12-12-2023
AGENDA
City Council Meeting
1:00 PM - Tuesday, December 12, 2023
Council Chambers/Zoom App.
All Council Meetings are open to the public
in person, in Council Chambers or watched
virtually.
All electronic meetings can be viewed on
this page, the City of Niagara Falls YouTube
channel, the City of Niagara Falls Facebook
page, along with YourTV Niagara.
Page
1. CALL TO ORDER
O Canada: Reese Paterson (Singing live in Chambers)
Land Acknowledgement and Traditional Indigenous Meeting Opening
2. ADOPTION OF MINUTES
2.1. Council Minutes of November 14, 2023
City Council - 14 Nov 2023 - Minutes - Pdf
15 - 29
2.2. Council Minutes of November 28, 2023 (Special Council Meeting
- Budget)
Special City Council Meeting (Capital & Parking Budgets) - 28
Nov 2023 - Minutes - Pdf
30 - 34
3. DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
5. DEPUTATIONS / PRESENTATIONS
All speakers are reminded that they have a maximum of 5 minutes to
make their presentation.
5.1. PBD-2023-83 (Presentation added)
Agreement Renewal - Niagara SPCA & Humane Society
35 - 74
Page 1 of 679
John Greer, General Manager from the SPCA, will provide a
presentation to Council.
Gerald Spencer, Manager of Municipal Enforcement Services,
will be in attendance virtually to add comments, if necessary.
PBD-2023-83 - Pdf
Presentation - NSPCA Introduction Dec 2023
5.2. PBD-2023-82
Planning Services Fee Review
Sean-Michael Stephen, consultant from Watson and Associates
Economists Ltd., will be making a presentation before Council.
PBD-2023-82 - Pdf
Presentation (Consultant) Niagara Falls Council Presentation
Updated - Client Copy
75 - 137
5.3. F-2023-37
Mayor's Proposed Draft 2024 Water and Wastewater Budgets
Tiffany Clark, Director of Finance, will provide the 2024 Water
and Wastewater Budget presentation to Council.
Adam Allcock, Senior Manager of Water and Wastewater will be
in attendance to respond to Council questions if needed.
F-2023-37 Mayor's Proposed Draft 2024 Water and Wastewater
Budgets - Pdf
2024 Water and Wastewater Budget Presentation
138 - 184
6. IN CAMERA SESSION OF COUNCIL
6.1. In-Camera Resolution (for January 15, 2024 In-camera session)
Jan 15 2024 - Resolution to go In-Camera
185
6.2. In-Camera Resolution (for December 12, 2023)
December 12, 2023 - Resolution to go In-Camera
186
Page 2 of 679
7. REPORTS
7.1. CAO-2023-07
Land Acknowledgement - Legal Opinion
CAO-2023-07 - Pdf
187 - 189
7.2. F-2023-30
2024 Schedule of Fees
F-2023-30 2024 Schedule of Fees - Pdf
190 - 247
7.3. F-2023-38
Debenture Financing For Adopted 2024 Capital Budget
F-2023-38 - Debenture Financing For Adopted 2024 Capital
Budget - Pdf
248 - 258
7.4. FIR-2023-03
Total Solar Eclipse Update #1 - April 8, 2024
It is recommended:
THAT Council receive and file report FIR-2023-03.
FIR-2023-03 - Pdf
259 - 261
7.5. L-2023-23
Moving Towards an Administrative Monetary Penalties
System (AMPS) for Non-Parking Matters
L-2023-23 - Pdf
262 - 287
7.6. MW-2023-36
Water, Wastewater, Storm Sewer, and Streetlighting Locates
Contract Extension
It is recommended:
THAT Niagara Falls City Council authorize Staff to extend the
contract with Ontario Utility Locates Inc. of Niagara Falls, Ontario
for six months for the provision of Public Utility Locating Services
for City-owned water, wastewater, storm sewer and streetlighting
infrastructure as required by Provincial Legislation.
