in the CIP. Bundling or clustering – the combination of economic activities in space (geographically) and/or time (sequentially). Community Improvement Plan (CIP) – a plan of the community improvement of a community improvement project area. Community Improvement Project Area -- a municipality or an area within a municipality, the community improvement of which in the opinion of the municipal council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings, or for any other environmental, social or community economic development reason. Free enterprise zone – as per the City of Niagara Falls Official Plan, the area between the former rail line and River Road where redevelopment on a large, comprehensive scale is encouraged. Development standards would be established through an implementing zoning by-law without further amendment to the Official Plan. Gateway – major road entrance to the downtown. NEXUS – a border crossing program for pre-approved clearance that is reserved for subscribers who must be residents of Canada or the U.S. One-way couplet – two one-way roads that flow traffic in opposite directions. PRIDE – program for renewal, improvement, development and economic revitalization. Property taxes in good standing – property taxes are paid up to date or a payment plan and agreement have been approved by the City. Smart Growth principles – as it relates to the Regional Municipality of Niagara Development Charges waiver/exemption program, this includes a substantial commitment to intensification, mixed use, walkable neighbourhoods, housing choice and reduced setbacks. Surplus parking lots – parking lots owned by the City which are no longer required for provision as public parking lots. Venture capital pool – a pooled source of funds available for investment. Page 319 of 440 PBD-2023-08 Report Report to: Mayor and Council Date: February 7, 2023 Title: Lundy's Lane Community Improvement Plan - Commercial Facade, Landscaping and Property Improvement Grant Application, LLN-2023-001 6915 Lundy's Lane Applicant: On the Ridge Retail Inc. Recommendation(s) It is recommended that Council approve the Commercial Façade, Landscaping and Property Improvement Grant Application for 6915 Lundy’s Lane, subject to the applicant satisfying the program requirements. Executive Summary The requested grant under the Commercial Façade, Landscaping and Property Improvement Incentive of the Lundy’s Lane Community Improvement Plan (CIP) may be supported as: • The façade and landscape works will promote aesthetic improvements to the property and represents a positive contribution to the streetscape as envisioned by the Lundy’s Lane CIP; • The improvements comply with the City’s grant program; and, • The building improvement grant would total $9,166 with the City contributing $5,265 and the Region contributing $3,900 (The Region’s programs do not include landscape grants). Background The subject property is located at the northwest intersection of Lundy’s Lane and Dorchester Road. A 177.5 m2 (1910.5ft2) commercial building exists on the property. The property is intended for continued commercial use by the applicant: On The Ridge Retail Inc. Commercial Facade, Landscaping and Property Improvement Grant Program The intent of the Commercial Façade, Landscaping and Property Improvement Grant is to promote aesthetic improvements to those existing buildings which are desirable to be maintained and improved over the long term. The program offers up to 50% of the eligible costs associated with façade improvement and landscaping and is calculated based on the extent of the façade (for building improvement) or property line (for Page 1 of 7 Page 320 of 440 landscaping) along Lundy’s Lane and other street frontages for corner lots. The maximum grant offered under the program is $40,000 per property. Analysis On the Ridge Retail Inc. proposes to improve the façade along all sides of the existing building at 6915 Lundy’s Lane including new windows, garage door, exterior lighting and signage. Also proposed is the refurbishment of the gardens and shrubs on the property along Lundy’s Lane and Dorchester Road. The applicant has estimated a total investment of approximately $200,000, of which an estimated total of $10,531 are considered eligible costs under the CIP incentive program. The property is located at a very visible intersection along Lundy’s Lane and, as such, improvements to the building and landscaping would be positive for the streetscape. The improvement works eligible under the Commercial Façade, Landscaping and Property Improvement Grant Program include the repair of the building’s stucco façade, the replacement of windows, a new garage door and the removal of old landscaping and shrubbery and the replacement of new permanent plants and landscaping. It is noted that the façade improvement grant for the window replacements will only assist in the costs of the windows facing Lundy’s Lane and Dorchester Road. Financial Implications/Budget Impact The funding for this request will come from the Lundy’s Lane CIP Special Purpose Reserve. This reserve was established to provide funding for the City’s expenses related to qualified grants. The Commercial Façade, Landscaping and Property Improvement Grant is broken down into two components: The Commercial Façade component which involves the repair/restoration of existing façade materials, improvements to architectural details and new awnings/canopies is calculated as the lesser of 50% of the cost of eligible works or $5,000 plus the length of the façade in metres times $500. The maximum grant cannot exceed $20,000. In this proposal, 50% of the estimated eligible facade improvement costs would total $7,800. The City will request that the Region participate in the grant, and if Regional funds are available, the City and Region would each contribute $3,900. The Landscaping and Property Improvement component of the Program covers designed landscape treatment, permanent elements associated with landscape design, walkway, public seating areas, improvements for barrier free access and connectivity, bicycle parking and outdoor patios. This component is calculated as the lesser of 50% of the costs of eligible works or $5,000 plus the length of the applicable property line in metres times $250. The maximum grant cannot exceed $20,000. In this proposal, 50% of the estimated eligible costs would total $2,731.82. The Region does not match Page 2 of 7 Page 321 of 440 incentives for landscaping improvement therefore only the City’s portion of the grant of $1,365 would be available. If approved, the City’s portion of the grant would equal $5,265 and will leave an unencumbered balance of $104,735 in the Lundy’s Lane CIP Special Purpose Reserve. Strategic/Departmental Alignment The approval of Application LLN-2023-001 will satisfy Council’s Strategic Priority by implanting the financial incentive programs under the Lundy’s Lane CIP and will assist in the aesthetic improvement of Lundy’s Lane. List of Attachments SCHEDULE 1 - Location Map SCHEDULE 2 - Photos and Elevations Written by: Francesca Berardi, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 31 Jan 2023 Kira Dolch, Director of Planning, Building & Development Approved - 31 Jan 2023 Jason Burgess, CAO Approved - 01 Feb 2023 Page 3 of 7 Page 322 of 440 SCHEDULE 1 – LOCATION MAP & PHOTOS 6915 LUNDY’S LANE Johnny Rocco’s restaurant TD Bank Carpaccio’sMidas Kick Ash Vape Shop Residen tial Residen tial Page 4 of 7 Page 323 of 440 SCHEDULE 2 – PHOTOS AND ELEVATIONS 6915 LUNDY’S LANE Page 5 of 7 Page 324 of 440 Elevation along Lundy’s Lane Elevation along Dorchester Road Page 6 of 7 Page 325 of 440 Landscape Sketches Page 7 of 7 Page 326 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-02 Sunday, February 05, 2023 8.3 PBD-2023-08 Lundy's Lane Community Improvement Plan - Commercial Facade, Landscaping and Property Improvement Grant Application, LLN-2023-001 6915 Lundy's Lane Applicant: On the Ridge Retail Inc. Council, I recommend a motion to approve recommendations as is. This is a good use of the C.I.P. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 327 of 440 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca January 24, 2023 CL 1-2023, January 19, 2023 CSC 1-2023, January 11, 2023 CSD 4-2023, January 11, 2023 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Approval of 2023 Interim Levy Dates and Amounts CSD 4-2023 Regional Council, at its meeting held on January 19, 2023, passed the following recommendation of its Corporate Services Committee: That Report CSD 4-2023, dated January 11, 2023, respecting Approval of 2023 Interim Levy Dates and Amounts, BE RECEIVED and the following recommendations, BE APPROVED: 1. That the interim Regional levy amounts and dates BE APPROVED in accordance with Appendix 1 to Report CSD 4-2023; 2. That a transit interim charge on the Local Area Municipalities as per Appendix 1 to Report CSD 4-2023 BE APPROVED in lieu of an interim special levy for Niagara Transit Commission (NTC); 3. That the appropriate by-law BE PREPARED for presentation to Regional Council for consideration and approval; and 4. That Report CSD 4-2023 BE CIRCULATED to the Local Area Municipalities for information. A copy of CSD 4-2023 and By-law No. 2023-01 are enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2023-002 cc: B. Hutchings, Manager, Revenue Planning & Strategy T. Harrison, Commissioner/Treasurer, Corporate Services K. Beach, Executive Assistant to the Commissioner/Treasurer, Corporate Services Page 328 of 440 CSD 4-2023 January 11, 2023 Page 1 Subject: Approval of 2023 Interim Levy Dates and Amounts Report to: Corporate Services Committee Report date: Wednesday, January 11, 2023 Recommendations 1. That the interim Regional levy amounts and dates BE APPROVED in accordance with Appendix 1 to Report CSD 4-2023; 2. That a transit interim charge on the LAMs as per Appendix 1 to Report CSD 4-2023 BE APPROVED in lieu of an interim special levy for Niagara Transit Commission (NTC); 3. That the appropriate by-law BE PREPARED for presentation to Regional Council for consideration and approval; and 4. That Report CSD 4-2023 BE CIRCULATED to the Local Area Municipalities for information. Key Facts  The purpose of this report is to approve the interim levy amounts and due dates.  Section 216 of the Municipal Act, 2021, provides that the council of an upper-tier municipality may requisition an amount equivalent to 50% of the prior year’s approved levy from each area municipality in order to continue core services prior to the adoption of budget estimates for the year.  The Municipal Act O.Reg 75/01 is highly prescriptive with regards to what information is to be contained on property tax bills. To that end it does not permit an interim levy for transit special levy as it did not exist in 2022. To address the upload of services and costs being incurred by the Niagara Transit Commission (NTC), staff is proposing a charge on the local area municipalities of which represents 50% of the 2022 local area municipal component for Transit as their interim levy will include collection of funds for transit services that they are not longer providing. The interim charge transfers those funds to support transit operations into 2023.  The Region’s Budget Control By-law (2017-63, section 6.3 paragraph a.) provides that prior to Council’s approval of the Operating Budget by-law, a current year’s expenditures may be incurred if a budget for a similar item existed in the previous year’s operating budget and the expenditures is at the same service level as the Page 329 of 440 CSD 4-2023 January 11, 2023 Page 2 ______________________________________________________________________ prior year and does not exceed 50% if the amount is appropriated in the previous year’s operating budget. The interim levy ensures sufficient funds are available to sustain operations.  Interim levy dates are consistent with the prior years. The local area municipalities were consulted and no alternative dates were considered.  The proposed transit charge is required to transition the budget for transit to the NTC, as contemplated by Item 19 of the Term Sheet approved as part of the triple majority process, and to sustain transit operations at their current levels. Financial Considerations The interim levy amounts to be requisitioned from local area municipalities total $211,150,211 for the General Levy $21,406,523 for the Waste Management special levy for a total of $232,556,733. The Municipal Act O.Reg 75/01 is highly prescriptive with regards to what information is to be contained on property tax bills. As a result, an interim special levy cannot be charged for Transit and the new transit special levy cannot be separately levied on the tax bill until the final tax bill issued to residents in the summer. To address the upload of services and costs being incurred by the Niagara Transit Commission (NTC) in its first year of operation, staff is proposing a transitional charge on the local area municipalities of $14,667,541 which represents 50% of the 2022 local area municipal interim levy component for Transit. No change is required for the Regional portion of the General Levy billed by the LAMs as the Region is providing financial services to the NTC therefore the general levy previously dedicated to transit services will continue to cash flow the NTC operations. The local area municipalities were consulted regarding the transitional transit charge and all but one were in agreement with this proposal. Analysis The authority to incur expenditures by Regional departments, boards and agencies is authorized by Regional Council through the annual approved operating budget as prescribed by the Municipal Act, 2001. Additionally, O.Reg 75/01 prescribes the information to be contained on property tax bills. Prior to the annual budget being adopted by Regional Council, bylaw 2017-63 as approved by Regional Council provides that Regional departments, boards and agencies may incur expenses up to 50% of their prior year’s operating budget in order to maintain business as usual for Regional Page 330 of 440 CSD 4-2023 January 11, 2023 Page 3 ______________________________________________________________________ services. Section 391 of the Municipal Act, 2001 authorizes the special transit transition charge for services that will be provided by the NTC as of January 1, 2023. Further to this, Section 316 of the Municipal Act, 2001, authorizes Council through a by- law to provide an interim levy equivalent to 50% of the prior year's approved estimates (subject to certain adjustments) before the adoption of budget estimates for the year. It has been the Region’s past practice to levy an interim amount in order to fund Regional services prior to the approval of the annual budget and final levy amounts. O.Reg 75/01 dictates what information is to be contained on property tax bills and is a highly prescriptive regulation with little to no flexibility regarding its stipulations. This regulation provides no reference to allowing a municipality to make any adjustment to reflect the impact of the change in taxation resulting from a transfer of responsibility and taxing authority from local municipalities to the Region. This has been taken into consideration when assessing the upload of services and costs being incurred by the NTC. For the municipalities in the Region currently with transit budgets, the interim 2023 tax bills will, as required by the Municipal Act, be 50% of the total final,2022 taxes levied by each. This means that the 2023 interim tax payments received by these municipalities will continue to reflect transit costs and funding requirements. There is no way to report the fact that these municipalities have vacated tax room and transferred this to the Region for the NTC on the property tax bill. The final 2023 tax bill will include the full year’s Transit special levy however the Region will requisition from the LAMs the appropriate amount of taxes net of the amount already charged. Additionally the LAMs final tax bill will be reduced for the removal 100% of the transit services costs thus making the taxpayer whole. The only means for communication of the differences on the tax bill due to the change in transit is with a special communication as a tax bill insert or though media methods. As such, Appendix 1 to Report CSD 4-2023 includes the proposed interim levy and charge dates and amounts by Local Area Municipality. The proposed interim levy dates have been communicated to the Treasurers of all 12 Local Area Municipalities who have supported these dates. Alternatives Reviewed Alternative thresholds were not considered as the interim levy of 50% permitted by the Municipal Act, 2001 will generally ensure cash inflows in the shorter term are able to Page 331 of 440 CSD 4-2023 January 11, 2023 Page 4 ______________________________________________________________________ accommodate the level of expenditures. The Municipal Act, 2001 does not have a requirement to approve a spending limit in advance of the budget approval however the practice has been adopted by the Region through bylaw 2017-63. Relationship to Council Strategic Priorities The recommendations in this report align with Council’s Strategic Priority of Sustainable and Engaging Government. Other Pertinent Reports None. ________________________________ Prepared by: Blair Hutchings, MBA, CPA Manager, Revenue Planning & Strategy Corporate Services _______________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Margaret Murphy, Associate Director, Budget Planning & Strategy, and reviewed by Helen Furtado, Director, Financial Management & Planning/Deputy Treasurer. Appendices Appendix 1 Interim Levy Payments and Dates Page 332 of 440 CSD 4-2023 January 11, 2023 Table 1 - Interim General Levy ($) Municipality March 8, 2023 May 10, 2023 Total Interim Levy Fort Erie 6,621,553 6,621,553 13,243,107 Grimsby 8,068,372 8,068,372 16,136,745 Lincoln 6,468,734 6,468,734 12,937,468 Niagara Falls 22,229,296 22,229,296 44,458,592 Niagara-on-the-Lake 9,126,887 9,126,887 18,253,773 Pelham 4,510,329 4,510,329 9,020,657 Port Colborne 3,366,263 3,366,263 6,732,526 St. Catharines 26,961,492 26,961,492 53,922,983 Thorold 4,524,348 4,524,348 9,048,697 Wainfleet 1,580,980 1,580,980 3,161,960 Welland 8,756,222 8,756,222 17,512,445 West Lincoln 3,360,631 3,360,631 6,721,261 Total 105,575,105 105,575,105 211,150,211 Table 2 - Waste Management Interim Special Levy ($) Municipality March 8, 2023 May 10, 2023 Total Interim Levy Fort Erie 813,772 813,772 1,627,544 Grimsby 596,407 596,407 1,192,814 Lincoln 500,038 500,038 1,000,077 Niagara Falls 2,090,626 2,090,626 4,181,251 Niagara-on-the-Lake 461,341 461,341 922,681 Pelham 376,077 376,077 752,155 Port Colborne 534,869 534,869 1,069,738 St. Catharines 3,220,093 3,220,093 6,440,186 Thorold 471,916 471,916 943,832 Wainfleet 163,802 163,802 327,605 Welland 1,200,638 1,200,638 2,401,277 West Lincoln 273,683 273,683 547,365 Total 10,703,261 10,703,261 21,406,523 Appendix 1 - Interim Levy Payments and Dates Page 333 of 440 Table 3 - Total General & Waste Management Interim Levy ($) Municipality March 8, 2023 May 10, 2023 Total Interim Levy Fort Erie 7,435,325 7,435,325 14,870,651 Grimsby 8,664,779 8,664,779 17,329,559 Lincoln 6,968,772 6,968,772 13,937,544 Niagara Falls 24,319,921 24,319,921 48,639,843 Niagara-on-the-Lake 9,588,227 9,588,227 19,176,454 Pelham 4,886,406 4,886,406 9,772,812 Port Colborne 3,901,132 3,901,132 7,802,264 St. Catharines 30,181,584 30,181,584 60,363,169 Thorold 4,996,264 4,996,264 9,992,529 Wainfleet 1,744,782 1,744,782 3,489,564 Welland 9,956,861 9,956,861 19,913,721 West Lincoln 3,634,313 3,634,313 7,268,626 Total 116,278,367 116,278,367 232,556,733 Table 4 - Transit Interim Charge ($) Municipality March 8, 2023 May 10, 2023 Total Interim Charge Fort Erie 313,294 313,294 626,588 Grimsby 62,500 62,500 125,000 Lincoln 33,835 33,835 67,670 Niagara Falls 2,032,002 2,032,002 4,064,005 Niagara-on-the-Lake 245,725 245,725 491,450 Pelham 45,500 45,500 91,000 Port Colborne 41,425 41,425 82,850 St. Catharines 3,511,000 3,511,000 7,022,000 Thorold 178,598 178,598 357,195 Wainfleet 0 0 0 Welland 869,892 869,892 1,739,783 West Lincoln 0 0 0 Total 7,333,770 7,333,770 14,667,541 CSD 4-2023 January 11, 2023 Page 334 of 440 Page 335 of 440 Page 336 of 440 Page 337 of 440 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca January 25, 2023 CL 1-2023, January 19, 2023 PEDC 1-2023, January 11, 2023 PDS 3-2023, January 11, 2023 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Approval of the Niagara Official Plan PDS 3-2023 Regional Council, at its meeting held on January 19, 2023, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 3-2023, dated January 11, 2023, respecting Approval of the Niagara Official Plan, BE RECEIVED and BE CIRCULATED to Local Area Municipalities. A copy of PDS 3-2023 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :js CLK-C 2023-006 cc: P Busnello, Manager, Development Planning M. Sergi, Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 338 of 440 PDS 3-2023 January 11, 2023 Page 1 Subject: Approval of the Niagara Official Plan Report to: Planning and Economic Development Committee Report date: Wednesday, January 11, 2023 Recommendations 1. That this Report BE RECEIVED for information; and 2. That Report PDS 3-2023 BE CIRCULATED to Local Area Municipalities. Key Facts  The purpose of this report is to inform Regional Council of the approval of the Niagara Official Plan and summarize the modifications made by the Ministry of Municipal Affairs and Housing (“MMAH”).  The Niagara Official Plan (NOP) is a comprehensive land use policy framework to guide growth and development within the Region to the year 2051. It was adopted by Regional Council on June 23, 2022.  The Minister of MMAH issued a decision on November 4, 2022 to approve the NOP with 45 modifications including the addition of a total of 55 hectares to the urban settlement area in Niagara Falls and Fort Erie.  The Minister’s decision is final. There are no appeals to the approval of the Niagara Official Plan.  MMAH modifications and associated clerical changes, have been incorporated into the adopted Niagara Official Plan and will be put on the Niagara Region website.  Regional Planning staff will work with Local Area Municipalities to determine how the Niagara Official Plan will be implemented given the legislative changes made under Bill 23. Financial Considerations There are no direct financial implications arising from this report. A total gross budget of $3M was approved for the creation of the Niagara Official Plan through the 2017 Operating Budget. Staff were able to complete this project under budget. Page 339 of 440 PDS 3-2023 January 11, 2023 Page 2 ______________________________________________________________________ Analysis Background – Niagara Official Plan The Niagara Official Plan is a strategic long range planning document that guides how the Region will grow and develop over the next 30 years. The Plan was developed with significant consultation with Local Area Municipalities, members of the public, indigenous communities and First Nations, and other public agencies and interested parties. Adopted by Regional Council on June 23, 2022, the Plan was sent to the Ministry of Municipal Affairs and Housing (MMAH) for approval in accordance with Sections 17 and 26 of the Planning Act. The Niagara Official Plan was posted on the Environmental Registry of Ontario (ERO) (https://ero.ontario.ca/notice/019-5717) for additional public comment and feedback. A total of 46 comments were submitted to the ERO, covering a variety of topics including land use compatibility, housing, aggregate policies, natural heritage protection, and site- specific land use designations. On November 4, 2022, MMAH issued a Notice of Decision indicating that the Niagara Official Plan was approved, with modifications. Summary of Changes – Niagara Official Plan The MMAH Notice of Decision (Appendix 1) outlines 45 modifications to the Niagara Official Plan. Provincial modifications, as well as clerical changes and other minor revisions made to be consistent with the modifications, have been incorporated into the adopted Niagara Official Plan and will be put on the Niagara Region website. A number of the modifications made are minor in nature and do not have significant impacts to the interpretation or implementation of the Niagara Official Plan. The approved Niagara Official Plan continues to address climate change, protect the natural environment and agricultural lands, and establish a policy framework for secondary planning, urban design and watershed planning to support strategic growth management for the development of complete communities. Changes to the Natural Environment System Modifications in the Notice of Decision, have instituted a number of changes to the policies and mapping of the Natural Environment System. These changes include: Page 340 of 440 PDS 3-2023 January 11, 2023 Page 3 ______________________________________________________________________ 1. The removal of Policies 3.1.5.5 (e), 3.1.5.7.7, 3.1.5.8.4, and 3.1.9.8.4. These policies had been included in the NOP to allow for certain agricultural uses and minor residential uses to proceed without the need for an environmental impact study. These exemptions had been developed in consultation with the agricultural community and local municipalities. The removal of these policies means that the exemptions no longer exist and that an environmental impact study may be triggered for small scale agricultural and residential applications. 2. The addition of Policies 3.1.9.5 and 3.1.9.6, permit the use of mineral aggregate operations adjacent to hydrologic features and area or expansion within significant woodlands outside the Provincial Natural Heritage System subject to other provincial and regional land use policy. 3. The addition of Policies 8.2.6 and 8.11.3, which relate to lands in the Town of Fort Erie and the Township of Wainfleet that were added to the urban and rural settlement area through the approval of the Niagara Official Plan (see Appendix 2). These new policies identify “north-south” and/or “east-west” linkages on the subject lands that are to be subject to a regional natural heritage system overlay. Development on these parcels will be required to demonstrate that the “connectivity” of natural and hydrologic features and areas would be maintained. The Region and the appropriate Local Area Municipality are also directed to establish on-site mechanisms that would protect the connectivity and integrity of these features. Associated changes were made to Schedules C1 and C2 of the NOP to identify the regional natural heritage system overlay and linkages on these subject lands. Site-Specific Changes and Additions The Minister’s Notice of Decision instituted a number of site-specific changes to the Niagara Official Plan. These changes include: 1. The addition of Policy 4.2.4.10, with regards to lands along Garner Road in the City of Niagara Falls (see Appendix 2), which are referred to as the “Cytec Canada Inc. facility” but which are now known as Solvay. The policy states that lands within a “two kilometres radius” of the facility, with the exception of those lands currently designated for Neighbourhood Commercial under the City’s Official Plan, are subject to Policy 4.2.1.11 of the Niagara Official Plan, which only permits the conversion of employment area lands as part of a Municipal Page 341 of 440 PDS 3-2023 January 11, 2023 Page 4 ______________________________________________________________________ Comprehensive Review (MCR). In other words, the lands subject to this policy would not be able to convert to a non-employment use until the next MCR. Regional Planning staff will work with the Province and City to determine how this policy will be implemented. 2. Policy 8.9.1, which refers to lands along Glendale Avenue in the City of St. Catharines (see Appendix 2) also known as the “Kaneff lands”, is revised to state that forecasted growth resulting from re-designation of the lands will be fully accounted for in the next MCR. The modifications made to this policy do not remove the ability for the lands to come into the urban boundary should the Ministry of Natural Resources and Forestry issue a decision to re-designate the lands from Escarpment Protection to Urban Area within the Niagara Escarpment Plan. 3. The addition of three new settlement area boundary expansion sites, one in the Town of Fort Erie and two in the City of Niagara Falls, totalling an additional 55 hectares to the urban settlement area. The location of the expansion areas are outlined in Appendix 2. 4. Minor mapping changes were made to the St. Catharines Urban Boundary (see Appendix 2) to better align with the mapping of the in-effect Greenbelt Plan. These changes are technical adjustments over waterways and other hydrologic features. No developable area is impacted. Mapping changes were also made to the boundaries of the Grimsby and Lincoln Protected Major Transit Station Areas to align the boundaries of the in-effect Greenbelt Plan. Planning Staff will be seeking clarification relative to these changes. Bill 23: More Homes, Built Faster Act On October 25, 2022, the Provincial government introduced Bill 23 More Homes Built Faster Act, 2022. The government has indicated that the intent of the Act is to create conditions that will result in the construction of more homes to address the housing supply crisis. On November 28, 2022, Bill 23 received Royal Assent. A number of transition provisions were included in Bill 23 with some changes coming into force upon the Act receiving Royal Assent while others by proclamation of the Lieutenant Governor. The Region will maintain upper-tier approval authority and administration of the Niagara Page 342 of 440 PDS 3-2023 January 11, 2023 Page 5 ______________________________________________________________________ Official Plan until the pertinent sections of Bill 23 receive proclamation by the Lieutenant Governor. At this time, Staff have not received indication as to when a proclamation will take place. The Regional Chair and Planning staff previously provided comments and concerns over anticipated negative fiscal and coordinated growth management impacts from Bill 23. Alternatives Reviewed There are no appeals to the Minister’s approval of the Niagara Official Plan. Once a proclamation is made by the Lieutenant Governor with regards to upper-tier planning responsibilities under the Planning Act, Local Area Municipalities would be responsible for implementing the Niagara Official Plan within their municipality until such time that updates are made to their Official Plans to conform to Provincial policy and legislation. The timing of the Lieutenant Governor’s proclamation is unknown at this time. Regional Planning Staff will work with Local Area Municipalities to determine how the Niagara Official Plan will be implemented based on these legislative changes. Relationship to Council Strategic Priorities The approved Niagara Official Plan will support the following Council Strategic Priorities:  Supporting Business and Economic Growth: Through long range planning for the supply and retention of a broad range of community and employment lands that offer community related employment and industrial employment opportunities to attract and support economic wellbeing;  Healthy and Vibrant Community: Through planning for safe, healthy neighbourhoods that are attractive, inclusive and connected, based on complete community principles and design;  Responsible Growth and Infrastructure Planning: Through coordinated, efficient use of existing infrastructure and optimizing planned infrastructure that will service the communities of Niagara and facilitate movement of people and goods; and  Sustainable and Engaging Government: Through planned growth that is fiscally sustainable and fosters strong, successful relationships between all levels of government in the supply of services and infrastructure. Page 343 of 440 PDS 3-2023 January 11, 2023 Page 6 ______________________________________________________________________ Other Pertinent Reports  PDS 17-2022 Niagara Official Plan: Recommendation Report for Adoption _______________________________ Prepared by: Alexandria Tikky, MCIP, RPP Senior Planner Planning and Development Services _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with David Heyworth, Manager, Long Range Planning and Sean Norman, Senior Planner, Community Planning, and reviewed by Angela Stea, Director of Community and Long Range Planning. Appendices Appendix 1 MMAH Notice of Decision – Niagara Official Plan Appendix 2 Mapping of Site Specific Changes to Niagara Official Plan Page 344 of 440 DECISION With respect to the New Regional Municipality of Niagara Official Plan Subsection 17(34) of the Planning Act I hereby repeal the Regional Municipality of Niagara Official Plan adopted by By-law 828-785-73 as approved by the Ministry of Municipal Affairs and Housing in 1973, and subsequent amendments thereto. Furthermore, I hereby approve, as modified, the Regional Mun icipality of Niagara Official Plan , as adopted by By-law 2022-47, subject to the following modifications, with additions in bold underline and deletions in bold strikethrough: 1. Policy 2.2.2.21 is modified so that it reads : New strategic growth areas may be identified by the Region through a municipal comprehensive review, including.--+he the boundary of the strategic growth area and its minimum density target. Detailed planning shall be determined through a district plan or secondary plan process in accordance with Section 6.1., and incorporated through the next municipal comprehensive review. 2. Policy 2.2.4 .2 is modified so that it reads: Public service facilities, such as municipal works depots, police stations and fire halls, are strongly encouraged to locate within s ettlem ent areas. Where considered outside of settlement areas, such uses shall conform to, and be consistent with, applicable provincial policies. be compatible ,,...,ith and have minimal impacts on their surroundings 3 . Policy 2.2 .5.2 b) is modified so that it reads: b) the proposed expansion will only make available sufficient lands needed to the horizon of this Plan based on the analysis required in Policy 2.2.S.3 a), 2.2.5.2 a) while minimizing land consumption; and 4. New subsection 2.2.5.4 e) is added : e) Sections 2 (Wise Use and Management of Resources) and 3 (Protecting Public Health and Safety) of the PPS are applied. 5 . Subsection e) of policy 3.1.5.5 is deleted and subsections f) -j) are renumbered accordingly: Development or site alteration shall not be permitted in key natural heritage features that are within the Provincial natural h eritag e sy stem or in any key hydrologic features outside of se ttlement areas except for: [ .. . ] e) single dwellings on existing lots of record in the Greenbelt Plan area, provided they were zoned for such as of the date the Greenbelt Plan initially came into effect; [ ... ] Pag e 1 o f 16 Page 345 of 440 6. Policy 3.1.5.7.7 is deleted: Notwithstanding Policy l.1.5.7.l, the follo>1.1ing types of minor construction is permitted ,.,.,ithin a vegetation protection zone provided there is no alternative without an environmental impact study and.'or hydrologic evaluation: a) new buildings and structures for agricultural uses, agriculture related uses, or on farm diversified uses below 200 m2; b) expansions to existing buildings and structures for agricultural uses, agriculture related uses, or on farm diversified uses belo\•..' 50% of the size of the original building, provided the expansion is less than 200 m2; c) new accessory buildings to a residential use (garage, workshop, etc.) below 50 m2; d) expansions to existing accessory buildings to a residential use below 50% of the size of the original building; e) expansions to existing residential buildings below 50% of the size of the original building; and reconstruction of an existing residential d•.velling of the same size at the same location. 7. Policy 3.1.5.8.4 is deleted: Notwithstanding Policy 3.1.5.8.2 the following types of minor construction is permitted within the Provincial natural heritage system provided there is no alternative, outside of a key natural heritage feature or key hydrologic feature, without an environmental impact study and.tor hydrologic evaluation: a) new accessory buildings to a residential use (garage, ·.-vorkshop, etc.) below 50 m2; b) expansions to existing accessory buildings to a residential use below 50% of the size of the original building; c) expansions to existing residential buildings below 50% of the size of the original building; and reconstruction of an existing d) reconstruction of an existing residential dwelling of the same size in the same location. 8. New policy 3.1.9.5 is added and subsequent policies are renumbered accordingly : Mineral aggregate operations and wayside pits and quarries are permitted in the vegetation zone described in policy 3.1.9.2 except in accordance with Provincial policy and Section 4.3 of this Plan. 9. New policy 3.1 .9.6.5 is added and subsequent policies are renumbered accordingly: Notwithstanding policy 3.1.9.6.1 c), new or expanding mineral aggregate Page 2 of 16 Page 346 of 440 operations may be permitted in significant woodlands if it has been demonstrated through the preparation of an environmental impact study that there will be no negative impacts on the natural feature or its ecological functions. 10. Policy 3.1.9.7.2 is modified so that it reads: Notwithstanding Table 3-1, the requirement for an environmental impact study and/or hydrologic evaluation may be ,...,aived scoped if the proposed development or site alteration is minor and is not anticipated to have a negative impact on the natural environment system in accordance with the policies of this plan, provincial policies and \•Jaiving requirements outlined in the Environmental Impact Study and/or Hydrologic Evaluation Guidelines. 11. Policy 3.1.9.8.3 is modified so that it reads: Development or site alteration shall not be permitted in the minimum buffer set out in Table 3-2, with the exception of that described in Policy 3.1.9.a.6.3 and 3.1.9.6.5 or infrastructure serving the agricultural sector, unless it has been demonstrated through the preparation of an environmental impact study that there will be no negative impacts and the buffer will continue to provide the ecological function for which it was intended . 12. Policy 3.1.9.8.4 is deleted and subsequent policies are renumbered accordingly: Notwithstanding Policies 3.1.9.7.1 and 3.1.9.8.3, the following types of minor construction is may be permitted within adjacent lands set out in Table 3 1 and minimum buffers set out in Table 3 2 provided there is no alternative, subject to without an environmental impact study and/or hydrologic ev-aluation : a) new buildings and structures for agricultural uses, agriculture related uses, or on farm diversified uses below 200 m2; b) expansions to existing buildings and structures for agricultural uses, agriculture related uses, or on farm diversified uses below 50% of the size of the original building, provided the expansion is less than 200 m2; c) nev.• accessory buildings to a residential use (garage, ,...,orkshop, etc.) below 50 m2; d) expansions to existing accessory buildings for a residential use below 50% of the size of the original building; e) expansions to existing residential buildings below 50% of the size of the original building; and f) reconstruction of an existing residential d'Nelling of the same size in the same location. 13. Policy 3.1.11.5 is modified so that it reads: Notwithstanding policies 3.1.9.6.2 and 3 .1. 11 .1 to 3 .1.11.4, policies related to other woodlands do not apply to new or expanding mineral aggregate operations. Page 3 of 16 Page 347 of 440 14. Policy 3 .1.21 .1 b) is modified so that it reads: The proposed development or site alteration activities will not jeopardize the survival , recovery and conservation of species at risk listed protected in Schedule 1 of the Species at Risk Act or in Ontario Regulation 230108, including their residences and critical habitat. 15. Policy 4.1.1.5 is modified so that it reads: The removal of topsoil in specialty crop areas, prime agricultural areas, and rural lands is discouraged. Further, the placement of fill in specialty crop areas and prime agricultural areas is prohibited except for normal farm practices conducted in accordance with Ontario Regulation 409119 and the Rules for Soil Management and Excess Soil Quality Standards. Local Area Municipalities are encouraged to enact by-laws to regulate the placement of fill in accordance with Section 3. 7 of this Plan . 16. Policy 4 .1. 7. 7 is separated into two policies and subsequent policies are renumbe red accordingly: 4.1. 7 . 7 The appropriate scale for on-farm diversified uses may vary depending on the type of use and whether the activities are located in the specialty crop area or in other prime agricultural areas. 4.1. 7.8 The following criteria shall be considered when reviewing applications for proposed agriculture-related uses: [ ... ] 17 . Policy 4 .2.1.15 is modified so that it reads: The Region and Local Area Municipalities may support employment development and redevelopment serviced through sustainable private services, including dry industrial de velopment, within employment areas where the r e are constraints to municipal water and wastewater systems/services, provided that in settlement areas, individual on site sewage services and individual on -site water services are only used for infilling and minor rounding out of existing development. 