MW-2023-36 - Pdf
288 - 290
Page 3 of 679
7.7. PBD-2023-79
26CD-11-2023-005
Draft Approval Vacant Land of Condominium
Vacant Land – Dorchester Road (PID-347942)
Roll Number: 272511000102704
Applicant: G & G Developments Inc. (Guy Pellegrino)
Agent: Peter Lesdow
PBD-2023-79 - Pdf
291 - 308
7.8. PBD-2023-80
26CD-11-2023-006
Draft Plan of Vacant Land Condominium Approval
5500 Marineland Parkway & Abutting Vacant Lands
Applicant: Marina (Thundering Waters) Developments Inc.
Agent: NPG Planning Solutions Inc. (Mary Lou Tanner)
PBD-2023-80 - Pdf
309 - 332
7.9. PBD-2023-81
26CD-11-2022-006 – Draft Plan of Vacant Land Condominium
3770 Montrose Road
Applicant: Cassone Dwellings (BT) Inc. (Brandon Rossi)
It is recommended:
1. THAT the Plan of Vacant Land Condominium be draft
approved subject to the conditions in Appendix A;
2. THAT the Mayor or designate be authorized to sign the
draft plan as "approved" 20 days after notice of Council’s
decision has been given as required by the Planning Act,
provided no appeals of the decision have been filed with
the Clerk;
3. THAT draft approval be given for three years, after which
approval will lapse unless an extension is requested by the
developer and granted by Council; and,
4. THAT the Mayor and City Clerk be authorized to execute
the Vacant Land of Condominium Agreement and any
required documents to allow for the future registration of
the Vacant Land of Condominium when all matters are
addressed to the satisfaction of the City Solicitor.
PBD-2023-81 - Pdf
333 - 348
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
Page 4 of 679
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-2023-35
Approval of Interim 2024 Spending Limits
F-2023-35 Approval of Interim 2024 Spending Limits - Pdf
349 - 350
8.2. HR-2023-03
Non-Union By-law
HR-2023-03 - Pdf
351 - 357
8.3. MW-2023-34
Assumption of Various Subdivisions
MW-2023-34 - Pdf
358 - 364
9. PLANNING MATTERS
9.1. PBD-2023-73
AM-2023-010
Zoning By-law Amendment Application
7769, 7735, 7751 Thorold Stone Road
Applicant: Thorowest Construction Ltd. (R. Biamonte)
Agent: Craig Rohe (Upper Canada Consultants)
Nick DeBenedetti, Planner 2, will provide an overview of Report
PBD-2023-73.
PBD-2023-73 - Pdf
Presentation (Staff) - AM-2023-010- 7735 Thorold Stone Road -
City Council
Presentation (AGENT) City File AM-2023-010 - Thorowest
Village, NF
AM-2023-010 - Comments from residents (Redacted)
365 - 404
9.2. PBD-2023-74 405 - 431
Page 5 of 679
AM-2023-020
Zoning By-law Amendment Application
3151 Montrose Road and a vacant parcel to the north
Applicant: 1000441695 Ontario Inc.
Agent: Rachelle Larocque (The Biglieri Group)
Nick DeBenedetti, Planner 2, will provide an overview of Report
PBD-2023-74.
PBD-2023-74 - Pdf
Presentation (Staff) AM-2023-020 - 3151 Montrose Road - Public
Meeting
Presentation (Agent) AM-2023-020 (3151 Montrose Road)
23987
AM- 2023-020 - Comments from residents (Redacted)
9.3. PBD-2023-75
AM-2023-024
Zoning By-law Amendment Application
3090 Montrose Road
Applicant: 2855078 Ontario Inc.
Agent: Greg Taras (Urban and Environmental Management
Inc.)
Nick DeBenedetti, Planner 2, will provide an overview of Report
PBD-2023-75.