18. Policy 4.2.2.2 is modified so that it reads: The Region will work with the other levels of government to prioritize improvements to major goods movem ent facilities and corridors and planned corridors within the Niagara Economic Gateway to focus on: a) within settlement areas, the development and redevelopm e nt of major facilities, manufacturing, manufacturing-related and supply chain facilities, b) as well as supporting economic diversity and promoteing increased opportunities for cross border trade, movement of goods, and tourism. Page 4 of 16 Page 348 of 440 19. Policy 4.2.2.3 is modified so that it reads: Lands within the Niagara Economic Gateway are preferred for the identification planning of future employment areas in accordance with policy 4.2.3.2. aRd Lands within the Niagara Economic Zone and the Niagara Economic Centre are preferred for provincially significant employment zones. 20. Policy 4.2.3.1 is modified so that it reads: Future employment areas are shown conceptually as set out in Appendix 2 , have been identified due to their location within the Niagara Economic Gateway and proximity to major goods movement facilities and corridors, and/or near planned corridors. 21. Policy 4.2.3.2 is modified so that it reads: Future employment areas are outside of existing settlement areas and shall may be identified for planned for long-term protection planning, provided lands are not designated beyond 2051. 22. Policy 4.2.3.4 is deleted and subsequent policies are renumbered accordingly: The Region •Nill determine, in consultation •Nith the Local Area Municipalities, the boundary, land uses and minimum density target of future employment areas as part of a district plan or secondary plan process, or equivalent, per Section 6.1 and provide urban design guidelines per Section 6.2. 23. Policy 4.2.3.5 is modified so that it reads: The Region will work with Local Area Municipalities to review and evaluate any proposal to identify protect future employment areas using the following considerations: [ ... ] 24. New policy 4 .2.4.1 0 is added : Notwithstanding policy 7 .12.2.5, development applications within a two kilometre radius of the Cytec Canada Inc. facility in Niagara Falls shall be subject to policy 4.2.1.11 of this Plan, except for the lands currently designated Neighbourhood Commercial in the local official plan. 25 . New policy 4.3.2.6 is added : Asphalt plants, concrete plants, brick manufacturing plants and other similar manufacturing uses shall not be permitted in the Niagara Escarpment Plan Area. 26. New subsection 4 .5 .2.1 (b)(ii) is added and subsequent subsections are renumbered accordingly: This section consolidates policy direction integrated throughout this Plan that supports economic prosperity. Page 5 of 16 Page 349 of 440 The Region will endeavour to: a) attract employers and workers to the region by: [ ... l b) improve the region's infrastructure to attract new investment, support existing businesses to grow, and build resiliency by: [ ... l (ii) establishing priority routes for goods movement, where feasible, to facilitate the movement of goods into and out of employment areas and other areas of significant commercial activity and to provide alternate routes connecting to the provincial network. [ ... l 27. Policy 5 .1.1.1 is modified so that it reads : The Region's transportation system will be implemented as per the recommended actions and schedules of the Region's Transportation Master Plan in accordance with relevant provincial policies and plans such as A Place to Grow: Growth Plan for the Greater Golden Horseshoe: Connecting the GGH: A Transportation Plan for the Greater Golden Horseshoe: and the Metrolinx's Regional Transportation Plan. 28. New policy 5.1.1.9 is added: In all proposed development located adjacent to and in the vicinity of a provincial highway within MTO's permit control area under the Public Transportation and Highway Improvement Act (PTHIA) will also be subject to MTO approval. Any new areas in the municipality identified for future development that are located adjacent to or in the vicinity of a provincial highway, interchange or intersection within MTO's permit control area will be subject to MTO's policies, standards, and requirements. Direct access will be discouraged and often prohibited. 29. New policy 5.1.6.1 is added and subsequent policies are renumbered accordingly: Major goods movement facilities and corridors shall be protected for the long term. Development proposals for sensitive land uses in proximity to major goods movement facilities and corridors shall be subject to policies 4 .2.4.2 and 4.2.4.3. 30 . Policy 5.1.6.1 is modified so that it reads : The Region , in partnership with the Province and Local Area Municipalities, will develop and implement a Goods Movement Study that is consistent with the recommendations of the Region 's Transportation Master Plan, and the Strategic Goods Movement Network and associated policy directions of Connecting the GGH: A Transportation Plan for the Greater Golden Horseshoe and Freight-Supportive Guidelines. 31. Policy 5.2.3.4 is modified so that it reads: Individual water supply and sewage disposal systems are permitted outside the urban areas provided the site conditions are suitable for the long-term provision of such services with no negative impacts. Lot creation on individual on-site sewage services is only permitted if there is confirmation of sufficient reserve sewage Page 6 of 16 Page 350 of 440 system capacity for hauled sewage. 32. New policy 5.2.4.16 is added: The establishment of a new waste disposal site is not permitted in the Niagara Escarpment Plan Area. 33. Policy 6.1.3.3 is deleted : The Glendale District Plan recognizes and pro'lides direction for the four special study areas: Niagara Regional Nati'le Centre, Eco Park, South•.vest Glendale, and Niagara College. 34. Policy 7 .12.2.5 is modified so that it reads : Development applications deemed complete prior to the date of this P lan's approval shall be permitted to be processedi and a decision be madei under the Local and Regional Official Plan policies, as well as Pro'lincial policies that e xisted w hen the application was deemed complete . 35 . New policy 8.2 .6 is added: The area shown on the map below includes lands identified as part of the Natural Environment System overlay in Schedule C1 of this Plan. Notwithstanding policy 7.12 .2.5, these lands form part of a north-south and east-west linkage within the regional natural heritage system and shall be planned for in the following manner: a) New development or site alteration will demonstrate that connectivity along the system and between key natural heritage features and key hydrologic features will be maintained for the movement of native plants and animals across the landscape, including through the north-south connection across the QEW identified as a linkage in Schedule C2. b) To ensur e that connectivity is maintained, the Town of Fort Erie, in consultation with the Region, will identify appropriate mechanisms through the planning process to protect this linkage, such as establishing a minimum percentage of the developable area that will remain open space or free of impermeable surfaces. Page 7 of 16 Page 351 of 440 36. Policy 8.9.1 is modified as follows : Notwithstanding the other policies of this Plan , the lands shown on the as sociated map are regulated under the Niagara Escarpment Planning and Development Act and subject to a decision on deferral UA-04 from the Ministry of Northern Development, Mines, Natural Resources and Forestry (MNDMNRF). Should the MNDMNRF issue a decision to re -designate the subject lands in the Niagar a Escarpment Plan from Escarpment Protection Area to Urban Area , the urban area boundary for the City of St. Catharines may be expanded and shown as Designated Greenfield A rea and District Plan Area on Schedule B, and Urban Area on the remaining schedules w here applicable, without amendment to this Plan . The land use deve lopment shall follow the direction of the Glendale District Plan and the policies of section 6.1.3 of this Plan. The associated forecasted growth resulting from this re -designation will be fully accounted for in the land needs assessment associated with the next municipal comprehensive review. 37. New policy 8 .11 .3 is added: The area shown on the map below includes lands identified as part of the Natural Environment System overlay in Schedule C1 of this Plan . Notwithstanding policy 7.12.2.5, these lands form part of an east-west linkage within the regional natural heritage system and shall be planned for in the following manner: a) New development or site alteration will demonstrate that connectivity along the system and between key natural heritage features and key hydrologic features will be maintained for the movement of native plants and animals across the landscape. b) To ensure that connectivity is maintained, the Township of Wainfleet in consultation with the Region, will identify appropriate mechanisms through the planning process to protect this linkage, such as establishing a minimum percentage of the developable area that will remain open space or free of impermeable surfaces. Page 8 of 16 Page 352 of 440 ] WAINFLEET 1====·--" 1-·--.. --==---- jfL---- 38. The definition of "Existing Use" in Chapter 9 is modified so that it reads: Existing Uses (Greenbelt Plan Area only): uses legally established prior to the date that the Greenbelt Plan came into force on December 16, 2004 ; or for the purposes of lands added to the Greenbelt Plan after December 16, 2004, uses legally established prior to the date the Greenbelt Plan came into force in respect of the land on which the uses are established Existing Uses (Niagara Escarpment Plan Area only): shall have the same definition as "existing use" in the Niagara Escarpment Plan. 39. Schedules A, B, C1, C2, C3, F, G, H, I, J1, J2 and K, and Appendices 1 & 2 are modified , with respect to two proposed settlement area boundary adjustments identified in Appendix 1 of this Decision, by aligning the settlement area boundary of the City of St. Catharines with the Greenbelt Plan Area Boundary as per O.Reg. 59/05, so that the urban boundary does not expand over the Greenbelt Plan Area . 40. Schedules A , B, C1, C2, C3, F, G, H, I, J1 , J2 and K , and Appendices 1 & 2 of the Niagara Official Plan are modified by adding to the Urban Area of the Town of Fort Erie a portion of the site identified as SABR #1151 in the Region 's "Urban Settlement Area Assessment Review and Comments" document, and identifying it as "Designated Greenfield Area" in Schedule B -Regional Structure, as shown in Appendix 2 of this Decision. 41. Schedules A, B, C 1, C2 , C3, F, G , H, I, J1 , J2 and K, and Appendices 1 & 2 are modified by adding to the Urban Area of the of the City of Niagara Falls the sites identified as #1125 and #1126 in the Region 's "Urban Settlement Area Assessment Review and Comments" document, and identifying it as "Designated Greenfield Area" in Schedule B -Regional Structure, as shown in Appendix 3 of this Decision . 42. Schedule B is modified by aligning the boundary of the Grimsby Protected Major Transit Station Area (PMTSA) and the Beamsville PMTSA, in the locations identified in Appendix 4 of this Decision , with the existing settlement area boundary so that no portion of the PMTSA extends beyond the settlement area boundary. Page 9 of 16 Page 353 of 440 43. Schedules C1 and C2 are modified as follows: Schedule C1 is modified by applying the Region's "Natural Environment System" overlay to all the lands that are currently covered by the "Natural Heritage System for the Growth Plan" overlay in the two locations shown in Appendix 5 of this Decision (in the Town of Fort Erie and Township of Wainfleet). Schedule C2 is modified by adding a "Linkage" depicted with a purple line (similar to the other linkages in Schedule C2) in the location shown in Appendix 5 of this Decision , in order to identify the north-south natural heritage system connection under the QEW. 44. Schedule F is modified so that the "Niagara Escarpment Plan Area" is depicted as a hatched overlay to allow for the underlying "Specialty Crop Area" designation to be visible. 45. Schedule J1 is modified as follows: Text/ Label modifications: Proposed Unfunded Higher Order Transit Station Conceptual Planned Potential Corridor Conceptual Planned Potential Interchange Mapping modification: The portion of Highway 20 from Thorold Townline Road (RR 70) westerly, past Highway 58 to the Canadian Nation Railway line Uust west of Highway 58) is modified to be shown as a "Provincial Road". 1 Dated at Toronto this __ ~\~---day of ~)Jelv-&'½,,, 2022 Hannah Evans,AssistantDeputy Minister Municipal Services Division Ministry of Municipal Affairs and Housing Page 10 of 16 Page 354 of 440 • . .. ..__...:.-~~~ .. _.~(~vi-··, .t__,...,.....:. - -.cl.l1tQ01«1 ...... NIAGARA O FfOMPLANl - tll'l'q I.MJ'{ili;Tt.,ll;I .... ~ ..,. ' ,.,,, ll-' ·1~ ; : ' ~ . f,I_,. • ' G ~ iag.-..on••..._ .... ; ,, @-, : ~ . -~ ...... 'l'. Jtl'I '• -~i ·-~ .... c..~·---,lJ<-,. -. ·, OtiJI~ ------...... _ '-.C'<•ff ---~ ' • ' ---• ✓- -.,.~~-r--0--L Lblcoln ~ -~g-~ ---..... -'-, ... ~ ~ -.. • ,,AJ-....... ·-· . ---,....... I ~-:::---_~ :,, ·---~ ~w . -~ !A-_JJW,~ -❖~Ji.,.. . '.:' . . -." •• . Wfft Linc:Qln 1 ·, . ~❖ -:, jil .............. _____ --= Proposed settlement area boundary ----~ ~-~=--::.:. .... ' ·--adjustments to be modified to align with the ,. Greenbelt Plan Area boundary (0. Reg 59/05) so that the urban boundary does not expand over the Greenbelt Plan Area . Walnfl..-t IQ.,,.-,),,.,. rC:.-~ L-¥11U!I Wo.t.,;,o Cilml @ l,Jn;oo o, .,./:,f(Wjl!JIN • ..JJ.Alll:• t.n."lf lll . = ~ .. -x.,Alc ri:i:aw11- 1<1ur1.._,,111 ~" :_: :• (l~-eri:li:'ll Plafflh~ 0 N~-~,: l'tt!l\'-0 ..,~ 5 J G -= K!la-. Appendix 1 Modification # 39 Page 11 of 16 Page 355 of 440 Appendix 2 Modification # 40 The portion of the site identified as #1151 in the Region's Urban Settlement Area Assessment Review and Comments document (SABR #1151) shown below is included in the Urban Area of the Town of Fort Erie and identified as "Designated Greenfield Area" in Schedule B -Regional Structure ~ Di<TM L. •n •• _ , NIAGARA Cff!CV.l ~L;\N i>:~ .. .. ,~-•,-•"" "'; ., --. -. .._.. -~---/ ,"---.:...~ --·----.•·---~--.... ___ _ _ :rrr :, iw, ""' A--~ 1:1,.:::J ~ ..... ~ -'\=I• Pm,11>:IIII Rl.:.l<! =-ROQoo.l R;.:d -=-~ I! 11 1 -Kill'-'lff l ,,,.,,,1•~- W,:,t;.,'tl OW,11 @ 111~ 0 ~,,o,,. ~ 1.-,,....,., c,,,..; .. ~ -~ ----=--o • --> C:-; -=>o -a:> - ~ Hlghwav:l-r;:::. -==G am ~91 . -r 1 u e ::J :[ 1151 The portion of SABR 1151 highlighted in ye llow rs included in the Fort Erie urban area. --ta,lNCQel 60~ l (i~~P ............ l • C -P~-&::O 9, "1 ? E'1"'P'"""l'II P larl fa .1.Ul" fllll Page 12 of 16 Page 356 of 440 -• ~ Onlarlo ~ 11,r.._,~ '~ NIAGARA OFFICIAL FtAN ~> !!!N!lf -..,os ·-, .. -_ ___,.,,,. - ---. ~~:7' aim:. ~~ C".!!h ._ ~ -1~ - CJ Scttlc11r<1r..l ~ 1126 P!,,,1ln(t.lJ R- 1= R1151cr..1 Ro...t -Jlllll""l~ i-h'~jor W.w>r.:a<1"""' .. Wolilllfd Clll'lil ~ I@ "'1;,crt ~~~ : 0 P;;/odro,;,,, ::; .:.,! ~fTlti!c>nbf0-Dlila.l~ C I -Munl el:>;/6Q,..-., G,ac<1Ni% P~ An.> 9 "''1~E8~M!!rt P18Rfo98 IMIC-J! -= tGiQ ~ ~ ''~ . Appendix 3 Modification #41 The sites identified as #1125 and #1126 in the Region 's Urban Settlement Area Assessment Review and Comments document (SABR #1125 and SABR #1126) shown below are included in the Urban A rea of the C ity of Niagara Falls and identified as "Designated Greenfield Area" in Schedule B -Regional Structure Pa ge 13 of 16 Page 357 of 440 ~~ • .. ,,,,,. ,..,,L NIAGARA O FFICIA\ PlAN " OTTOJ ~TI:;t.; Majer W.itc-cmirsc:,; _ WO:..rv;1 C,an;il @ Jtll'l)M O AbtodfOC'!lfll .:;;; lrr~u:r •~hv• "'' CV¥•l119 -t.l!Jricil)!II Bounclar~ t::I NlDg.,r., &:..rpmenl Pt"" Ar ea 0 :Z.$ 5 ·10 -= Kl:Jom-alGB. IMECM.IIIIO Portion of the PMTSA showing outside of t he settlement area boundary w hkh needs to be adjusted t o align with the settl ement area boun dary . -W.C.-.71.A.'iU C0.1111-n -;: LMEERi: -OcllneA."od IBuilt,.U? ke:i 00$lgn~;nd <,r.onl\Qld Ar<1,, Str•te111c: Gr olllfh Aten C::1)1 Urta/1 G,ct,.e, eet,1re CJ Pn:lleaod t.b,,or Trnn,h s,.,,ti.,,, Arc., c:::J Reglonil Gr<l'\lth Oon1re c:J Di~ PlanAtea --lroniCort&d:J Pll)OLna, · ~-Enb!IOl)e Pipelne ,. Trnn•C:ul8d:ll Cempr ·• Sta!lon F. 11\AGAAf..,._ Appendix 4 Modification #42 The boundary of the Grimsby and Beamsville PMTSA should be adjusted to align with the settlement area boundary as shown below Page 14 of 16 Page 358 of 440 ~ ~ \~ ·;--.... NIAGARA OffiCIAL~ !J'\1...- 1\WL.,,l'; Areas to be modified by applying the Reg i on's Natural Environment System overlay to all the rands that are cov,ered by the provincial Natural Herttag:e System overlay -~ ~R,:od 1-Rcr.,o,4!Ro-.l -Rah.11'., M:tp,W<L~ 'i\'dl:md'G.ln.!I @ Alrpoo rt.s.1.Dr~.a.t-cu1-:-, o ·-rome -11,~I ~ -""'~ ~ 1c:::J tf~ ~ntPI.I;,, ,',ift i ~ ~ 10 iL w+N' E. Ui!EtRE ........ ,"DIWeol\!aaC&illilaiti! S. •4"',.o.·~-----· .. -~ ....... '--1--------'-...... ..,.,...--,...-... ~...,_____ --..---"'----·---~ Page 15 of Appendix 5 Modification# 43 Modifications to Schedules C1 and C2 as follows: Schedule C1 is modified by applying the Region's Natural Environment System Overlay to all the lands that are covered by the provincial Natural Heritage System overlay in the two locations shown below 16 Page 359 of 440 ~ -c.l -ca. • N IAGARA CHIC V!L l'\AN ,,~,(:/' -,·.,,n:N L.!'GcND D s..ta---.1 A~ P.-ai.',r,;o,ru F.ood P.y;:dllRaJIO -Ra,-, iw..r,, ,., .. 11,.,ta.,_ Wae.Jnd C,JM1 @ ~ 0 ~ -lnW-.o,,,,oj Ctol>tlil,Q -l\llJ"ilC:ti)III 8,-,wl!d¥fl c;;;;!' N""'111!1! E$Cll.1Pffl,i::!il P!!n .I.Mu 0 2 5 $ ,o -= 11;~1(' ... .. -__ ., --~--...-- l .. ~ .1.~.1$1 v .!IM~ Eac1ll so.r.:o ANSII -$tgt\k.:vil w«,,c,..'U'(la -o:-.a, \'{,:,oo:Jlv>cJ~ a,.., W,lla-a lllni M:lc'i f'mwlwlt, s~ ~ -PTVL"'N'.:-,!llq-.."~W~ -p _._nj Mil IIOti\!!il!W iStJllli-W -lfl!.vu! L....._ ~ +E ,~ W ·------..... ~ --........ -s --··-.-.,....~--·----~~----~-----1"11aiii:e:eit"S& --,r-.1a:.c--~._.,..-~__.. ~ Schedule C2 is modified by adding a "Linkage" in order to identify the north-south natural heritage system connection under the QEW, along the train tracks, as illustrated below: -Li'~ Page 16 of 16 Page 360 of 440 Report No. PDS 3-2023 Appendix 2 January 11, 2023 Appendix 2: Niagara Official Plan Mapping Modifications and References Policy 8.2.6 Modifications – Town of Fort Erie Description: Schedule C2 has been modified to include a Natural Environment System Overlay and Linkage feature on the subject lands Policy 8.11.3 Modifications – Township of Wainfleet Description: Schedule C2 has been modified to include a Natural Environment System Overlay and Linkage feature on the subject lands Page 361 of 440 Report No. PDS 3-2023 Appendix 2 January 11, 2023 Policy 4.2.4.10 – City of Niagara Falls – Cytec Lands Description: New Policy 4.2.4.10 has been added to the Niagara Official Plan to plan for uses on the “ Cytec Lands” (identified in the map below). Policy 8.9.1 – City of St. Catharines – Kaneff Lands Description: Modifications have been made to Policy 8.9.1 of the Niagara Official Plan, which refers to the “Kaneff Lands” (identified in the map below). Page 362 of 440 Report No. PDS 3-2023 Appendix 2 January 11, 2023 Urban Settlement Area Boundary Additions – Town of Fort Erie Description: The lands identified in the map below have been added to the Urban Settlement Area for the Town of Fort Erie. Urban Settlement Area Boundary Additions – City of Niagara Falls Description: The lands identified in the map below have been added to the Urban Settlement Area for the City of Niagara Falls . Page 363 of 440 Report No. PDS 3-2023 Appendix 2 January 11, 2023 Urban Settlement Area Boundary Adjustments – City of St. Catharines Description: Adjustments were made to the Urban Settlement Area boundary for the City of St. Catharines in order to conform to the mapping of the Greenbelt Plan. Page 364 of 440 Report No. PDS 3-2023 Appendix 2 January 11, 2023 Protected Major Transit Station Area Adjustments – Town of Lincoln Description: Lands were removed from the Town of Lincoln Protected Major Transit Station Area in order to align with the mapping of the Greenbelt Plan. Protected Major Transit Station Area Adjustments – Town of Grimsby Description: Lands were removed from the Town of Grimsby Protected Major Transit Station Area in order to align with the mapping of the Greenbelt Plan. Page 365 of 440 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca January 25, 2023 CL 1-2023, January 19, 2023 BRCOTW 2-2023, January 12, 2023 CSD 2-2023, January 12, 2023 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY 2023 Budget – Waste Management Services Operating Budget and Rate Requisition CSD 2-2023 Regional Council, at its meeting of January 19, 2023, approved the following recommendation of its Budget Review Committee of the Whole: That Report CSD 2-2023, dated January 12, 2023, respecting 2023 Budget – Waste Management Services Operating Budget and Requisition, BE RECEIVED and the following recommendations BE APPROVED: 1. That the 2023 Waste Management Services net operating budget increase of $2.35 million or 5.5%, inclusive of reserve usage BE APPROVED; 2. That the 2023 Waste Management Services gross operating budget of $63,451,982 and net budget of $45,167,763 as per Appendix 1 of Report CSD 2-2023 BE APPROVED; 3. That the net budget amount of $45,167,763 BE APPORTIONED between the local area municipalities in accordance with the methodology approved in PWA 55-2011 as per Appendix 4 of Report CSD 2-2023; 4. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration; 5. That a copy of this Report BE CIRCULATED to the local area municipalities; and 6. That the three (3) FTEs for the Waste Management Info Line Services BE APPROVED as temporary employees. A copy of Report CSD 2-2023 and By-law No. 2023-02 are enclosed for your information. Yours truly, Ann-Marie Norio Regional Clerk :gs CLK-C 2023-008 cc: H. Furtado, Director, Financial Management & Planning/Deputy Treasurer T. Harrison, Commissioner, Corporate Services/Treasurer K. Beach, Executive Assistant, Commissioner, Corporate Services Page 366 of 440 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca January 25, 2023 CL 1-2023, January 24, 2023 BRCOTW 2-2023, January 12, 2023 Report CSD 5-2023, January 12, 2023 Local Area Municipalities SENT ELECTRONICALLY 2023 Budget - Water and Wastewater Operating Budget, Rate Setting and Requisition Report CSD 5-2023 Regional Council, at its meeting held on January 24, 2023, passed the following recommendation of its Budget Review Committee of the Whole: That Report CSD 5-2023, dated January 12, 2023, respecting 2023 Budget - Water and Wastewater Operating Budget, Rate Setting and Requisition, BE RECEIVED and the following recommendations BE APPROVED: 1. That the 2023 Water & Wastewater net operating base budget increase of $4,219,495 (or 3.2%) for Operating plus $6,592,959 (or 5%) for Capital Financing over the 2022 operating budget BE APPROVED in accordance with the 2023 budget planning strategy; 2. That an increase of $520,988 or 0.39% over the 2022 Water & Wastewater operating budget BE APPROVED to support additional staffing resources for service delivery; 3. That the 2023 Water Operations gross operating budget of $51,482,957 and net budget in the amount of $51,042,464 for the Water Budget, Rates and Requisition BE APPROVED; 4. That the proposed fixed water requisition shown in Appendix 3 of Report CSD 5- 2023, based on 25% of the Region’s water net operating budget for the year and divided by 12 to determine the monthly charge, to be billed to each of the serviced Local Area Municipalities starting January 1, 2023, apportioned based on their previous three year’s average water supply volumes, BE APPROVED; 5. That the Region’s proposed 2023 variable water rate of $0.669 shown in Table 2 of Report CSD 5-2023, to be effective January 1, 2023 and calculated by taking 75% of the Region’s water net operating budget and dividing by the estimated supply volume, to be billed on a monthly basis to each serviced Local Area Municipality based on the previous month’s metered flows, BE APPROVED; Page 367 of 440 2023 Budget - Water and Wastewater Operating Budget, Rate Setting and Requisition January 25, 2023 Page 2 6. That the 2023 Wastewater Operations gross operating budget of $95,835,979 and net budget in the amount of $92,149,561 for the Wastewater Budget, Rates and Requisition BE APPROVED; 7. That the proposed 2023 fixed wastewater requisition as shown in Appendix 5 of Report CSD 5-2023, based on 100% of the Region’s net operating budget for the year and divided by 12 to determine the monthly charge, to be billed to each of the Local Area Municipalities starting January 1, 2023, apportioned based on their previous three year’s average wastewater supply volumes, BE APPROVED; 8. That the 2023 wastewater monthly bills INCLUDE the reconciliation for the 2021 net requisition allocation based on actual wastewater flows versus the estimated flows, as shown in Appendix 6 of Report CSD 5-2023; 9. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration; and 10. That a copy of Report CSD 5-2023 BE CIRCULATED to the Local Area Municipalities. A copy of Report CSD 5-2023 and By-law Nos. 2023-03 and 2023-04 are enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :gs CLK-C 2023-009 cc: H. Furtado, Director, Financial Management & Planning/Deputy Treasurer T. Harrison, Commissioner, Corporate Services/Treasurer K. Beach, Executive Assistant, Commissioner, Corporate Services Page 368 of 440 CSD 2-2023 January 12, 2023 Page 1 Subject: 2023 Budget – Waste Management Services Operating Budget and Requisition Report to: Budget Review Committee of the Whole Report date: Thursday, January 12, 2023 Recommendations 1. That the 2023 Waste Management Services net operating budget increase of $2.35 million or 5.5%, inclusive of reserve usage BE APPROVED; 2. That the 2023 Waste Management Services gross operating budget of $63,451,982 and net budget of $45,167,763 as per Appendix 1 of Report CSD 2-2023 BE APPROVED; 3. That the net budget amount of $45,167,763 BE APPORTIONED between the local area municipalities in accordance with the methodology approved in PWA 55-2011 as per Appendix 4 of Report CSD 2-2023; 4. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration; and 5. That a copy of this Report BE CIRCULATED to the local area municipalities Key Facts • The proposed Waste Management Services (WMS) net budget represents an approximate $2.35 million increase, or 5.5% over 2022 as shown in Appendix 1 to Report CSD 2-2023, in alignment with the 2023 Budget Planning Strategy. • The net budget increase, before budget mitigation strategies, of $6.9 million or 16.6% has been mitigated to 5.5% using operating and capital reserves to temporarily reduce and fund some of the increase for 2023. • Assessment growth for Niagara Region and Area Municipalities has been finalized; estimated assessment growth by municipality is summarized in Appendix 4. The Region’s year-to-date overall assessment growth (as of October 19, 2022) is 1.78% for 2022, resulting in the net requisition increase to be approximately 3.72% (5.50% less growth of 1.78%) with an average typical residential impact of $9.52 per year. • The net requisition amount has been allocated in accordance with the methodology approved in PWA 55-2011. The impacts by municipality in Appendix 5 to Report CSD 2-2023 are affected by the budget increase as well as growth in households Page 369 of 440 CSD 2-2023 January 12, 2023 Page 2 ______________________________________________________________________ and the enhanced services (as requested and selected by each Local Area Municipality (“LAM”)). • The due diligence process associated with the divestiture of the Material Recycling Facility (“MRF”) is ongoing at the time of writing this report, but the budget has been prepared assuming an effective transition date of April 21, 2023. Financial Considerations Current Year The gross operating expenses are $63.4 million, which net of revenues and mitigations results in a net requisition of $45.2 million. This represents an approximately $2.35 million or a 5.5% increase over the 2022 requisition as outlined in Appendix 1 to Report CSD 2-2023 and is in alignment with the 2023 Budget Planning Strategy. Not including budget mitigation strategies, the 2023 net operating budget proposes a 15.1% increase over 2022. Staff are recommending the use of reserve funding in the amount of $7.2 million to mitigate budget pressures and $0.3 million to fund one-time costs included in the budget. The use of funding from the reserve to mitigate budget pressures is consistent with the multi-year budget strategy presented as part of the 2022 budget process (see CSD 67-2021). Table 1 below shows the budget increase, before and after budget mitigation strategies Table 1 – Summary of Proposed WMS Services with Mitigations (in thousands of dollars) Waste Management 2023 Budget Summary 2022 2023 Increase (%) Operating expenses net of revenues $41,609 $48,533 16.6% Capital Transfers 4,136 4,136 Net Operating Budget Including Capital Transfers $45,745 $52,669 15.1% Transfers from Reserve: COVID-19 Costs (from Taxpayer Relief Reserve) (113) (6) One-Time Costs (from WM Stabilization Reserve) (385) (288) Total Transfers from Reserves (498) (294) Mitigation Strategy – Transfers from Reserves (Note 1) (2,434) (7,208) Net Budget Requisition – After Reserve Funding $42,813 $45,168 5.5% Page 370 of 440 CSD 2-2023 January 12, 2023 Page 3 ______________________________________________________________________ Note 1 – 2022 budget mitigation represents a $2,434 utilization of funds from the Waste Management Stabilization Reserve in order to mitigate budget pressures. 2023 budget mitigation represents a $3,072 utilization of funds from the Waste Management Stabilization Reserve as well as $4,136 temporary elimination of the capital transfers to the Landfill Liability and Waste Management Capital Reserves. A schedule providing the budgeted revenues and expenditures for 2022 and 2023 by type of expenditure is included as Appendix 1 to CSD 2-2023. A significant contributing factor of the increase in the budget is inflation of the Consumer Price Index (“CPI”) and diesel fuel prices, both of which are components of the cost escalations of contracts administered by WMS. Approximately 80% of all services provided by WMS through external contracts and therefore the budget is subject to market rate volatility. The budget reflects Regional Council approval of PWC-C 19-2022 to divest of the Material Recycling Facility (“MRF”). At the time of writing this report, the due diligence process between Niagara Region and the purchaser is ongoing. The budget has been prepared assuming that the effective transition date of the MRF divestiture will be April 21, 2023. Should the due diligence process result in any significant variations from what was approved in PWC-C 19-2022, any additional reports or information will be brought forward to Council. After the April 21, 2023 transition date WMS will no longer be required to pay for expenses to operate the MRF but will also no longer be entitled to end-market revenues generated by the sale of recyclable materials. The impacts of the divestiture on the 2023 operating budget is discussed in detail in the analysis section of the report. Appendices 5 to Report CSD 2-2023 provides further details and explanations of the long term financial benefit of the MRF divestiture on the 2023 operating budget. Multi-Year Forecast After the transition to extended producer responsibility (“EPR”), municipalities will no longer have financial or operational control of the residential Blue Box Program and producers (brand holders or first importers of any paper, packaging, or packaging-like product managed through the Blue Box Program) will be accountable for all costs associated with collection, haulage and processing of the material. The transition date is expected to be January 1, 2024. A multi-year forecast to 2025 is included as part of Appendix 3 to CSD 2-2023 to reflect the financial assumptions related to the transition. The forecast reflects annual increases of 5.50% for 2023 and 2.0% for 2024 and 2025. Page 371 of 440 CSD 2-2023 January 12, 2023 Page 4 ______________________________________________________________________ There are many assumptions and unknowns included in these forecasts and therefore staff will re-evaluate the long term budget and reserve strategies with the budget cycle each year. The key assumptions affecting the multi-year forecast are as follows: • 2024 o Reduction in operating expenditures for the residential recycling collection contract due to transition to EPR; there will be a corresponding reduction in Resource Productivity & Recovery Authority revenue received by WMS. o Contribution to the Waste Management Stabilization Reserve in the amount of $1.3 million will be made to partially replenish prior year mitigation funding from that reserve. o The reestablishment of the contribution to the Landfill Liability Reserve in the amount of $2.4 million removed in 2023 as a mitigation strategy. • 2025 o Contribution to the Waste Management Stabilization Reserve of $2.8 million and Landfill Liability Reserve of $2.4 million. o Reestablishment of the contributions to the Capital Reserve of $1.8 million. o This will fully re-establish capital reserve transfers to pre 2023 levels. o This year will be the first full operating year post impact of MRF divestiture and transition to extended producer responsibility • 2026 – Operations anticipated to be relatively stable in 2026 and onwards. Transfer to reserves fully re-established in 2025 to be maintained. Analysis The 2023 operating and multi-year budgets are impacted by a number of operational changes such as the MRF divestiture in 2023 and the transition to EPR in 2024. Furthermore, external factors such as escalating fuel and CPI rates have impacted the WMS budget strategy. MRF Divestiture Notwithstanding the outcomes of the due diligence period, the divestiture date of the MRF is April 21, 2023. After this day, WMS will no longer be required to pay for expenses to operate the MRF and will no longer receive the end-market revenues generated by the sale of recyclable materials. This represents an 8.25 month reduction Page 372 of 440 CSD 2-2023 January 12, 2023 Page 5 ______________________________________________________________________ of budgeted MRF operating costs (both operating expenses and operating revenues). The MRF operating costs relate to the processing of recyclable materials, WMS will still be responsible for the collection costs associated with residential recyclable materials until the EPR transition date in 2024. As a result of the MRF divestiture only, $7.3 million of net operating expenditures and $7.8 million of revenues have removed from the operating budget, while $17 million for recycling remains in the budget with $16.6 million of expenses related to the cost of collecting recyclables for 2023. The budget will be reduced by the residential collection portion of the contract once the transition to EPR occurs on January 1, 2024. Appendix 2 to Report CSD 2-2023 compares the 2022 budget to the 2023 base budget (as if MRF operations had continued for a full 12 months) net of the impact of the MRF divestiture (reduction of budgeted operating expenditures and revenues related to the MRF by 8.25 months), to provide the total recommended 2023 operating budget. As part of the agreement with the contractor operating the MRF, the contract oversees the staffing for the Waste Information Line (“Waste Info-Line”). The Waste Info-Line receives over 50 thousand calls annually and provides information on the Region’s landfill sites, information on how to dispose of specific items, collection information, information on purchasing and/or exchanging recycling, compost and waste bins/containers among others. As a result of the MRF divestiture, these services will no longer be provided by the contractor as of the divestiture date. In order to continue to provide this critical customer service to Niagara Residents, WMS has included 3.0 FTE’s in the 2023 operating budget. The funding for these FTE’s will be redirected from the MRF operating cost to labour related costs following the MRF divestiture. Based on 2023 rates, these 3.0 FTE’s are estimated to cost $192 thousand (subject to annual increases in future years) with the 2023 WMS operating budget including $174 thousand on the labour related cost line reflective of transition from the contracted services pre disposition of the MRF. As part of Niagara Region’s customer service strategy, these 3.0 FTE’s will be aligned and integrated with the Customer Service division within Corporate Services however they will continue to be funded from Waste Management special levy. The required number of FTE’s will be reviewed on an annual basis as the EPR transition may impact the volume of calls and therefore the number of FTE’s required to provide this service. If these FTE’s are not approved as part of WMS 2023 operating budget, the current customer service complement of FTE’s would not be able to support the influx of call volumes. As a result call wait times would increase which would likely draw an increase Page 373 of 440 CSD 2-2023 January 12, 2023 Page 6 ______________________________________________________________________ in complaints, a decrease in resident’s satisfaction and put additional strain on the existing Customer Service Associates. Increases, Pressures and Mitigation Table 2 below shows the composition of the WMS gross budget by major operating component. Table 2 – 2023 Gross WMS Budget Composition, Before Capital Transfers and Budget Mitigation Strategy (in thousands of dollars) Budget Composition 2023 Budget ($) % of Total Recycling Collection $17,016 26.8% Waste Collection 10,421 16.4% Organics Collection 7,972 12.6% Waste Diversion 12,162 19.2% Waste Disposal Operations and Processing 11,205 17.7% Administration, Policy and Planning (Note 1) 4,619 7.3% Total $63,395 100.0% Note 1 – includes additional request of 3.0 FTE’s to be aligned and integrated with the Region’s Customer Service division. As much of the program is delivered through partnerships with private service providers, approximately 80% of the operating-related costs are in the form of outsourced costs (alternative service delivery) and are subject to contract escalations and conditions. The remaining operating-related costs are associated with program-related purchases (such as the purchase of organics and recycling bins/carts, materials for recycling processing, purchase of recyclables etcetera), budgeted repairs and maintenance, utilities, labour related costs, program support, consulting and other administration costs. Of the budgeted operated-related expenditures, only approximately 2.25% are considered discretionary. The pressures in operations that contributed to the net operating increase are: • $1.6 million or 13.4% decrease in base recycling revenues resulting from the downturn in the commodity market experienced since the start of Q3 2022; Page 374 of 440 CSD 2-2023 January 12, 2023 Page 7 ______________________________________________________________________ • $0.8 million for the processing of the Region’s recyclables from the MRF transition date to the end of the year when the EPR transition will occur; • $1.0 million in MRF costs to estimate operations for a full 12 month and compare the 2022 base budget to the 2023 base budget. The net impact of the MRF divestiture (reduction of budgeted operating expenditures and revenues related to the MRF by 8.25 months) is shown separately as a program change in next bullet for full transparency; • $0.5 million net reduction due to divesture of MRF ($7.8 million reduced revenues (representing 8.25 months of operations) net of $7.3 million reduction in MRF operating costs); • $2.3 million or 7.1% increase in collection contract costs due to annual increases (CPI, fuel and household increase) associated with base and enhanced collection services. Increased from $32.2 million to $34.5 million; • $0.4 million or 7.7% increase in costs to processing organic material due to increased volumes as well as the impact of CPI on the contract. Increased from $4.6 million to $5.0 million; • $0.3 million or 15.2% increase in drop-off depot service costs which is due to the impact of CPI on the contract. Increased from $1.7 million to $2.0 million. • $0.3 million or 11.6% increase in landfill operation services which is resulting from the impact of CPI on the contract and increased volumes at the landfill sites. Increased from $2.6 million to $2.9 million; • $0.3 million or 44.4% increase in the cost of recycling and composting bins/carts due to an increase in the cost of resin required to produce these bins/carts as well as a higher demand for bins as a result of the uptake rates for the Region’s bin/cart replacement program. WMS is forecasting a small decrease in bin/cart revenue in 2023 resulting from the higher uptake volumes in the replacement program. The pressures noted above have been partially offset by favourable variances which are comprised of the following: • $0.2 million or 5.4% increase in tipping fee revenue at the landfill sites attributed to tonnage. Increase in revenue from to $3.7 million to $3.9 million. • $0.4 million or 7.3% increase in Waste Diversion revenue received from Resource Productivity and Recovery Authority (“RPRA”). Increase of revenue from $5.8 million to $6.2 million. Page 375 of 440 CSD 2-2023 January 12, 2023 Page 8 ______________________________________________________________________ Reserve Management – Capital Reserve and Landfill Liability As means for mitigating the 2023 budget pressures, the 2023 operating budget has proposed a reduction in the transfer to reserve from $4.1 million to $nil on a temporary basis without impacting the proposed capital program in the short term. The strategy to reintroduce the transfer to reserves