PBD-2023-75 - Pdf
Presentation (Staff) - AM-2023-024 - 3090 Montrose Road -
Public Meeting
Presentation (Agent) AM-2023-024 (3090 Montrose Road) Public
Meeting Powerpoint Dec 2023
AM-2023-024 - Comments from residents (Redacted)
432 - 456
9.4. PBD-2023-72
AM-2022-030
Zoning By-law Amendment Application
5809, 5821 and 5829 McLeod Road
Applicant: 1959064 Ontario Inc. (Pathmanathan
457 - 481
Page 6 of 679
Rajasingham)
Agent: Tom Vanle (Vanle Architect Inc.)
Nick DeBenedetti, Planner 2, will provide an overview of Report
PBD-2023-72.
PBD-2023-72 - Pdf
Presentation (Staff) AM-2022-030- 5809 McLeod Road - Council
Presentation - AM - 2022-030 (AGENT) Zoning By-law
Amendment Application V2
9.5. PBD-2023-78
AM-2023-018
Zoning By-law Amendment Application
North of Lyon’s Parkway, between Ort Road and Lyon’s
Creek, partially known municipally as 4949 Lyon’s Parkway
Applicant: Jeff & Craig Corey
Alexa Cooper, Planner 2, will provide an overview of Report PBD-
2023-78.
PBD-2023-78 - Pdf
Presentation (Staff) AM-2023-018
482 - 513
9.6. PBD-2023-77 (Presentations added)
AM-2023-021, Zoning By-law Amendment
Hawkins Street (PID 4478)
Proposal: To rezone the land to a site specific Residential
Two (R2) zone to permit the development of a semi-detached
dwelling
Applicant: Mario D’Addio (N & J Homes)
Agent: The Biglieri Group Ltd. (Rachelle Larocque)
Danielle Foley, Planning Student, will provide an overview of
Report PBD-2023-77.
PBD-2023-77 - Pdf
Presentation (Staff) AM-2023-021-Public Meeting-PBD-2023-77
Presentation (Agent) - Hawkins Road, Niagara Falls_Council
Meeting_2023.12.12
514 - 541
Page 7 of 679
Comments from resident AM-2023-021 - (Redacted)
9.7. PBD-2023-76 (Presentation added)
AM-2023-017, Official Plan & Zoning By-law Amendment
8004 Lundy’s Lane
Proposal: To increase the maximum density and rezone the
property to a site specific R5F zone to permit 87 dwelling
units within two existing buildings
Applicant: 11464857 Canada Inc. (Samuel Karamanis)
Agent: Azar Davis (Zelinka Priamo Ltd.)
Mackenzie Ceci, Senior Planner, Current Development, will
provide an overview of Report PBD-2023-76.
PBD-2023-76 - Pdf
Presentation (Staff) AM-2023-017 - 8004 Lundy's Lane - Public
Meeting
542 - 561
10. 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 approve/support Item #10.1
through to and including Item #10.6.
10.1. By-law - re: 2024 Schedule of Meetings
The attached by-law will be added to the December 12th Council
agenda regarding an amendment to Council's Procedural by-law,
with respect to the yearly Schedule of Meetings.
Recommendation: For the Approval of Council.
By-law 2023-117 - 2024 Schedule of Meetings By-law
2024 Schedule of Meetings Bylaw - Sched. A
562 - 563
10.2. Niagara Transit Commission Public Advisory Committee 564 - 572
Page 8 of 679
Attached are applications received from interested residents from
the City of Niagara Falls for consideration by Council.
Recommendation: For Council's Consideration.
Niagara Transit Commission Public Advisory Committee
Applications - Niagara Transit Commission Public Advisory
Committee
10.3. Proclamation Request - Lung Cancer Awareness Month
The American and Canadian Lung Cancer Screening Initiative
(ACLCSI) is requesting the City of Niagara Falls proclaim the
month of December 2023 as "Lung Cancer Awareness Month."
Recommendation: For the Approval of Council.
Proclamation Request - Lung Cancer Awareness Month
Proclamation Request
573 - 575
10.4. Resolution - Township of Perry - Call for an Amendment to
the Legislation Act, 2006
On behalf of the Council of the Corporation of the Township of
Perry, attached is correspondence regarding their support for the
Call for an Amendment to the Legislation Act, 2006.
Recommendation: For the Support of Council.
2023 11 20 Amendments to Legislation Act - Letter of Support -
Township of Perry
576 - 577
10.5. Resolution - Town of Fort Erie - Support of Bill C-310
Amendments - Firefighting and Search and Rescue
Attached is a resolution from the Municipal Council of the Town of
Fort Erie at its meeting of July 24, 2023 regarding supporting Bill
C-310 Amendments.
Recommendation: For the Support of Council.
Minister Sajjan-Support Bill C-310 Amendments-Firefighting and
Search and Rescue
578 - 579
10.6. Flag-Raising Request - National Day of Bulgaria
The Consulate General of Republic of Bulgaria is requesting
580 - 582
Page 9 of 679
Council to approve a flag raising ceremony on Monday, March 4,
2024 to recognize Bulgaria's National Day.
Recommendation: For the Approval of Council.
Flag-Raising Request - National Day of Bulgaria
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive and file for
information Item #11.1 through to and including Item #11.10.
11.1. Letter from Minister of Municipal Affairs and Housing, Hon.
Paul Calandra - Provincial Decisions on Municipal Official
Plans/Official Plan Amendments
Attached are letters from the Minister of Municipal Affairs and
Housing regarding the Provincial Decisions on Municipal Official
Plans/Official Plan Amendments. Letter from Mayor Diodati to
the Minister is also included.
Recommendation: For the Information of Council.
Letter from the Honourable Paul Calandra, Minister of Municipal
Affairs and Housing. Official Plan Decisions (5307) (November 2,
2023)
Letter from the Honourable Paul Calandra, Minister of Municipal
Affairs and Housing (5547) (November 16, 2023)
Letter from Mayor Diodati to Minister Calandra
583 - 588
11.2. Correspondence from Walker Environmental Group
The attached letter is to provide notification that Walker
Environmental Group is initiating an Environmental Assessment
under the Environmental Assessment Act to develop the next
phase (Phase 2) of the South Landfill in Niagara Falls, Ontario.
Recommendation: For the Information of Council.
South Landfill Phase 2 - Notice of Commencement Nov 30 2023
589 - 591
11.3. Resolution - Town of Alymer - Requesting Provincial
consideration for amendments to the Residential Tenancies
Act
Attached is a copy of the resolution passed by the Town of
Alymer Council requesting provincial consideration of
amendments to the Residential Tenancies Act.
592 - 593
Page 10 of 679
Recommendation: For the Information of Council.
Resolution - 20231116-Town of Aylmer resolution requesting
Provincial consideration for amendments to the Residential
Tenancies Act
11.4. Resolution - Town of Amherstburg - Cigarette Producer
Responsibility
Attached is a copy of a resolution passed by the Town of
Amherstburg Council in support of the Council of the the
Corporation of The Archipelago regarding amending legislation to
ensure cigarette manufacturers are responsible for the collection,
recycling and proper disposal of cigarette waste.
Recommendation: For the Information of Council.
Resolution - Town of Amherstburg - Letter to Premier Ontario
Nov 21 2023 - Cigarette Producer Responsibility
594
11.5. Resolution - The Corporation of the County of Prince Edward
- Province to stop the Ministry of the Environment,
Conservation and Parks (MECP) proposal to expand the use
of the permit-by-rule
Attached is a resolution from the Corporation of the County of
Prince Edward urging the Province to stop the Ministry of the
Environment, Conservation and Parks (MECP) proposal to
expand the use of the permit-by-rule. This resolution was
approved at the November 14, 2023 Meeting of Council.