is included in Appendix 6 and summarized as follows: • 2024 – Reinstating transfer to Landfill Liability Reserve from $nil to $2.3 million • 2025 – Transfer to Landfill Liability Reserve of $2.3 million and reinstating transfer to the Waste Management Capital Reserve from $nil to $1.8 million. • 2026 – No further changes. Reserve Management – Waste Management Stabilization Reserve As means for mitigating the 2023 budget pressures, a total of $3.4 million is being recommended to be utilized from the Waste Management Stabilization Reserve (“Stabilization Reserve”) as follows: • $0.3 million to fund one-time costs associated with the Waste Management Strategic Plan, temporary storage and office space for staff until a permanent location is constructed at the Humberstone landfill site and consulting costs to assist with the upcoming extended producer responsibility transition. • $3.1 million as a basis to offset the budget pressures and reduce the net requisition to 5.5% increase over 2022. As part of Niagara Region’s Reserve and Reserve Funds Policy (C-F-013), minimum and maximum funding targets have been established for reserves. For stabilization reserves, such as the Waste Management Stabilization Reserve, the funding target is 10% to 15% of operating expenditures not including debt repayments. Based on the proposed $3.4 million transfer from stabilization reserve in 2023, the reserve balance will be deemed to be underfunded and only at 4.4% of operating expenditures. As part of the multi-year forecast, WMS has included a replenishment of the Stabilization Reserve which will bring the forecasted 2025 closing balance in the reserve within the funding targets noted above. The replenishment of the Stabilization Reserve has been done so in budgeting with 2.0% budget increases from 2024 to 2025. Appendix 6 to Report CSD 2-2023 shows the forecasted Stabilization Reserve balances along with budgeted utilization and/or replenishments made to the reserve. Page 376 of 440 CSD 2-2023 January 12, 2023 Page 9 ______________________________________________________________________ 2023 Waste Management Requisition The net requisition amount will be allocated to the LAMs in accordance with the methodology approved in PWA 55-2011. As such, base WMS costs will be apportioned based on the 2021 percentage of residential units in each municipality, while the enhanced collection services and associated disposal costs will be apportioned to the requesting municipalities. The year-over-year increase in requisition amount by municipality before assessment growth equates to an increase ranging from 4.07% to 9.32% with an average increase of 5.5% as outlined in Appendix 4 to CSD 2-2023. The net requisition changes by municipality after year-to-date assessment growth (as at October 19, 2022) of 3.72% ranges from 1.77% to 5.27%. This range is the result of the differences in household growth between LAMs as well as net assessment growth. The WMS levy is collected as a special levy with the Region establishing the tax rates for each municipality (with the exception of Niagara-on-the-Lake). Note that these are average impacts and the actual impacts will vary on each individual property based on year-over-year assessment change relative to the average assessment change attributed to growth. Appendix 5 to Report CSD 2-2023 provides the impacts of the WMS requisition for 2023 in comparison to 2022 on a cost per typical residential unit basis by area municipality. The 5.5% increase on the budget will impact the average residential property from $6.87 to $13.45 annually depending on the municipality (average impact of $9.52 per year). Risks and Opportunities The proposed budget, like any other budget, has a number of risks and opportunities which include: • MRF divestiture not finalized – since the purchaser and the Region are currently in the due diligence period of the purchase agreement, there is a risk that the sale may not be completed. This would require staff to review and revise the proposed 2023 operating budget as the budget has currently been prepared assuming that the divestiture date of the MRF to be April 21, 2023. • Recycling commodity prices – the commodity market continues to fluctuate and has been trending downward since the start of Q3 2022. The 2023 operating Page 377 of 440 CSD 2-2023 January 12, 2023 Page 10 ______________________________________________________________________ budget includes 3.75 months of recycling revenues associated with the time period in which WMS will operate the MRF. The amounts budgeted are reflective of the current market trends but actual results may change. • Transition to extended producer responsibility and the impacts on WMS services delivery in future years; for example, continuation of recycling collection services to businesses. • Other price risks – the collection contract, as well as several other contracts managed by WMS, contain a number of annual contract cost adjustments related to fuel prices and CPI. If these factors exceed the forecasted amounts, this could have a material impact on the budget. • Use of reserve as mitigation – utilization of the Waste Management Stabilization Reserve to mitigate the 2023 operating budget pressures may limit the ability to mitigate unforeseen in-year operating expenditures as they arise. Alternatives Reviewed It is at the discretion of Council with all budgets to adopt staff recommendations which are based on principles of financial sustainability and long-term financial planning. However Council may recommend or direct staff to pursue alternative strategies for service delivery or mitigation measures. Relationship to Council Strategic Priorities The 2023 WMS budget supports responsible growth and infrastructure planning and supports Council’s objective of environmental sustainability and stewardship. Other Pertinent Reports • PWA 55-2011 – Waste Management Services Financing Study • CSD 70-2017 – Waste Management Reserve Strategy • PW 23-2020 Residential Blue Box Program Transition to Full Producer Responsibility • PW 48-2020 Residential Blue Box Program – Proposed Producer Responsibility Regulation • PWC-C 24-2021 – Residential Blue Box Program – Final Producer Responsibility Regulation Page 378 of 440 CSD 2-2023 January 12, 2023 Page 11 ______________________________________________________________________ • PWC-C 19-2022 – Confidential – 2021-RFP-209 Disposition or Lease of Niagara Region Owned Material Recycling Facility (MRF) and Provision of Recycling Processing Services ________________________________ Prepared by: Helen Furtado, CPA, CA Director, Financial Management & Planning/Deputy Treasurer Corporate Services ________________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Andrea Wheaton, Program Financial Specialist, Blair Hutchings, Manager, Revenue Planning and Strategy, and reviewed by Margaret Murphy, Associate Director, Budget Planning & Strategy and Catherine Habermebl, Director, Waste Management Services. Appendices Appendix 1 Waste Management Schedule of Revenues and Expenditures by Object of Expenditure Appendix 2 Waste Management Schedule of Revenues and Expenditures by Object of Expenditure and Budget Type Appendix 3 2023 – 2025 Multi-Year Forecast Appendix 4 Proposed 2023 Requisition by Municipalities Appendix 5 2023 Waste Management Requisition for Typical Residential Property by Municipality Appendix 6 2022 to 2026 Forecasted Waste Management Reserve Balances Page 379 of 440 CSD 2- 2023 Appendix 1 January 12, 2023 2023 Waste Management Schedule of Revenues and Expenditures by Object of Expenditure Object of Expenditure 2022 WMS Budget Total ($) 2023 WMS Budget Total ($) Total Variance ($) Total Variance (%)Notes Labour Related Costs 3,994,881 4,227,305 232,424 5.82%(1) Administrative 1,363,955 1,131,059 (232,896)-17.08%(2) Operational & Supply 54,969,582 54,259,735 (709,847)-1.29%(3) Occupancy & Infrastructure 1,557,301 1,067,404 (489,897)-31.46%(2) Equipment, Vehicles, Technology 1,180,084 612,962 (567,122)-48.06%(2) Partnership, Rebate, Exemption 224,658 244,688 20,030 8.92% Transfers To Funds 4,135,500 0 (4,135,500)-100.00%(4) Allocation Between Departments 154,473 162,156 7,683 4.97% Gross Expenditure Subtotal 67,580,435 61,705,309 (5,875,125)-8.69% Taxation (42,813,047)(45,167,763)(2,354,716)5.50% By-Law Charges and Sales (17,051,374)(8,165,388)8,885,986 -52.11%(5) Other Revenue (6,510,449)(6,753,330)(242,881)3.73% Transfer from Funds (2,931,646)(3,365,501)(433,855)14.80%(6) Gross Revenue Subtotal (69,306,516)(63,451,982)5,854,534 -8.45% Net (revenue) expenditure before indirect allocations Indirect Allocations (1,726,081) 1,726,082 (1,746,673) 1,746,673 (20,591) 20,591 1.19% 1.19% Net (revenue) expenditure after indirect allocations 0 0 0 0.00% (1) Increase is due to addition of 3.0 FTE's in order to staff the Waste Management Information Line. Currently, the staffing for this service is provided through the operating contract with Niagara Recycling. As a result of the MRF divestiture, the contracted staffing for this service will cease as of the date of the effective transfer at which point the Region will assume responsibility for providing these services. Page 380 of 440 CSD 2- 2023 Appendix 1 January 12, 2023 (2) Overall reduction is primarily a result of the impact of the MRF divestiture on the operating budget. See Appendix 5 to Report CSD 2-2023 which illustrates the impact of the MRF divestiture on the 2023 operating budget. (3) Overall net reduction is largely a result of increases in contracts operated by WMS (driven by increases in diesel fuel rates and Consumer Price Index), offset by the reduction in the budget from the MRF divestiture. See Appendix 5 to Report CSD 2-2023 which illustrates the impact of the MRF divestiture on the 2023 operating budget. (4) Transfer to Capital Reserve has been temporarily removed from the 2023 as part of the budget mitigation strategy. (5) Decrease in budgeted revenues is primarily a result of the MRF divestiture. See Appendix 5 to Report CSD 2-2023 which illustrates the impact of the MRF divestiture on the 2023 operating budget. (6) 2023 Transfer from Funds includes $6,000 funded from the Taxpayer Relief Reserve to fund budgeted COVID-19 costs, $287,500 to fund one-time costs budgeted in the WMS 2023 operating budget and a draw of $3,072,037 from reserve as part of the 2023 budget mitigation strategy.Page 381 of 440 CSD 2- 2023 Appendix 2 January 12, 2023 Waste Management Schedule of Revenue and Expenditures by Budget Request Type Object of Expenditure 2022 WMS Total Budget ($) Base Growth Costs (Note 1) One-Time Costs (Note 2) MRF Divestiture Impact 2023 WMS Total Budget ($) Total Variance ($) Total Variance (%) Notes Labour Related Costs 3,994,881 4,053,045 174,259 0 0 4,227,304 232,423 5.82% Administrative 1,363,955 982,315 0 212,500 (63,756)1,131,059 (232,896)-17.08% Operational & Supply 54,969,582 60,090,655 0 6,000 (5,836,919)54,259,736 (709,846)-1.29%(3) Occupancy & Infrastructure 1,557,301 1,715,048 0 75,000 (722,643)1,067,405 (489,896)-31.46% Equipment, Vehicles, Technology 1,180,084 1,298,723 0 0 (685,761)612,962 (567,122)-48.06% Financial Expenditures 224,658 244,688 0 0 0 244,688 20,030 8.92% Transfers To Funds 4,135,500 0 0 0 0 0 (4,135,500)-100.00%(4) Allocation Between Departments 154,473 162,156 0 0 0 162,156 7,683 4.97% Gross Expenditure Subtotal 67,580,435 68,546,630 174,259 293,500 (7,309,079)61,705,310 (6,107,547)-9.04% Taxation (42,813,047)(45,167,763)0 0 0 (45,167,763)(2,354,716)5.50% By-Law Charges and Sales (17,051,374)(15,850,153)0 0 7,830,584 (8,019,569)9,031,805 -52.97%(5) Other Revenue (6,510,449)(6,899,149)0 0 0 (6,899,149)(388,700)5.97% Transfer from Funds (2,931,646)(3,072,001)0 (293,500)0 (3,365,501)(433,855)14.80%(6) Gross Revenue Subtotal (69,306,516)(70,989,066)0 (293,500)7,830,584 (63,451,982)(822,555)1.19% Net (revenue) expenditure before indirect allocations Indirect Allocations Net (revenue) expenditure after indirect allocations (1,726,081) 1,726,082 (2,442,436) 1,746,672 174,259 0 0 0 521,505 0 (1,746,672) 1,746,672 (6,930,102) 20,590 401.49% 1.19% 0 (695,764)174,259 0 521,505 0 0 0.00% (1) Growth costs are attributed to the 3.0 FTE's added to the 2023 operating budget in order to support the Waste Management Information Line (2) $287,500 of one-time costs are funded from the Waste Management Stabilization Reserve and $6,000 of expenditures related to budgeted COVID-19 costs are funded from the Niagara Region's Taxpayer Relief Reserve.Page 382 of 440 CSD 2- 2023 Appendix 2 January 12, 2023 (3) Increase in the base budget is largely driven by forecasted increases in the various WMS operating contracts which are impacted by the significant increases in diesel fuel and Consumer Price Index ("CPI"). (4) Transfer to capital reserve temporarily removed from the 2023 operating budget as part of the 2023 budget mitigation strategy. (5) Decrease in the base budget by-law charges and sales is mainly attributed to the significant downturn experienced in the recycling commodity market. Overall decrease is a result of reduced recycling revenues included in the budget as a result of the MRF divestiture. (6) Transfer from Funds represents reserve funding included in the 2023 as follows; $6,000 funded from Niagara Region's Taxpayer Relief Reserve to cover budgeted COVID-19 expenditures, $287,500 from the Waste Management Stabilization Reserve to fund one-time costs included in WMS' 2023 operating budget and $3,072,037 from the Waste Management Stabilization Reserve as part of the 2023 budget mitigation strategy.Page 383 of 440 CSD 2-2023 Appendix 3 January 12, 2023 Multi-year Budget Forecast 2022 to 2025 ($000) Budget Summary 2022 2023 2024 2025 Net Base Budget Requisition before mitigations 45,745 52,669 46,536 44,148 Percentage Change 15.14%-11.65%-5.13% Transfers from Reserve: COVID-19 Costs (from Taxpayer Relief Reserve)-113 -6 0 0 One-Time Costs (from WM Stabilization Reserve)-385 -288 0 0 Total Transfers from Reserve -498 -294 0 0 (Note 1)-2,434 -7,208 -464 2,846 Net Budget Requisition – After Reserve Funding 42,813 45,168 46,072 46,994 Percentage Change 5.54%5.50%2.00%2.00% Waste Management FTE Reconciliation FTE Type 2022 2023 2024 2025 FTE - Regular (Note 2) 34.0 37.0 37.0 37.0 FTE - Temporary (Note 3) 1.7 0.7 0.7 0.7 FTE - Student 11.7 11.7 11.7 11.7 Total FTE (Note 4) 47.4 49.4 49.4 49.4 Page 384 of 440 CSD 2-2023 Appendix 3 January 12, 2023 Note 1 - (Mitigation)/Replenishment Strategy of Transfers to/(from) Reserves for all years presented is as follows: Component of Budget Strategy 2022 2023 2024 2025 Temporary Elimination of Capital Transfers Waste Management Capital Reserve $ -$ (1,779)$ (1,779)$ - Landfill Liability Reserve Total - (2,357) - - - (4,136) (1,779) - (Utilization)/Replenishment of WM Stabilization Reserve Transfer to WM Stabilization Reserve (mitigation strategy) (2,434) (3,072) - - Transfer from WM Stabilization Reserve (replenishment strategy) - - 1,315 2,846 Total Net Transfer (from)/to WM Stabilization Reserve (2,434) (3,072) 1,315 2,846 Net Budget (Mitigation)/Replenishment Strategy $ (2,434)$ (7,208)$ (464)$ 2,846 Note 2 - Change in regular FTE from 2022 to 2023 is a result of the request for 3.0 FTE's to support the Waste Management Information Line. Note 3 - Change in temporary FTE from 2022 to 2023 is due to the 2022 budget including a 18 month temporary position funded from the Waste Management Stabilization Reserve in order to provide support through the EPR transition. Funding was returned to resereve in 2022 and is budgeted to be used for one-time consulting costs relating to the transition in the 2023 budget. Note 4 - Total FTE count is based on required number of FTE's to support Waste Management operations as of 2023. Waste Management will continue to assess FTE requirements to support operations on an annual basis.Page 385 of 440 CSD 2-2023 Appendix 4 January 12, 2023 Proposed 2023 Requisition by Municipality Municipality 2022 Charges ($000) 2023 Requisition ($000) 2022 vs 2023 Increase ($000) 2022 vs 2023 Increase (%) Taxable Assessment Growth (%) (Note 1) Net Increase (%) Fort Erie $ 3,255 $ 3,426 $ 171 5.26%1.57%3.69% Grimsby $ 2,386 $ 2,522 $ 136 5.71%1.17%4.54% Lincoln $ 2,000 $ 2,139 $ 139 6.95%3.39%3.56% Niagara Falls $ 8,363 $ 8,928 $ 566 6.77%1.49%5.28% Niagara-on-the-Lake (Note 1)$ 1,845 $ 1,952 $ 107 5.79%1.13%4.66% Pelham $ 1,504 $ 1,578 $ 74 4.92%1.75%3.17% Port Colborne $ 2,139 $ 2,226 $ 86 4.03%0.92%3.11% St. Catharines $ 12,880 $ 13,445 $ 565 4.38%0.97%3.41% Thorold $ 1,888 $ 2,064 $ 177 9.36%5.86%3.50% Wainfleet $ 655 $ 682 $ 26 4.02%1.72%2.30% Welland $ 4,803 $ 5,043 $ 240 5.01%3.23%1.78% West Lincoln $ 1,095 $ 1,162 $ 67 6.14%2.28%3.86% Total $ 42,813 $ 45,168 $ 2,355 5.50%1.78%3.72% Note 1 - Total taxable assessment growth percentage of 1.78% represents Niagara actual growth for 2022 as of October 19, 2022 Note 2 - NOTL assessment growth value on increase in residential units NOT CVA (as per NOTL requisition methodology).Page 386 of 440 CSD 2-2023 Appendix 4 January 12, 2023Change in Residential Units - 2023 Budget over 2022 Budget Municipality Residential Units 2022 Budget Residential Units 2023 Budget Increase Increase (%) Fort Erie 15,964 16,183 219 1.37% Grimsby 11,576 11,772 196 1.69% Lincoln 9,668 9,945 277 2.87% Niagara Falls 39,036 39,249 213 0.55% Niagara-on-the-Lake 8,793 8,883 90 1.02% Pelham 7,249 7,312 63 0.87% Port Colborne 10,346 10,365 19 0.18% St. Catharines 60,046 60,226 180 0.30% Thorold 8,982 9,417 435 4.84% Wainfleet 3,239 3,250 11 0.34% Welland 23,702 23,962 260 1.10% West Lincoln 5,547 5,639 92 1.66% Total 204,148 206,203 2,055 1.01%Page 387 of 440 CSD 2-2023 Appendix 5 January 12, 2023 Estimated 2023 Requisition For Typical Residential Property by Municipality 2022 Final CVA (Note 1) WM Tax Rate Final 2022 WM taxes 2023 Draft CVA (Note 2) 2023 Draft WM Tax Rate (Note 3) Estimated 2023 WM Tax Rate Annual Increase ($) Annual Increase (%) Net Monthly Increase ($) Fort Erie 216,145 0.0007418 $ 160.33 216,145 0.0007687 $ 166.14 $ 5.81 3.63%$ 0.48 Grimsby 400,088 0.0004461 $ 178.50 400,088 0.0004661 $ 186.49 $ 7.99 4.48%$ 0.67 Lincoln 364,773 0.0004666 $ 170.18 364,773 0.0004826 $ 176.05 $ 5.87 3.45%$ 0.49 Niagara Falls 262,988 0.0005676 $ 149.28 262,988 0.0005971 $ 157.04 $ 7.76 5.20%$ 0.65 Niagara-on-the-Lake (Note 2) Pelham 364,292 0.0005033 $ 183.33 364,292 0.0005189 $ 189.05 $ 5.72 3.12%$ 0.48 Port Colborne 207,501 0.0009590 $ 198.99 207,501 0.0009885 $ 205.12 $ 6.13 3.08%$ 0.51 St. Catharines 259,643 0.0007208 $ 187.16 259,643 0.0007452 $ 193.50 $ 6.34 3.38%$ 0.53 Thorold 228,358 0.0006295 $ 143.76 228,358 0.0006503 $ 148.50 $ 4.74 3.30%$ 0.40 Wainfleet 273,324 0.0006253 $ 170.92 273,324 0.0006395 $ 174.79 $ 3.87 2.26%$ 0.32 Welland 214,079 0.0008276 $ 177.17 214,079 0.0008418 $ 180.22 $ 3.05 1.72%$ 0.25 West Lincoln 323,030 0.0004915 $ 158.78 323,030 0.0005101 $ 164.78 $ 6.00 3.78%$ 0.50 Notes: Note 1 - 2022 and 2023 average CVA for typical household based on average value from 2020 tax policy study. No change from 2020 to 2022 or 2023 as a result of Provincial delay of new assessment cycle. Note 2 - NOTL charge to residents based on fixed household amount as calculated by NOTL and therefore not included in this analysis. Note 3 - 2023 draft WM rates based on 2023 tax policy (except discount factors), 2023 draft requisition amounts and 2023 estimated returned roll assessment values.Page 388 of 440 CSD 2-2023 Appendix 6 January 12, 2023 Forecasted Waste Management Reserve Balances (in thousands of dollars) Waste Management Stabilization Reserve 2022 2023 2024 2025 Opening balance $ 8,607 $ 6,040 $ 2,781 $ 4,196 Interest allocation 125 100 100 100 Transfer to Reserve (Note 1) 127 - - - One-time Costs Funded from Reserve (385) (288) - - (Budget Mitigation) / Reserve Replenishment Strategy (Note 2) Closing balance (Note 3) (2,434) (3,072) 1,315 2,846 $ 6,040 $ 2,781 $ 4,196 $ 7,142 Funding Targets (Note 4) Minimum Funding Target $ 6,510 $ 6,340 $ 4,846 $ 4,612 Maximum Funding Target $ 9,765 $ 9,490 $ 7,221 $ 6,864 Waste Management Capital Reserve 2022 2023 2024 2025 Opening balance $ 11,573 $ 9,233 $ 6,107 $ 4,788 Interest allocation 200 200 200 200 Budgeted transfer to reserve 1,779 - - 1,779 Budgeted transfer from reserve (Note 5) (6,054) (3,326) (1,519) (619) Forecasted year-end transfer to reserve (Note 6) Closing balance $ 1,735 - - - 9,233 $ 6,107 $ 4,788 $ 6,148 Funding Targets (Note 7) Minimum Funding Target $ 3,400 $ 3,468 $ 3,537 $ 3,608 Maximum Funding Target $ 5,000 $ 5,100 $ 5,202 $ 5,306 Landfill Liability Reserve 2022 2023 2024 2025 Opening balance $ 10,163 $ 8,191 $ 5,556 $ 7,063 Interest allocation 150 150 150 150 Budgeted transfer to reserve 2,357 -2,357 2,357 Budgeted transfer from reserve (Note 5) (4,479) (2,785) (1,000) -Page 389 of 440 CSD 2-2023 Appendix 6 January 12, 2023 Closing balance $ 8,191 $ 5,556 $ 7,063 $ 9,570 Funding Targets (Note 8) Minimum Funding Target $ 31,300 $ 31,300 $ 31,300 $ 31,300 Maximum Funding