Recommendation: For the Information of Council.
Resolution - Corporation of the County of Prince Edward-
Province to stop the Ministry of the Environment, Conservation
and Parks (MECP)proposal to expand the use of the permit-by-
rule
595 - 596
11.6. Resolution - Municipality of Tweed - 1/3 Funding Grant
Programs
Attached is a request for support resolution regarding Federal
and Provincial funding partnerships.
Recommendation: For the Information of Council.
Resolution - Municipality of Tweed Council - 1/3 Funding Grant
597
Page 11 of 679
Programs
11.7. Niagara Region Correspondence
Attached is correspondence sent from the Niagara Region
regarding the following matters:
1. Niagara Region Report PDS 37-2023 Niagara Region Unbuilt
Housing Supply Update
Recommendation: For the Information of Council.
CLK-C 2023-129 PDS 37-2023 - Niagara Region Unbuilt Housing
Supply Update
598 - 603
11.8. Power Production
Attached is a request for Council support from a resident of
Ontario for natural gas power production.
Recommendation: For the Information of Council.
Email requesting Council support - preventing blackouts in
Ontario cities
604 - 605
11.9. Redeemer Bible Church - Daycare Start Up
Attached, is an email from the Executive Director of Redeemer
Bible Church, requesting guidance, suggestions and ideas to
assist them in opening up a daycare program.
Recommendation: For the Information of Council.
Redeemer Bible Church - Daycare Program
606 - 607
11.10. Comments from resident
Comments from Resident
608 - 616
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Special Occasion Permit Request – 2024 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 23, 2024 from 1:00 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.
617
Page 12 of 679
Recommendation: That Council declare the 2024 2nd Annual
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.
Municipal Significance Request - 2024 Niagara I Heart Beer &
Taco Festival
13. RATIFICATION OF IN-CAMERA
14. 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.
15. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2023-
116.
A by-law respecting sick leave, pensions and other benefits for
employees.
By-law 2023-116 - NU By-Law (Council Mtg Dec 12, 2023) FINAL
618 - 623
2023-
117.
A by-law to amend By-law 2019-004, Council’s Procedural by-
law, with respect to the yearly Schedule of Meetings.
By-law 2023-117 - 2024 Schedule of Meetings By-law
2024 Schedule of Meetings Bylaw - Sched. A
624 - 625
2023-
118.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited,
Stopping Prohibited, Community Safety Zones, Stop Signs at
Intersections, Limited Parking)
By-law 2023-118 - 12 12 2023 - No Parking, No Stopping,
Community Safety Zones, Stop Control
626 - 629
2023-A by-law to provide for the adoption of Amendment No. 157 to the 630 - 634
Page 13 of 679
119. City of Niagara Falls Official Plan.
By-law 2023-119 - OPA 157
2023-
120.
A by-law to fees and charges for various services, licences and
publications for the City of Niagara Falls.
By-law 2023-120 - 2024 Schedule of Fees By-law 12.12.23
2024 Schedule of Fees Attachment
635 - 678
2023-
121.
A by-law to adopt, ratify and confirm the actions of the City
Council at its Special meeting held on the 12th day of December,
2023.
By-law 2023-121- 12 12 23 Confirming By-law
679
16. ADJOURNMENT
Page 14 of 679
MINUTES
City Council Meeting
4:00 PM - Tuesday, November 14, 2023
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
November 14, 2023, at 4:05 PM, in the Council Chambers, with the following members
present:
COUNCIL
PRESENT:
Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne
Campbell, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg,
Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike
Strange, Councillor Wayne Thomson
STAFF
PRESENT:
Jason Burgess, Bill Matson, Kira Dolch, Kathy Moldenhauer, Nidhi
Punyarthi, Chief Jo Zambito, Shelley Darlington, Erik Nickel, Heather
Ruzylo (present in Chambers)
Tiffany Clark, Serge Felicetti, Trent Dark (present via Zoom)
1.CALL TO ORDER
a)The meeting was called to order at 4:05 PM.