Target $ 78,250 $ 78,250 $ 78,250 $ 78,250 Note 1 - Transfer back to reserve in 2022 represents funding drawn from Stabilization Reserve as part of the 2022 operating budget to fund a temporary 18 month position through the EPR transition. Funding was returned to resereve in 2022 and is budgeted to be used for one-time consulting costs relating to the transition in the 2023 budget. Note 2 - Transfer to Waste Management Stabilization Reserve as part of reserve replenishment strategy have been included WMS 2023-2026 multi-year forecast Note 3 - 2022 forecasted balance will be impacted by any surplus/deficit relating to 2022 operations. Any surplus/(deficit) will be recommended from transfer to/(from) the Waste Management Stabilization Reserve as part of the 2022 Year End Results and Transfer Report to be presented to Corporate Services Committee in Q1 2023. Note 4 - As per Niagara Region's Reserve and Reserve Funds Policy (C-F-013), the funding target for the Waste Management Stabilization Reserve is 10% to 15% of operating expenditures not including debt repayments. Note 5 - Budgeted transfer from reserve represents transfers out of the Waste Management Capital Reserve in order to fund capital projects Note 6 - Forecasted year-end transfer to reserve represents the amount expected to be returned to the Waste Management Capital Reserve as part of the 2022 Year-End Results and Transfer Report (to be presented to Corporate Services Committee in Q1 2023). Forecasted transfer is amount included as part of the Q2 2022 Financial Update as presented in CSD 42-2022. Note 7 - Waste Management Capital Reserve funding target is in alignment with AMP target AARI of open landfill assets, however does not address the backlog.Page 390 of 440 CSD 2-2023 Appendix 6 January 12, 2023 Note 8 - Waste Management Landfill Liability Reserve is 40% to 100% of the unfunded liability presented on the consolidated financial statements. Funding targets shown above are based on the amount of the unfunded landfill liability presented in the audited 2021 Niagara Region consolidated financial statements. Funding targets to be updated annually based on the amount presented in the consolidated financial statements. Page 391 of 440 CSD 5-2023 January 12, 2023 Page 1 Subject: 2023 Budget-Water and Wastewater Operating Budget, Rate Setting and Requisition Report to: Budget Review Committee of the Whole Report date: Thursday, January 12, 2023 Recommendations 1. That the 2023 Water & Wastewater net operating base budget increase of $4,219,495 (or 3.2%) for Operating plus $6,592,959 (or 5%) for Capital Financing over the 2022 operating budget BE APPROVED in accordance with the 2023 budget planning strategy; 2. That an increase of $520,988 or 0.39% over the 2022 Water & Wastewater operating budget BE APPROVED to support additional staffing resources for service delivery; 3. That the 2023 Water Operations gross operating budget of $51,482,957 and net budget in the amount of $51,042,464 for the Water Budget, Rates and Requisition BE APPROVED; 4. That the proposed fixed water requisition shown in Appendix 3 of Report CSD 5- 2023, based on 25% of the Region’s water net operating budget for the year and divided by 12 to determine the monthly charge, to be billed to each of the serviced Local Area Municipalities starting January 1, 2023, apportioned based on their previous three year’s average water supply volumes, BE APPROVED; 5. That the Region’s proposed 2023 variable water rate of $0.669 shown in Table 2 of Report CSD 5-2023, to be effective January 1, 2023 and calculated by taking 75% of the Region’s water net operating budget and dividing by the estimated supply volume, to be billed on a monthly basis to each serviced Local Area Municipality based on the previous month’s metered flows, BE APPROVED; 6. That the 2023 Wastewater Operations gross operating budget of $95,835,979 and net budget in the amount of $92,149,561 for the Wastewater Budget, Rates and Requisition BE APPROVED; Page 392 of 440 CSD 5-2023 January 12, 2023 Page 2 ______________________________________________________________________ 7. That the proposed 2023 fixed wastewater requisition as shown in Appendix 5 of Report CSD 5-2023, based on 100% of the Region’s net operating budget for the year and divided by 12 to determine the monthly charge, to be billed to each of the Local Area Municipalities starting January 1, 2023, apportioned based on their previous three year’s average wastewater supply volumes, BE APPROVED; 8. That the 2023 wastewater monthly bills INCLUDE the reconciliation for the 2021 net requisition allocation based on actual wastewater flows versus the estimated flows, as shown in Appendix 6 of Report CSD 5-2023; 9. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration; and 10. That a copy of Report CSD 5-2023 BE CIRCULATED to the Local Area Municipalities. Key Facts • The proposed Water net budget represents a $2.5 million increase, or 5.2% over 2022; the proposed Wastewater net budget represents an $8.8 million increase, or 10.57% over 2022, for a combined W ater & Wastewater budget increase of 8.59% as shown in Table 1. • The 2023 Budget Planning Strategy proposed a total Water and Wastewater budget increase of 8.2% (3.2% for base budget expenditures and 5% for enhanced capital financing) • A separate increase of 0.39% in excess of the 2023 Budget Planning Strategy is recommended to support additional staffing needs in the department to support service delivery • The approved 2021 Asset Management Plan (AMP) recommends a yearly increase of 7.22% on the combined water and wastewater rate and requisition for enhanced capital financing over a 10-year period to achieve asset sustainability, however the budget strategy adopted a more moderate approach to addressing the capital backlog with a request for 5% annually instead. • The requisition methodology conforms to Council’s approved cost recovery methodology from 2011, which was reaffirmed through report CSD 61-2015, on July 2, 2015. The methodology apportions to the LAMs water at 75% variable rate and 25% as a fixed component and wastewater 100% fixed. Page 393 of 440 CSD 5-2023 January 12, 2023 Page 3 ______________________________________________________________________ • The proposed variable water rate is increased to $0.669 (2022 = $0.636) attributed to the budget increase with no projected change in water flows for 2023. Financial Considerations The Water and Wastewater Division’s proposed 2023 net budget amount of $143.2 million represents an $11.3 million net increase or 8.59% (3.2% for base operating, 5% for enhanced capital financing, and 0.39% for program changes - staffing) from the 2022 budget, as shown in Table 1. The total net cost related to the Wastewater program is $92.2 million, representing a net increase of $8.8 million, or 10.57% from 2022. The remaining $51.0 million relates to the Water program, which has increased by $2.5 million, or 5.20% from 2022. The proposed gross budget and comparison to the 2022 net budget are outlined in Table 1. Table 1 – Summary of Proposed Water and Wastewater Budget (‘000) Water & Wastewater 2023 Budget Summary Water ($) Wastewater ($) Total ($) 2022 Net Requisition 48,518 83,341 131,859 2023 Budget: Total Operating Expenses 23,733 53,701 77,434 Business Support 2,168 3,674 5,842 Reserve Transfer & Debt Charges 24,246 32,682 56,929 2023 Base Gross Budget Total 50,148 90,057 140,205 Enhanced Capital Financing (5%) 1,213 5,380 6,593 Program Changes – Staffing (0.39%) 122 399 521 2023 Gross Budget Total 51,483 95,836 147,319 Less: Revenues (440) (3,686) (4,126) 2023 Net Requisition 51,042 92,150 143,192 Percentage Change 5.20% 10.57% 8.59% Analysis The 2023 Water and Wastewater budgets were developed giving consideration to current inflation, historical results (2021 actuals, 2022 forecast), operational concerns, legislative compliance, standard operating procedures, impacts as a result of COVID-19 and cross-divisional and corporate business support costs. Budget for Enhanced Capital Financing Page 394 of 440 CSD 5-2023 January 12, 2023 Page 4 ______________________________________________________________________ Council previously adopted a 5.15% increase as per the Safe Drinking Water Act (SDWA) financial plan in 2019. The SDWA financial plan proposed a yearly budget increase of a 3.15% contribution to capital and a 2% for other operating expenses. While the capital program has been progressing toward sustainability, an increase in backlog, replacement values, and revised capital project estimates require additional budget increases from previous strategies. Per Report CSD 7-2022 (2021 Asset Management Plan), achieving capital sustainability requires an annual capital contribution increase of 7.22% to the combined WWW rate and requisition over a ten year period compared to the 3.15% as per the 2019 SDWA financial plan. While the AMP recommendation maximizes asset sustainability, staff recognize constraints of accelerating project timelines and are proposing a capital financing strategy to reduce the backlog over fifty years as per CSD 22-2022 (2023 Budget Planning) instead of 10 years. This translates to a yearly increase in enhanced capital funding of 5% on the WWW combined rate and requisition as opposed to 7.22%. Budget for Base Services The 2023 Budget Strategy estimated a base services increase of $4.2 million (3.2%) on the 2022 Water and Wastewater combined rate and requisition. The 2023 Budget Strategy considered the impact of extraordinary inflation rates/cost escalations on base services including chemical costs, repairs and maintenance, sludge haulage, as well as the reestablishment of the CSO program to a gross budget of $4.0 million from $3.1 million (net impact of $0.45 million or 0.34% of the 2022 Water and Wastewater requisition). It is important to note that as of September 30, 2022 approximately $13.0 million of prior approved CSO program budgets has been unspent. Given the largely fixed cost nature of the operations (i.e., chemicals, utilities, property tax, previously approved debt charges), inflationary impacts on program delivery have been significant with limited opportunity for budget mitigation without risking core service delivery. Of the total requisition amount of $143M for 2023, approximately 93% of the total amount is fixed as it relates to treatment of Water and Wastewater and capital financing. The remaining 7% can be classified as discretionary expenditures that does not specifically relate to Water/Wastewater treatment (i.e., CSO grants, certain building maintenance such as snow removal and grass cutting). The base pressures to the budget of $4.2 million (3.2%) are largely due to the following: Page 395 of 440 CSD 5-2023 January 12, 2023 Page 5 ______________________________________________________________________ • $0.45 million net (Gross = $0.9 million, $0.45 million funded from development charges) to reinstate CSO program to a total gross budget of $4 million • $1.58 million or 32% in chemical costs as a result of global supply chain challenges • $0.68 million or 8.1% increase for sludge/haulage due to an increase in volumes and increases in the annual contract rate tied to fuel prices and inflation • $0.4 million or 11.6% increase in grounds/building repairs and maintenance • $0.5 million or 8.4% increase in equipment repairs and maintenance due to rising costs and aging infrastructure • $0.9 million or 3.7% increase to labour related costs as per current labour contracts and policies. Labour related costs also include the reintroduction of a student position supporting the integrated services division ($0.04 million). Other student positions that were deferred in 2021 as part of COVID-19 mitigation measures will continue to be deferred into 2023. The base pressures noted above were partially offset by identified savings noted below: • $1.03 million or 11% reduction in hydro based on 2021 and 2022 pricing trends in industrial/commercial facilities such as treatment plants • $0.1 million or 16.5% in hauled sewage fees primarily based on increasing volume trends Program Changes - Staffing The recommended 2023 Water and Wastewater operating budget includes the request for five incremental permanent FTE to support optimal program delivery and best industry health and safety practices. These resources result in an incremental budget impact of $0.5 million (0.39% of the 2022 Water and Wastewater budget). These positions include: one Health and Safety Manager, two Instrument Technicians, and two Pumping Station/Linear Infrastructure Team Members. The recommended 2023 Water and Wastewater operating budget also includes the request to convert three temporary FTE to permanent FTE in support of capital program delivery. These positions include two Senior Project Managers and one Senior Technical Project Manager. There is no direct incremental budget impact associated with these converted positions. Page 396 of 440 CSD 5-2023 January 12, 2023 Page 6 ______________________________________________________________________ One-Time Expenditures The proposed 2023 Water and Wastewater operating budget also includes several one- time consulting engagements to be funded by Water and Wastewater stabilization reserves totalling $0.5 million as follows: SDWA updates ($0.05 million) legislatively required for 2024, property loss and valuations on water and wastewater facilities ($0.25 million), and geographic information system mapping updates to support WWW asset management ($0.2 million). There is no overall impact on the proposed 2023 Water and Wastewater requisition of these one-time expenditures proposed. Reserve Management - Capital/Infrastructure The projected annual capital financing contributions until 2032 based on the 2021 AMP affordability strategy have been included as Appendix 2 to this report. Appendix 2 also includes the target based on the 2021 AMP for comparison. It is important to note that staff are required to update the SDWA Financial Plan in 2024 and much of that work will take place in 2023. The 2024 SDWA update may recommend different capital contributions from those outlined in the 2021 AMP given changing market conditions, project timelines, estimates and current asset conditions. Fixed Water Requisition As per Council’s approved methodology, $12,760,616 (25%) of the net Water budget will be recovered from fixed monthly requisitions to the local municipalities based on historical flows. Appendix 3 summarizes the fixed amounts to be billed to each LAM based on this methodology. The historical water flows and percentages utilized are included in Appendices 3 and 4. This annual amount based on the historical flows is then divided by 12 to determine the monthly charge to be billed to each of the services LAMs starting January 1, 2023. Also included as part of Appendix 3, is the annual impact on the fixed water requisition between 2022 and 2023 for each LAM. Variable Water Rate The remaining $38,281,848 (75%) will be charged through the variable rate. The recommended variable rate of $0.669 per cubic metre as outlined in Table 2 is based on Page 397 of 440 CSD 5-2023 January 12, 2023 Page 7 ______________________________________________________________________ a water forecast using the past three year average flows. Despite growth for the Region in recent years the flow estimates are still volatile and are dependent on weather conditions and most recently continued impacts related to COVID-19. The resulting estimate for 2023 is an overall volume consistent with the amount used for the 2019 - 2022 budgets reflective of a probable levelling off of these variables to a stable volume. An overview of the water trends and related risk is outlined in more detail in Appendix 4. The proposed variable water rate increase is $0.0327 (5.14%) (2022 = $0.636) which is attributed only to the budget increase. Table 2 – Variable Water Rate for 2023 Net Budget 2023 Variable Water Rate $/Volume Variable Allocation (75% x $51,042,464) $38,281,848 2023 Water Flow Forecast (m3) 57,250,000 Variable Rate ($/m3) $0.669 Wastewater Requisition The wastewater net requisition is recovered 100% from fixed monthly requisitions to the local municipalities, apportioned based on the historical three year average flows. The annual amount is divided by twelve to determine the monthly charge to each of the serviced LAMs starting January 1, 2023. Appendix 5 provides the fixed amounts to be billed to each LAM based on this methodology as well as the historical wastewater flows and apportionments and the comparison of the fixed wastewater requisition amount between 2022 and 2023 for each LAM. As per Council’s approved cost recovery methodology, the 2023 monthly Wastewater charges will include reconciliation of the 2021 Wastewater requisition payments. Municipal 2021 rebates or charges will be based on their respective share of actual flows versus the estimated share used to initially allocate the 2021 charges. This reconciliation results in a total of $2,339,630 in payments to, and $2,339,630 in rebates from, the local municipalities included as Appendix 6. Tables outlining the calculation of the reconciliation and the total charge including the 2023 requisition and 2021 reconciliation by local municipality have been included in Appendix 6 as well. Staffing In addition to the resources requested through this report, WWW staff have identified the need for further staff resources to support program delivery. These resources would Page 398 of 440 CSD 5-2023 January 12, 2023 Page 8 ______________________________________________________________________ support execution and maintenance of the capital plan in a timely fashion as well as industry best practices and process optimization. Staff feel it is important to identify the need for these additional resources as critical infrastructure continues to age, regulatory requirements continue to evolve, and the Niagara population continues to grow. Staff will be seeking approval through subsequent budgets of these positions as they have not been included in the 2023 Operating Budget due to other budget constraints. These positions are outlined in Appendix 7. Risks & Opportunities • Water/wastewater flows are weather dependent and the COVID-19 pandemic has also caused variability and reductions in water flows over the past several years due to periodic shutdowns and travel restrictions. • Unanticipated equipment and underground infrastructure failure may impact operating expenditures. • Further exceptional inflation and/or global supply chain challenges may have a budget impact on expenditures required to support program delivery Alternatives Reviewed Additional staffing resources requested in this report in the amount of $0.5 million (0.39% of the 2022 Water and Wastewater budget) could be accommodated in the overall 2023 Base Budget Planning Strategy of 3.2% by reducing the CSO budget by $1.0 million gross ($0.5 million net of development charge funding). The gross CSO budget for 2023 would then be $3.0 million. As of September 30, 2022 approximately $13.0 million of prior approved CSO program budgets has been unspent. Staff anticipate actual spending in 2023 on the program between $3.0 million and $3.2 million. The LAMs continue to catch up on previously approved and funded projects. Relationship to Council Strategic Priorities The 2023 Water and Wastewater proposed budgets support Council’s strategic priorities of organizational excellence, by meeting or exceeding legislative requirements and having 43% of the total program costs related to infrastructure renewal and replacement. Other Pertinent Reports PW 4-2019 Safe Drinking Water Act Financial Plan Page 399 of 440 CSD 5-2023 January 12, 2023 Page 9 ______________________________________________________________________ PW 39-2020 South Niagara Falls WWTP Update PW 39-2021 South Niagara Falls Wastewater Treatment Plant - Budget and Property CSD 7-2022 2021 Corporate Asset Management Plan CSD 22-2022 2023 Budget Planning and Timetable ________________________________ Prepared by: Helen Chamberlain, CPA, CA Director, Financial Management & Planning/Deputy Treasurer Corporate Services _______________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared by Dan Ane, Manager Program Financial Support in consultation with Pamela Hamilton, Supervisor Corporate Budgets, Bruce Zvaniga, Commissioner, Public Works, and Joe Tonellato, Director, Water & Wastewater Appendices Appendix 1 2023 Water and Wastewater Schedule of Revenues and Expenditures by Object of Expenditure Appendix 2 Forecasted Water and Wastewater Capital Financing Appendix 3 Fixed Water Requisition for 2023 Net Budget and Water Flows and Fixed Water Requisition by LAM Appendix 4 Water Volume Analysis Appendix 5 Fixed Wastewater Requisition by Municipality for 2023 Net Budget, Wastewater Flows by Municipality and Fixed Requisition by Municipality Page 400 of 440 CSD 5-2023 January 12, 2023 Page 10 ______________________________________________________________________ Appendix 6 2021 By-Law Wastewater Requisition, 2021 Fixed Wastewater Requisition Including Reconciliation by Municipality, Wastewater Reconciliation for 2021 Included in 2023 Requisition by Municipality Appendix 7 WWW Staffing Resource Needs Page 401 of 440 2023 Water and Wastewater Schedule of Revenue and Expenditures by Object of Expenditure CSD 5-2023 Appendix 1 January 12, 2023 Object of Expenditure 2022 Water Budget Total ($) 2022 Wastewater Budget Total ($) 2022 Combined Total ($) 2023 Water Budget Total ($) 2023 Wastewater Budget Total ($) 2023 Combined Total ($) Combined Total Variance ($) Total Combined Variance (%)Note A_40000AB Compensation 7,815,034 10,818,552 18,633,586 8,043,159 11,410,572 19,453,731 820,145 4.4%(1) A_41000AB Administrative 462,075 1,114,396 1,576,471 498,054 1,253,710 1,751,764 175,293 11.1%(2) A_44000AB Operational & Supply 2,272,801 12,166,665 14,439,466 2,648,275 14,119,656 16,767,931 2,328,465 16.1%(3) A_50000AB Occupancy & Infrastructure 5,915,009 11,831,987 17,746,996 5,730,845 11,560,317 17,291,162 (455,834)(2.6%)(4) A_52000AB Equipment, Vehicles, Technology 1,142,401 3,059,449 4,201,850 1,468,029 3,275,587 4,743,616 541,766 12.9%(5) A_56000AB Partnership, Rebate, Exemption 86,110 3,100,000 3,186,110 66,850 4,000,000 4,066,850 880,740 27.6%(6) A_75100AC Transfers To Funds 22,147,810 18,462,196 40,610,006 23,191,558 24,484,336 47,675,894 7,065,888 17.4%(7) A_60000AC Allocation Between Departments 698,777 970,068 1,668,845 760,664 1,019,923 1,780,587 111,742 6.7% A_60260AC Allocation Within Departments 4,393,839 6,981,696 11,375,535 4,639,492 7,460,242 12,099,734 724,199 6.4%(1) Gross Expenditure Subtotal 44,933,856 68,505,009 113,438,865 47,046,926 78,584,343 125,631,269 12,192,404 10.7% A_30000AB Taxation (48,517,726)(83,341,487)(131,859,213)(51,042,464)(92,149,562)(143,192,026)(11,332,813)8.6% A_32400AB By-Law Charges & Sales (12,000)(1,527,090)(1,539,090)(12,000)(1,653,478)(1,665,478)(126,388)8.2%(8) A_34950AB Other Revenue (424,135)(1,582,940)(2,007,075)(428,493)(2,032,940)(2,461,433)(454,358)22.6%(6) A_75000AC Transfers From Funds (24,200)(83,600)(107,800)0 0 - 107,800 (100.0%) Gross Revenue Subtotal (48,978,061)(86,535,117)(135,513,178)(51,482,957)(95,835,980)(147,318,937)(11,805,759)8.7% Net Expenditure (revenue) before indirect allocations A_70000AC Indirect Allocation A_70200AC Capital Financing (4,044,205) 1,817,936 2,226,269 (18,030,108) 3,600,142 14,429,967 (22,074,313) 5,418,078 16,656,236 (4,436,031) 1,978,898 2,457,133 (17,251,637) 3,372,867 13,878,770 (21,687,668) 5,351,765 16,335,903 386,645 (66,313) (320,333) (1.8%) (1.2%) (1.9%)(7) Allocation Subtotal 4,044,205 18,030,108 22,074,313 4,436,031 17,251,637 21,687,668 (386,645)(1.8%) Net Expenditure (revenue) after indirect allocations 0 0 0 0 0 0 0 0Page 402 of 440 2023 Water and Wastewater Schedule of Revenue and Expenditures by Object of Expenditure CSD 5-2023 Appendix 1 January 12, 2023 Notes: (1)Increases in alignment with current labour contracts and policies. Includes costs for incremental staffing resources in the Wastewater division ($0.2M). Additional incremental personnel costs of ($0.3M) proposed in the integrated systems division are included in the allocation within departments object of expenditure. (2)Includes consulting work for continued plant optimization and Niagara Falls WWTP ($0.1M) in Wastewater offset with equivalent decrease in base consulting in Asset Management division. (3)Chemical cost increases due to global supply chain challenges ($1.58M) and sludge haulage contract pricing and volume increases ($0.68M). (4)Includes reduction in hydro costs due to favourable pricing ($1M), offset by increases in natural gas and water increases ($0.2M), and cost increases for building/grounds R&M ($0.4M). (5)Increase related to R&M machinery due to aging infrasctructure and cost escalations. (6)Includes reintroduction of gross CSO program costs of $0.9M and additional development charge revenue to fund included in other revenue ($0.45M). (7)Includes enhanced capital financing net increase of $6.6M. (8)Includes increase in hauled sewage revenue due to increased volume trends ($0.1M).Page 403 of 440 CSD 5-2023 Appendix 2 January 12, 2023Forecasted Water and Wastewater Capital Financing ($Millions) Capital Financing ($M)2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Target Balance Water $24 $26 $28 $30 $32 $34 $36 $38 $41 $43 $46 $37 Wastewater $33 $38 $45 $51 $55 $63 $71 $81 $91 $102 $114 $85 Total $57 $64 $72 $81 $86 $96 $107 $119 $132 $145 $160 $122 Note - This is a capital financing forecast included in the operating budget as transfers to reserves and debt financing Page 404 of 440 Fixed Water Requisition by Municipality for 2023 Net Budget, Water Flows by Municipality, Fixed Water Requisition by Municipality CSD 5-2023 Appendix 3 January 12, 2023 Table 1 - Fixed Water Requisition by Municipality for 2023 Net Budget Municipality 3-Year Avg. (%) Allocation ($) Monthly ($) Fort Erie 7.71%$983,424 $81,952 Grimsby 5.54%$706,734 $58,894 Lincoln 4.55%$580,761 $48,397 Niagara Falls 24.43%$3,117,666 $259,806 Niagara-on-the-Lake 5.68%$724,690 $60,391 Pelham 2.69%$342,834 $28,569 Port Colborne 4.46%$569,357 $47,446 St. Catharines 25.63%$3,270,808 $272,567 Thorold 4.23%$540,316 $45,026 Welland 13.23%$1,687,966 $140,664 West Lincoln 1.85%$236,061 $19,672 Total 100.00%$12,760,616 $1,063,385 Table 2 - Water Flows by Municipality Municipality 3-Year Avg. per 2022 By-law (ML) 3-Year Avg. per 2022 By- law (%) 3-Year Avg. per 2023 By-law (ML) 3-Year Avg. per 2023 By-law (%) Fort Erie 4,130 7.48%4,257 7.71% Grimsby 3,061 5.55%3,059 5.54% Lincoln 2,412 4.37%2,514 4.55% Niagara Falls 13,623 24.68%13,496 24.43% Niagara-on-the-Lake 3,182 5.77%3,137 5.68% Pelham 1,374 2.49%1,484 2.69% Port Colborne 2,541 4.60%2,465 4.46% St. Catharines 14,340 25.98%14,159 25.63% Thorold 2,308 4.18%2,339 4.23% Welland 7,198 13.04%7,307 13.23% West Lincoln 1,022 1.85%1,022 1.85% Total 55,193 100%55,240 100% Page 405 of 440 Table 3 - Fixed Water Requsition by Municipality Municipality 2022 ($000) 2023 ($000)Difference ($000) Difference (%) Fort Erie 908 983 75 8.31% Grimsby 673 707 34 5.01% Lincoln 530 581 51 9.58% Niagara Falls 2,994 3,118 124 4.13% Niagara-on-the-Lake 699 725 26 3.68% Pelham 302 343 41 13.52% Port Colborne 558 569 11 2.04% St. Catharines 3,152 3,271 119 3.77% Thorold 507 540 33 6.57% Welland 1,582 1,688 106 6.70% West Lincoln 225 236 11 4.92% Total 12,129 12,761 631 5.20% Page 406 of 440 CSD 5-2023 Appendix 4 January 12, 2023 Flows in ML 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Projected Flows for Rate Setting 59,067 59,067 58,613 57,000 57,000 57,000 57,250 57,250 57,250 57,250 57,250 Actual Flows 56,896 56,474 57,622 58,800 56,986 58,491 55,458 55,517 54,065 56,525 N/A Variance -2,171 -2,593 -991 1,800 -14 1,491 -1,792 -1,733 -3,185 -725 N/A Water Volume Analysis The 2022 actual flows are estimated to finish the year approximately 1.3% lower than projected flows. The forecasted water usage in 2022 is estimated to total 56,525 ML. The water volume forecast for 2023 has been prepared giving consideration to historical trends and current considerations with no change being proposed from 2022. The volume forecast for 2023 is above the 3-year and 5-year calendar average of 55,369 ML and 56,011 ML, respectively. 2018 flows represent more typical summer weather years. 2016 experienced drought conditions during the summer. 2017 and 2019 experienced very wet summers. The 2020 flows were impacted by a dry summer and COVID-19 shutdowns. The 2021 flows were impacted by a combination of a wet spring/summer and continued COVID-19 related shutdowns through the year. 2022 forecasted flows have increased compared to 2020 and 2021 due to fewer COVID-19 related shutdowns and dry summer conditions. The 2023 estimate reflects no change over previous year's projection. COVID-19 volatility may continue into 2023 dependent on the pandemic conditions. Variation in water flows may also be experienced as a result of: capital repairs to address water loss at Region and Local levels, growth in user base, and increased conservation efforts.Page 407 of 440 Fixed Wastewater Requisition by Municipality for 2023 Net Budget, Wastewater Flows by Municipality and Fixed Requisition by Municipality CSD 5 - 2023 Appendix 5 January 12, 2023 Table 1 - Fixed Wastewater Requisition by Municipality for 2023 Net Budget Municipality 3-Year Avg. (%) Allocation ($) Monthly ($) Fort Erie 10.16%$9,366,476 $780,540 Grimsby 3.87%$3,566,934 $297,244 Lincoln 4.27%$3,938,311 $328,193 Niagara Falls 18.37%$16,929,345 $1,410,779 Niagara-on-the-Lake 4.04%$3,726,854 $310,571 Pelham 1.98%$1,822,618 $151,885 Port Colborne 5.48%$5,052,570 $421,047 St. Catharines 28.84%$26,576,034 $2,214,670 Thorold 6.34%$5,841,384 $486,782 Welland 14.83%$13,666,125 $1,138,844 West Lincoln 1.80%$1,662,909 $138,576 Total 100.00%$92,149,561 $7,679,130 Table 2 - Wastewater Flows by Municipality Municipality 3-Year Avg. per 2022 By-law (ML) 3-Year Avg. 2022 By-law per (%) 3-Year Avg. 2023 By-law per (ML) 3-Year Avg. 2023 By-law per (%) Fort Erie 7,436 10.37%7,086 10.16% Grimsby 2,869 4.00%2,699 3.87% Lincoln 2,772 3.87%2,980 4.27% Niagara Falls 13,051 18.21%12,808 18.37% Niagara-on-the-Lake 2,803 3.91%2,820 4.04% Pelham 1,348 1.88%1,379 1.98% Port Colborne 4,232 5.90%3,823 5.48% St. Catharines 21,033 29.34%20,106 28.84% Thorold 4,188 5.84%4,419 6.34% Welland 10,669 14.88%10,339 14.83% West Lincoln 1,280 1.79%1,258 1.80% Total 71,680 100%69,717 100%Page 408 of 440 Fixed Wastewater Requisition by Municipality for 2023 Net Budget, Wastewater Flows by Municipality and Fixed Requisition by Municipality CSD 5 - 2023 Appendix 5 January 12, 2023 Table 3 - Fixed Wastewater Requisition by Municipality Municipality 2022 ($000) 2023 ($000) Difference ($000) Difference (%)1 Fort Erie 8,646 9,366 721 8.33% Grimsby 3,336 3,567 231 6.92% Lincoln 3,223 3,938 715 22.20% Niagara Falls 15,174 16,929 1,755 11.57% Niagara-on-the-Lake 3,259 3,727 468 14.36% Pelham 1,567 1,823 256 16.33% Port Colborne 4,921 5,053 132 2.68% St. Catharines 24,455 26,576 2,121 8.67% Thorold 4,869 5,841 972 19.97% Welland 12,404 13,666 1,262 10.17% West Lincoln 1,488 1,663 175 11.77% Total 83,341 92,150 8,808 10.57% Note: (1) Municipalities with increases above the average are generally the municipalities that have the highest assessment growth, meaning that average impact to be expect by the average user will be less than the percentage change noted in the requisition due to the relative increase in the number of users (i..e, properties).Page 409 of 440 2021 By-Law WW Requisition, 2021 Fixed WW Requisition Including Reconciliation by Municipality, WW Reconciliation for 2021 Included in 2023 Requisition by Municipality CSD 5-2023 Appendix 6 January 12, 2023 Table 1 - Wastewater Flows by Municipality Municipality Prior 3 yr. Avg.12021 By-Law Period Actual Flows Fort Erie 7,712 7,051 Grimsby 3,308 2,308 Lincoln 2,892 2,763 Niagara Falls 14,069 12,297 Niagara-on-the-L 3,050 2,571 Pelham 1,378 1,349 Port Colborne 4,590 3,698 St. Catharines 21,966 19,053 Thorold 3,987 4,544 Welland 10,962 10,253 West Lincoln 1,303 1,226 Total 75,218 67,111 Table 2 - Wastewater Fixed Allocation Percentages Municipality Prior 3-Yr Avg 12021 By-Law Period Actual Flows Difference Fort Erie 10.3%10.5%0.3% Grimsby 4.4%3.4%-1.0% Lincoln 3.8%4.1%0.3% Niagara Falls 18.7%18.3%-0.4% Niagara-on-the-L 4.1%3.8%-0.2% Pelham 1.8%2.0%0.2% Port Colborne 6.1%5.5%-0.6% St. Catharines 29.2%28.4%-0.8% Thorold 5.3%6.8%1.5% Welland 14.6%15.3%0.7% West Lincoln 1.7%1.8%0.1% Total 100.0%100.0%0.0%Page 410 of 440 2021 By-Law WW Requisition, 2021 Fixed WW Requisition Including Reconciliation by Municipality, WW Reconciliation for 2021 Included in 2023 Requisition by Municipality CSD 5-2023 Appendix 6 January 12, 2023 Table 3 - Wastewater Fixed Allocation Charge Reconciliation ($000) Municipality Prior 3-Yr Avg Billed1,2 12021 By-Law Period Actual Flows Underpayment / (Overpayment) 3 Fort Erie $ 8,074 $ 8,274 $200 Grimsby 3,463 2,707 (756) Lincoln 3,027 3,241 214 Niagara Falls 14,729 14,428 (301) Niagara-on-the-L 3,193 3,016 (177) Pelham 1,443 1,582 140 Port Colborne 4,805 4,339 (466) St. Catharines 22,996 22,356 (640) Thorold 4,173 5,331 1,158 Welland 11,476 12,030 554 West Lincoln 1,364 1,438 74 Total $ 78,744 $ 78,744 $0 Sum of Overpayment: Percentage of Requisition (2,340) 2.97% Notes: 1. 2021 By-Law period consists of the 12 month period from January 2021 to December 2021. 2. Charges paid excluded payments made/rebates received for 2019 reconciliation. 3. Underpayments/(Overpayments) based on comparing 2 difference allocation methodologies (3-yr average vs. actual flows during By-law period).Page 411 of 440 2021 By-Law WW Requisition, 2021 Fixed WW Requisition Including Reconciliation by Municipality, WW Reconciliation for 2021 Included in 2023 Requisition by Municipality CSD 5-2023 Appendix 6 January 12, 2023 Table 4 - Fixed Wastewater Requisition Including Reconciliation by Municipality Comparison Municipality Requisition 2022 By-law ($000) Requisition 2023 By-law ($000) Reconciliation 2022 By-law (2020 Rec.) ($000) Reconciliation 2023 By-law (2021 Rec.) ($000) Total Charge 2022 By-law ($000) Total Charge 2023 By-law ($000) Difference ($000) Difference (%) Fort Erie 8,646 9,366 101 200 8,747 9,566 820 9.37% Grimsby 3,336 3,567 (851)(756) 2,485 2,811 326 13.13% Lincoln 3,223 3,938 91 214 3,314 4,152 839 25.32% Niagara Falls 15,174 16,929 (1,579)(301) 13,595 16,629 3,034 22.31% Niagara-on-the-Lake 3,259 3,727 (166)(177) 3,093 3,550 457 14.79% Pelham 1,567 1,823 120 140 1,687 1,962 276 16.35% Port Colborne 4,921 5,053 47 (466) 4,967 4,586 (381)-7.67% St. Catharines 24,455 26,576 996 (640) 25,451 25,936 485 1.91% Thorold 4,869 5,841 614 1,158 5,483 6,999 1,516 27.65% Welland 12,404 13,666 420 554 12,824 14,221 1,397 10.89% West Lincoln 1,488 1,663 209 74 1,697 1,737 40 2.36% Total 83,341 92,150 -- 83,341 92,150 8,808 10.57% Table 5 - 2021 Wastewater Reconciliation by Municipality Municipality Reconciliation ($)Monthly Rebate ($) Monthly Payment ($) Fort Erie 199,883 16,657 Grimsby (755,933)(62,994) Lincoln 214,123 17,844 Niagara Falls (300,650)(25,054) Niagara-on-the-L (176,778)(14,732) Pelham 139,701 11,642 Port Colborne (466,317)(38,860) St. Catharines (639,952)(53,329) Thorold 1,157,631 96,469 Welland 554,416 46,201 West Lincoln 73,876 6,156 Total -(194,969) 194,969 Page 412 of 440 WWW Identified Staffing Resource Needs CSD 5 -2023 Appendix 7 January 12, 2023 Position FTE Rationale for Position SCADA Technicians 2 Industry standards of increased automation, number of facilities to be covered by non-localized staff and increased workload (including support for Capital Projects and waste management facilities) require increased staffing complement. Security Program Manager 1 Required to develop the Security Program, Capital Works Security Program and execute the W-WW Security Master Plan. W-WW Technical PM - SCADA 1 To support delivery of assigned capital projects to upgrade and design and build control panels for automation projects. Senior Project Manager - Area 2 1 To support increased PM workload for capital works over the next ten years as outlined in both the AMP and W-WW MSP. Manager - Asset Information System 1 To enable a more focused asset lifecycle information system including the implementation of data & information-driven planning processes. Manager -Capital Planning 1 To support the Asset Management Section with the development, implementation and operation of its AM framework and decision- making processes that define the management of physical assets owned/operated by W-WW. Program Manager - Area 2 1 To support Area 2, specifically advancing the divisions capability to implement, operate and optimize asset management. The position will also be responsible for managing the Telecom revenue program with hopes to increase revenues Process Technologists 2 To improve current processes through the implementation of process optimization studies, monitoring chemical consumption, sludge generation, wastewater parameters, and key process parameters to develop site-specific operational guidance. The goal is to create consumption savings in electricity, chemicals and sludge haulage. Environmental Sampling Technician 1 To alleviate sampling workload currently being done by Environmental Enforcement Officers. This supports the Sewer surcharge program and Hauled Sewage Programs which require extensive sampling and could be offset with increased revenues. Page 413 of 440 Position FTE Rationale for Position To move towards a preventative/performance-based maintenance model. This includes prioritization of digester/storage tank cleanouts, replacement of major mechanical/biogas equipment, HVAC and Blower change outs, boiler maintenance & minor structural repairs to Manager - Major Maintenance 1 concrete tanks. Two members per Operating Area. Positions will provide inspection, preventative maintenance/repair services to all pumping stations, forcemains, odour control facilities and CSO tanks. This will help Pump Station/Linear Infrastructure minimize risks of basement flooding, forcemain breaks, pump breaks, team members 4 and non-compliance issues. 16 Page 414 of 440 BillNo.2023-02 Authorization Reference:BRCOTW 2-2023 Minute Item 5.1 THE REGIONAL MUNICIPALITY OF NIAGARA BY—LAWNO.2023—O2 A BY—LAWTO ADOPT THE 2023 WASTE MANAGEMENT BUDGET FOR THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS subsection 289 (1)of the Municipal Act,2001,S.O.2001,c.25,as amended, requires that an upper—tiermunicipality shall in each year prepare and adopt a budget; and, WHEREAS the Council of the Regional Municipality of Niagara adopted its 2023 Waste Management Budget as described herein. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1.That the 2023 Waste Management Gross Operating Budget of $63,451,982 and Net Operating Budget of $45,167,763 be and hereby adopted. 2.That the 2023 budgeted net waste management operating budget be apportioned to the lower-tier municipalities as follows: Municipality 2023 Net Budget Allocation ($) Fort Erie 3,426,174 Grimsby 2,521,716 Lincoln 2,139,237 Niagara Falls 8,928,472 Niagara—on—the—Lake 1,952,217 Pelham 1,578,321 Port Colborne 2,225,755 St.Catharines 13,445,037 Thorold 2,064,279 Wainfleet 681,550 Welland 5,043,028 Total 45,167,763Page1of2Page 415 of 440 Bill No.2023-02 Authorization Reference:BRCOTW 2-2023 Minute Item 5.1 _ 3.That this by—|awshall come into force and effect on the day upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA on» James dley,Re 'air A‘rln-MarieNorio,Regional Clerk Passed:January 19,2023 Page 2 of 2Page 416 of 440 BillNo.2023-03 Authorization Reference:BRCOTWN2~2023 'Minute Item 5.2 THE REGIONAL MUNICIPALITY OF NIAGARA BY—LAWNO.2023-03 A BY—LAWTO ADOPT THE 2023 WATER BUDGET AND TO SET THE REQUISITION TO BE CHARGED FOR WATER SUPPLIED TO LOWER-TIER MUNICIPALITIES FOR THE PERIOD JANUARY 1, 2023 TO DECEMBER 31,2023 WHEREAS Section 11 of the Municipal Act,2001,S.O.2001,c.25,provides that a municipality may pass by—|aws respecting services and things that the municipality is authorized to provide; WHEREAS section 390 of the Municipal Act,2001,S.O.2001,c.25,provides that the definition of a person includes a municipality; WHEREAS section 391 of the Municipal Act,2001,S.O.2001,c.25,provides that a municipality is authorized to impose fees or charges on persons for costs payable by it for services or activities provided or done by or on behalf of any other municipality;and WHEREAS water supplied to the lower—tiermunicipalities is a service provided by The Regional Municipality of Niagara on behalf of the lower—tiermunicipalities within the Niagara Region. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1.That the 2023 Water Gross Operating Budget of $51,482,957 and Net Operating Budget of $51 ,042,464 be and hereby is adopted. 2.That 75%of the Net Operating Budget,$38,281,848 be recovered from the lower- tier municipalities based on actual metered water flows multiplied by the Region’s annually set uniform water rate. 3.That the rate payable by the lower—tiermunicipalities for treated meter supplied to each lower—tiermunicipality for the period of January 1,2023 toDecember1,2023.Page 1 of 3Page 417 of 440 Bill No.2023-03 Authorization Reference:BRCOTTN 2-2023 Minute Item 5.2 4.That 25%of the Net Operating Budget,$12,760,616 be apportioned to the lower- tier municipalities based on their proportionate share of the Region's total three year average historical flows. 5.That the lower—tier municipalities be requisitioned during the period January 1, 2023 to December 31,2023 as follows: Municipality 3-Year Allocation ($)Monthly ($) Avg.