2.ADOPTION OF MINUTES
2.1.Council Minutes of October 24, 2023
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council approve the minutes of the October 24, 2023 meeting as
presented.
Carried Unanimously (Councillor Campbell was absent from the vote).
3.DISCLOSURES OF PECUNIARY INTEREST
a)Mayor Diodati declared a conflict of interest to Item #6.2 - PBD-2023-68 as the
matter involves direct neighbours.
4.MAYOR'S REPORTS, ANNOUNCEMENTS
a)Mayor Diodati extended condolences to the following:
Joey Schutz - brother-in-law of Councillor Wayne Campbell.
b)Mayor Diodati mentioned the following City events:
Happy Diwali (showed photos)
Page 1 of 15
Page 15 of 679
Pathstone Gala
Also attended by Councillor Strange
Remembrance Day Services
Also attended by Councillors Thomson, Pietrangelo, Baldinelli, Lococo,
Patel, Nieuwesteeg and Strange
Chippawa / Christ Church
Volunteer Recognition
Councillor Representation
Councillor Patel Niagara Panthers Volleyball
Tournament
Valour & Victory at Niagara Parks
Legion 479 Remembrance Day Service
Councillor Nieuwesteeg Project SHARE Chippawa location
grand opening
Councillor Lococo Closing of Happy Feet Dance Studio
Business Happenings—Grand Openings:
Cannery Lofts
o Also attended by Councillor Lococo and Councillor Baldinelli
Swadesi Grocery
o Also attended by Councillor Patel
Magnificent Women Market
o Also attended by Councillors Baldinelli, Lococo, Nieuwesteeg,
Thomson, Patel and Strange
Far Out Café
o Also attended by Councillor Baldinelli, Councillor Patel and
Councillor Nieuwesteeg
Purplemint Kitchen
Also attended by Councillors Patel, Nieuwesteeg, Thomson and
Baldinelli
c)The next Council meeting that is open to the public is a Special Meeting of
Council for the 2024 Capital and Parking Budgets, on Tuesday, November 28,
2023 at 3:00 PM.
5.IN CAMERA SESSION OF COUNCIL
5.1.In-Camera Resolution
Moved by Councillor Tony Baldinelli
Seconded by Councillor Wayne Thomson
Page 2 of 15
Page 16 of 679
THAT Council enter into an In-Camera session.
Carried Unanimously (Councillor Campbell was absent from the vote).
6.PLANNING MATTERS
After Part 1 of the In-Camera meeting was concluded, the open Council meeting
resumed at 5:40 PM.
6.1.Memo from Planning - Meeting to Reconsider Refusal of Official Plan
Amendment 157
Fraser Street, west of Stanley Avenue and lands east of Fourth Avenue,
north of Hamilton Street
The Public meeting commenced at 5:40 PM.
Brian Dick, Senior Manager of Policy Planning, provided an overview of OPA
157.
Mark Michalkoff, President of Oleo Energies, spoke in opposition of the Official
Plan Amendment 157.
Kevin Jacobi, Director, Niagara Industrial Association, also spoke rejecting the
idea of changing the zoning to residential. He spoke about having skilled trade
in our Niagara Region and this makes us a vibrant area for industrial lands.
Also, urged Council to maintain the lands as employment lands.
Michael Allen (agent), spoke in support of growth but to ask Council to consider
site specific design for residential to be designated for the lands on Fraser
Street and George Street.
The houses in this area have been in existence since 1940.
Aaron Butler (agent), of 4999 Victoria Avenue, of NPG Planning Solutions
addressed Council representing the land owner of 4280 Fourth Avenue, of
which is a brownfield site. He supports that the OPA should be approved for
the areas around Fourth Avenue, as it is predominantly residential, stating that
the area is unsuitable for industrial use.
Aaron also suggested that Council make independent decisions for the two
areas in question, as part of the OPA.
Linda Pope and Stephen Lucas, live on George Street, spoke in support of
keeping the area as industrial. Specifically designating George Street as
residential is the issue Linda stated she has, citing parking, snow removal
issues. Also encourages Council to separate George Street from Fraser
Street.
The Public meeting closed at 7:05 PM.
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Mona Patel
Page 3 of 15
Page 17 of 679
THAT Council approve a motion to split the Employment Lands Conversion,
Official Plan Amendment 157, into two (2) separate Sites.
THAT Site 1, Fraser Street, west of Stanley Avenue will remain as employment
land (industrial).
Carried Unanimously
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Mike Strange
THAT Council support OPA No. 157 with site specific conditions as outlined in
report PBD-2023-47, and referred to as Site 2, Fourth Avenue, north of
Hamilton Street and east of Stanley Avenue, to permit the conversion of this
employment land site to a non-industrial use (residential);
AND THAT final Council approval of OPA NO. 157 occur after public input has
been collected and reviewed by staff.
Carried Unanimously
6.2.Mayor Jim Diodati declared a non-pecuniary interest to the following agenda
item - PBD-2023-68, as the property addressed are direct neighbours.
Mayor Diodati left the meeting at 7:13 PM and Councillor Pietrangelo resumed
as Chair of meeting.
PBD-2023-68
AM-2023-015
Official Plan and Zoning By-law Amendment Application
2358-2378 Portage Rd, 2495 Stanley Ave
Applicant: Darren & Lori Schmahl
Agent: Aaron Butler (NPG Planning Solutions Inc.)
The Public meeting commenced at 7:14 PM.
Alexa Cooper, Planner 2, provided an overview of Report PBD-2023-68.
Aaron Butler, of NPG Planning Solutions, spoke representing the applicant,
Darren & Lori Schmahl. Aaron cited that the area is good for VRU's.
The Public meeting closed at 7:49 PM.
Moved by Councillor Wayne Campbell
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT Council approve the requested Official Plan & Zoning By-law
Page 4 of 15
Page 18 of 679
amendment application, to permit a Vacation Rental Unit on each of the
four (4) properties in accordance with Section 4.38 of Zoning By-law 79-
200;
2. THAT the amending zoning by-law include a Holding (H) provision to
require a development agreement be registered on title to place a
warning clause on 2358 Portage Road.
Carried (Councillor Lococo was opposed).
6.3.PBD-2023-67
AM-2023-014, Zoning By-law Amendment Application
5640 Stanley Ave, 5609 & 5619 Buchanan Ave
Applicant: 9431870 Canada Corp (Daljit Goraya)
Agent: ACK Architects (Michael Allen)
Mayor Diodati, resumed as Chair of meeting at 7:52 PM.
The Public meeting commenced at 7:52 PM.
Alexa Cooper, Planner 2, provided an overview of Report PBD-2023-67.
Councillor Strange left the meeting at 8:00 PM and returned at 8:08 PM.
Michael Allen, agent from ACK Architects, representing Daljit Goraya (owner of
property), and Craig Rohe, addressed Council. The subject lands are located
in an urban area.
The Public meeting closed at 8:33 PM.
Direction to Staff: THAT staff (By-law enforcement) follow up with the
residents' concerns regarding enterprise car rental parking their vehicles on the
street.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
1. THAT Council approve the Zoning By-law amendment as detailed in this
report to permit a 14 storey mixed-use building with 480 square metres
of commercial space and 162 residential dwelling units, subject to the
regulations outlined in this report.
2. THAT the developer or applicant work with the neighbours to try to
mitigate some of their concerns.
Carried (Councillor Baldinelli was opposed).