(%) Fort Erie 7.71%$983,424 $81,952 Grimsby 5.54%$706,734 $58,894 Lincoln 4.55%$580,761 $48,397 Niagara Falls 24.43%$3,117,666 $259,806 Niagara—on-the—Lake 5.68%$724,690 $60,391 Pelham 2.69%$342,834 $28,569 Port Colborne 4.46%$569,357 $47,446 St.Catharines 25.63%$3,270,808 $272,567 Thorold 4.23%$540,316 $45,026 Welland 13.23%$1,687,966 $140,664 West Lincoln 1.85%$236,061 $19,672 Total 100.00%$12,760,616 $1,063,385 6.That the Treasurer of the Regional Corporation shall submit similar invoices on or before the 15th day of each month commencing February 15,2023 for the monthly requisition.Such monthly invoices shall continue thereafter until the December monthly requisition has been invoiced.Each lower—tiermunicipality shall remit the amount of each such invoices to the Treasurer of the Regional Corporation on or before the last business date of the month in which such invoice is submitted. 7.That in the event of default of payment of any monies payable under this by—law by a lower—tiermunicipality,interest at the rate of 15 per cent per annum shall be added to the amount in arrears from the date of default until the date of payment thereof. Page 2 of 3Page 418 of 440 Bill No.2023-03 Authorization Reference:BRCOTWN2-2023 ‘Minute Item 5.2 8.That this by-law shall come into force and effect on the clay upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA setJamesadley,Regio hair ,_////7 \~ Ann-arie Norio,Regional Clerk Passed:January 19,2023 Page 3 of 3Page 419 of 440 Bill No.2023-04 Authorization Reference:BRCOT\N 2-2023 Minute Item 5.2 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO.2023-04 A BY-LAW TO SET THE REQUISITIONS TO BE CHARGED FOR WASTEWATER RECEIVED FROM THE LOWER—TlERMUNICIPALITIES FOR THE PERIOD OF JANUARY 1,2023 TO DECEMBER 31, 2023 WHEREAS section 11 of the Municipal Act,2001,S.O.2001,c.25,provides that a municipality may pass by—Iawsrespecting services and things that the municipality is authorized to provide; WHEREAS section 390 of the Municipal Act,2001,S.O.2001,c.25,provides that the definition of a person includes a municipality; WHEREAS section 391 of the Municipal Act,2001,S.O.2001,c.25,provides that a municipality is authorized to impose fees or charges on persons for costs payable by it for services or activities provided or done by or on behalf of any other municipality; WHEREAS wastewater received from the lower-tier municipalities is a service provided by the Regional Municipality of Niagara on behalf of the lower-tier municipalities within the Niagara Region;and WHEREAS the Council of the Regional Municipality of Niagara passed By-Law No.119- 2011 which indicated that,consistent with the wastewater reconciliation methodology described in PWA 87-2011,a reconciliation adjustment will commence with the 2013 Budget. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1.That the 2023 Wastewater Gross Operating Budget of $95,835,980 and Net Operating Budget of $92,149,561 be and hereby is adopted. lower-tier municipalities based on their proportionate share of the Region’s totalthreeyearaveragehistoricalwastewaterflows.3.That the 2023 wastewater bills also include reconciliation of the 2021 netrequisitionallocatedbasedonactualwastewaterflowsversustheestimatedflows.Page 1 of 3Page 420 of 440 Bill No.2023-04 Authorization Reference:BRCOTTN 2-2023 Minute ltem 5.2 4.That the lower-tier municipalities be requisltioned during the period Janaury 1, 2023 to December 31,2023 as follows: Municipality 2023 Net 2021 Total ($)Monthly ($) Budget Reconciliation Allocation ($) Fort Erie $9,366,476 199,883 $9,566,359 $797,197 Grimsby $3,566,934 (755,933)$2,811,001 $234,250 Lincoln $3,938,311 214,123 $4,152,434 $346,036 Niagara Falls $16,929,345 (300,650)$16,628,695 $1,385,725 Niagara-on-the- Lake $3,726,854 (176,778)$3,550,076 $295,840 Pelham $1,822,618 139,701 $1,962,319 $163,527 Port Colborne $5,052,570 (466,317)$4,586,253 $382,188 St.Catharines $26,576,034 (639,952)$25,936,082 $2,161,340 Thorold $5,841,384 1,157,631 $6,999,015 $583,251 Welland $13,666,125 554,416 $14,220,541 $1,185,045 West Lincoln $1,662,909 73,876 $1,736,785 $144,732 Total $92,149,561 —$92,149,561 $7,679,130 5.That the Treasurer of the Regional Corporation sha I submit similar invoices on or before the 15th day of each month commencing February 15,2023 forthe monthly requisition.Such monthly invoices shall continue thereafter until December monthly requisition has been invoiced.Each lower—tiermunicipality shall remit the amount on each such invoice to the Treasurer of the Regional Corporation on or before the last business day of the month in which such invoice is submitted 6.That in the event of default of payment of any monies payable under this by—|aw by the |ower—tier municipality,interest at the rate of 15 per cent per annum shall be added to the amount in arrears from the date of default until the date of payment thereof.i i E i. 3 E l i Page 2 of 3Page 421 of 440 Bill No.2023-04 Authorization Reference:BRCOTWN2-2023 Minute Item 5.2 7.That this by-law shall come into force and effect on the day upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA James <?;$fyERegionaair ,?//7<~—» ‘Ann-MarieNorio,Regional Clerk Passed:January 19,2023 Page 3 of 3Page 422 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 07-02-2023-01 Sunday, February 05, 2023 9.1 Niagara Region Correspondence Council, Well what possible comments can you make when your being told. Perhaps just make sure you don't default ... Page 423 of 440 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 424 of 440 234-2023-285 January 24, 2023 Your Worship Mayor Jim Diodati City of Niagara Falls Dear Mayor Diodati, Our government has a strong mandate to help more Ontarians find a home that meets their needs and budget. We are committed to building 1.5 million homes over the next 10 years to address the housing supply crisis. The Streamline Development Approval Fund (SDAF) is an important part of our tool kit to support municipal partners so that that much-needed housing can get built faster. We understand the challenges of completing multi-faceted projects to streamline development approvals and the importance of getting this work done. That is why our government approved an extension to the SDAF project completion deadline from February 28, 2023 to November 1, 2023. This will help to ensure municipalities can complete projects and benefit from the full allocation available under the program. We have a housing supply crisis and all of us need to work together to increase supply and make housing more affordable for hardworking Ontarians. Ministry staff will forward instructions and an amending transfer payment agreement in the coming days. Municipal staff are welcome to contact municipal.programs@ontario.ca with any questions. Thank you for your participation in the SDAF program and your commitment to streamlining approvals so that Ontario can build the housing we need. Sincerely, Steve Clark Minister c. Jason Burgess, CAO Jonathan Leavens, Treasurer Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000 Page 425 of 440 - 2 - Bill Matson, City Clerk K Dolch, Director of Planning and Building Development Sam Valeo, Director of Building and Enforcement Page 426 of 440 Community Services Legislative Services January 25, 2023 File #120203 The Honourable Chrystia Freeland Deputy Prime Minister and Minister of Finance House of Commons Ottawa, ON K1A 0A6 Chrystia.freeland@fin.gc.ca chrystia.freeland@parl.gc.ca The Honourable Steven Guilbeault Minister of Environment and Climate Change House of Commons Ottawa, ON K1A 0A6 Minister-minister@ec.gc.ca Steven.Guilbeault@parl.gc.ca Honourable Dear Madam and Dear Sir: Re: Great Lakes and St. Lawrence Cities Initiative – Freshwater Health Campaign The Municipal Council of the Town of Fort Erie at its meeting of January 23, 2023 passed the following resolution: Whereas the Town of Fort Erie, as a member of the Great Lakes and St. Lawrence Cities Initiative, supports: protecting source water, planning for climate change impacts and shoreline resilience, ensuring safe and affordable water services for all our residents, and building up a sustainable blue economy in the Great Lakes and St. Lawrence River Basin, and Whereas ensuring healthy communities and a strong economy for Canadians depend on securing Canada’s source water, which includes addressing water quality issues, contaminants and pollution, supporting biodiversity and reversing wetland and fish and wildlife habitat loss and improving community knowledge to empower citizens to safeguard this essential resource, and Whereas a Freshwater Action Plan and the Great Lakes Protection Initiative it supported were first announced in the 2017 Canadian federal budget with a $44.84 million investment over five years, and Whereas the Freshwater Action Plan has combined science and action to address priorities in the Great Lakes such as preventing toxic and nuisance algae, enhancing the resilience of ….2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 427 of 440 The Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance The Honourable Steven Guilbeault, Minister of Environment and Climate Change Page two coastal wetlands in the Great Lakes, restoring Great Lakes Areas of C oncern and supporting Canada’s commitments under the Great Lakes Water Quality Agreement, among other priorities, and Whereas a commitment was made by the Liberal Party of Canada in the 2021 federal election to strengthen the Freshwater Action Plan with an historic investment of $1 billion over ten years to restore and protect large lakes and river systems starting with the Great Lakes and St. Lawrence River Basin, and Whereas the federal government only committed $19.6 million in funding in the 2022 Budget for the Freshwater Action Plan, falling short of the aforementioned commitment, and Whereas the United States has invested $1.8 billion in the Great Lakes Restoration Initiative (GLRI) since 2017 and will see accelerated funding with the Infrastructure Investment and Jobs Act, and Whereas a 2018 University of Michigan study shows that for every dollar of federal spending on GLRI projects between 2010 and 2016, yielded $3.35 in additional economic activity, and Whereas nearly half of Canada’s population lives in the Great Lakes and St. Lawrence River Basin, a region that will continue to see accelerated growth, resulting in greater land and resource use pressures that will further contribute to water availability and quality issues, and Whereas the Stockholm Resilience Centre recently identified the importance of wetlands as carbon sinks and fresh water’s role in climate mitigation, and Whereas the Great Lakes-St. Lawrence Collaborative outlined 30 recommendations to Environment and Climate Change Canada as part of a ten-year, $2.2 billion Action Plan 2020- 2030 to protect the Great Lakes and St. Lawrence (Action Plan 2020-2030), addressing shoreline erosion, outdated infrastructure, invasive species, exposure to toxins and beach contamination, following an 18-month consultation with First Nations, NGOs, academics and other experts, and Whereas the recommendations outlined in Action Plan 2020-2030 should serve as the basis of programming for strengthened federal action in the Great Lakes and St. Lawrence River Basin through its strengthened Freshwater Action Plan, and Whereas the newly established Canada Water Agency should play a role in accelerating the rollout of funding made available through a strengthened Freshwater Action Plan, and Whereas Freshwater Action Plan funding should largely be directed to community groups, local governments and First Nations to ensure that investments made will have the biggest local impact and empower action at the local level, rather than being held back for federal administration and operations, and …./3 Page 428 of 440 The Honourable Chrystia Freeland, Deputy Prime Minister and Ministe r of Finance The Honourable Steven Guilbeault, Minister of Environment and Climate Change Page three Whereas it is critical to implement a strengthened Freshwater Action Plan, including accelerating a $1 billion over five years, and to creating a Canada Water Agency to consolidate and coordinate federal water efforts and support provinces and territories in addressing systemic issues impacting the viability of the Great Lakes and St. Lawrence River Basin and the communities dependent upon the region’s source water; Now therefore be it resolved, That: The Town of Fort Erie calls on the federal government to: • Commit $1 billion in funding over five years for a strengthened Freshwater Action Plan in Budget 2023, and further • Guide its Freshwater Action Plan funding to implement recommendations in the Action Plan 2020-2030 • Direct priority funding under the strengthened Freshwater Action Plan to projects in the Great Lakes and St. Lawrence River Basin. • Make municipalities eligible for future funding in programs announced under the strengthened Freshwater Action Plan, and further That: The Town of Fort Erie directs its staff to submit this resolution to the Federal Deputy Prime-Minister and Minister of Finance; the Minister of Environment and Climate Change; the Parliamentary Secretary to the Minister of Environment and Climate Change (responsible for the Canada Water Agency), and Niagara Members of Parliament, Local Area Municipalities in Niagara and the Niagara Region. Thank you for your consideration. Yours very truly, Carol Schofield, Dipl.M.A. Manager, Legislative Services/Clerk cschofield@forterie.ca CS:dlk c.c. Terry Duguid, Parliamentary Secretary to the Minister of Environment and Climate Change terry.duguid@parl.gc.ca Dean Ellison, MP, Niagara West dean.allison@parl.gc.ca Chris Bittle, MP - St. Catharines Chris.Bittle@parl.gc.ca Vance Badaway, MP - Niagara Centre Vance.Badawey@parl.gc.ca Tony Baldinelli, MP, Niagara Falls tony.baldinelli@parl.gc.ca Local Area Municipalities Niagara Region Page 429 of 440 Page 1 of 2 Memo To: Mayor James Diodati, Members of Niagara Falls City Council From: Tiffany Clark, Director of Finance Date: February 7, 2023 Re: Niagara Falls Hydro Holding Corporation Update to the Shareholder RECOMMENDATION THAT this information be listed as Correspondence and that Council receive the information regarding the decisions of the Niagara Falls Hydro Holding Corporation Board from January 16, 2023. EXECUTIVE SUMMARY Niagara Falls Hydro Holding Corporation (“NFHHC”) is wholly owned by the City of Niagara Falls. The following is information for the shareholder, relating to decisions made by the Niagara Falls Hydro Holding Corporation Board at it’s January 17, 2023 Board meeting relating to Niagara Falls Ryerson Innovation Hub and Corporate record keeping. BACKGROUND Niagara Falls Ryerson Innovation Hub The NFHHC held a Board meeting on January 16, 2023. During this meeting the Board received a presentation Dan Bordenave, Acting CEO of Spark Innovation Educational Center Inc. (“SIECI”) relating to the Niagara Falls Ryerson Innovation Hub (“NFRIH”). The NFHHC is one of two members of the non share capital corporation SIECI. With the four (4) year FedDev grant between the City of Niagara Falls and the NFRIH coming to an end on March 31, 2023, ending the City of Niagara Falls Commitment, SIECI approached NFHHC for bridge funding from April 1, to December 31, 2023 of $550,000. This represents a scaled down budget from the previous grant funded budget to pay for reduced staffing, rent, technology & community events. During 2023, SIECI will be applying for further grant funding from the Federal Government, which if successful, would take effect in the 2024 year. The NFHHC Board approved the funding request of $550,000 for the period of April 1, 2023 to December 31, 2023. SIECI will bring an update on the results of the FedDev Grant to Council in late Q1 2023. Page 430 of 440 Page 2 of 2 Other Matters A memo was distributed to the Board regarding the Corporate Record keeping, outlining the steps to update the Corporate records and further indicating that the Legal Department of the City of Niagara Falls will now assume the management of the Corporate records. Page 431 of 440 1 Michael Stewart From:Bill Matson Sent:Wednesday, February 1, 2023 12:25 PM To:Michael Stewart Cc:Heather Ruzylo Subject:FW: [EXTERNAL]-Letter of Municipal Signifigance Follow Up Flag:Follow up Flag Status:Flagged Communications item: Special Occasion Permit Request – 2023 Niagara I Heart Beer & Taco Festival Organizers of the event are looking to Council for a letter of Municipal Significance for this festival taking place at the Niagara Convention Centre on Saturday March 25, 2023 from 4:00 p.m. to 10:00 p.m. With Council declaring the event as “municipally significant”, this will assist the organizers with obtaining a Special Occasion permit from the AGCO. RECOMMENDATION: That Council declare the 2023 Niagara I Heart Beer & Taco Festival as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. From: Brewery Wrangler <tiffany@iheartbeer.ca> Sent: Monday, January 30, 2023 1:45 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Re: [EXTERNAL]-Letter of Municipal Signifigance Good Afternoon Bill, I am looking for a letter of Municipal Significance for an event we are running in Niagara indoors at Niagara Conference Centre March 25th, 2023 from 4PM-10PM. We have run this event in the past in other cities and are excited to bring it to Niagara. Can you let me know what you need from me to get this done? Thanks so much :) Cheers, Tiffany Brewery Wrangler & I Beer Festival Manager Owner of The Travelling Pint Founder Iron Beer Maidens Host of Brantford's Best Game Show Page 432 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 02-07-2023-07 Sunday, February 05, 2023 Mayor Diodati and Councilor Strange comments concerning 15,000 students Report Council, During the December 13, 2022 meeting Mayor Diodati and Councilor Strange collectively stated that 15,000 students and faculty were going to be living and working in the downtown. It is important that this council as respected officials and representatives of the City of Niagara Falls refrain from making speculative statements that may mislead residents (Elon Musk's twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council each meeting to update the progress of the claim. It has been 54 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown, it remains false. The current occupancy as researched is 0. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 433 of 440 Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 434 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 02-07-2023-05 Sunday, February 05, 2023 City of Niagara Falls Affordable Housing Update Report Every day, Council Members (November 15, 2022) Every day that brings us closer to October 26, 2026 (the end of your term in office), Every day that no affordable housing is created by this Council is one more failure, 84 days Council Members, 84 failures ... Page 435 of 440 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 436 of 440 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 02-07-2023-06 Sunday, February 05, 2023 Mayor Diodati comments concerning Development Downtown Report Council, On December 31, 2021 a Niagara Falls Review news article was published with Mayor Jim Diodati stating ... “You’re going to start to see high-rise, residential apartments and condos being built in our downtown. You’re going to start to see cranes in the downtown. That’s what’s missing downtown. You need people living there, then you’ll need a grocery store for people living there to buy their food" It is important that the Mayor chooses his words carefully, as a respected official and representative of the City of Niagara Falls making speculative statements may mislead residents (Elon Musk's twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council each meeting to update the progress of the claim. It has been 403 days since Mayor Diodati made that claim, it remains false. Their are currently no high-rise, residential apartments and condos, cranes or grocery stores being built in our downtown. News article link (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for-falls- downtown-university-could-come-this-spring-diodati.html) Page 437 of 440 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 438 of 440 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 010 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street East 33 metres southeast of Lorne Street and A point 39 metres southeast of Lorne Street At All Times This By-law shall come into force when the appropriate signs are installed. Passed this seventh day of February, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 7, 2023 Second Reading: February 7, 2023 Third Reading: February 7, 2023 Page 439 of 440 CITY OF NIAGARA FALLS By-law No. 2023 – 011 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7th day of February, 2023. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 7th day of February, 2023 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and t o affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 7th day of February, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 440 of 440