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
THAT the amending zoning by-law include a Holding (H) provision to require
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an updated wind study, a Phase 2 Environmental Site Assessment, the filing of
a Record of Site Condition (if required), to ensure the implementation of noise
mitigation measures and archeological warning clauses are implemented at
time of site plan and to confirm the number of affordable units. If these
materials are submitted and approved by Staff prior to the amending zoning by-
law being presented to Council for approval, the holding (H) provision will not
be applied.
Carried (Councillor Lococo and Councillor Baldinelli were opposed).
7.DEPUTATIONS / PRESENTATIONS
7.1.Niagara Falls Public Library Board - 2024-2028 Strategic Plan
Anne Andres-Jones, Chair of the Niagara Falls Public Library Board, and Alicia
Subnaik Kilgour, CEO / Chief Librarian, along with plan consultant, Kimberly
Silk of Brightsail Research, presented to Council the Library’s new 2024-2028
Strategic Plan. Cathie Lee, Director of Customer Experience and John
Anstruther, Vice-Chair of the Library Board was also in attendance.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council receive the presentation from the Niagara Falls Public Library
Board for information.
Carried Unanimously
7.2.Deloitte Presentation - Customer Service Vision Engagement
Shelley Darlington, General Manager of Corporate Services, set context as to
the report on Customer Service Vision Engagement. Furthermore, Shelley
introduced Ms. Jaimie Boyd and Mr. Riyaz Nathwani, from Deloitte Canada,
whom virtually provided an overview of the work completed as part of their
engagement.
Savannah Wells-Bisson, Operations Support Supervisor with the City of
Niagara Falls, supplemented the presentation highlighting a customer journey
experience from a Municipal Works perspective.
7.3.CS-2023-02
City of Niagara Falls Customer Service Strategy
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Staff Report CS-2023-02 City of Niagara Falls Customer Service
Strategy be received as information;
AND THAT Council approve the City’s customer service vision, motto,
objectives, and guiding principles as outlined in Attachment 2.
Carried Unanimously
7.4.Hospice Niagara Presentation
Carol Nagy, Executive Director and Board Member, provided an update to
Council regarding Hospice Niagara and the approved expansions in Niagara.
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Carol was joined by Archie Reynolds, Board Vice-Chair and Guy Rizzo, Board
Member.
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
THAT Council receive the presentation provided by Hospice Niagara for
information.
Carried Unanimously
Moved by Councillor Mona Patel
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council extend the curfew to allow for the Council meeting to continue
beyond 10:00 PM.
Carried Unanimously
7.5.Community Crew
Stephen Cooper, of Community Crew, spoke to Council regarding eliminating
perception that Community Crew is a St. Catharines charity. He also promoted
an upcoming event called "Niagara Christmas." Last year they served 633
lunches to Niagara Falls schools a week, across 7 schools which were
selected off poverty data.
Moved by Councillor Mona Patel
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council receive the presentation from Community Crew, for information.
Carried Unanimously
7.6.Resident, Joe Mrozek - Homelessness
Resident, Joe Mrozek, addressed Council regarding his concerns about
homeless encampments close to his residence, and their impact on the
community.
Councillor Lori Lococo read a letter from Brittany Ferguson-Violi regarding this
same matter.
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Wayne Campbell
THAT Council receive Joe Mrozek's presentation for information.
Carried Unanimously
7.7.Crime Stoppers of Niagara - Update
Mike Britton, Board Member of Crime Stoppers Niagara, presented annual
statistics, and informed Council of other programs and discussed ways that the
community and the City of Niagara Falls can get involved in making a safer
Niagara for all. Mike was joined by Jason Snyder, Vice-Chair of Crime
Stoppers Niagara.
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Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
THAT Council receive the presentation by Mike Britton and Jason Snyder from
Crime Stoppers Niagara, for information and to reach out to community
partners to have Crime Stoppers added to an electronic bulletin board and to
have staff come back with a report as to how our community can support this
program further.
Carried Unanimously
8.REPORTS
8.1.R&C-2023-13
City Outdoor Pools Update
Kathy Moldenhauer, General Manager of Recreation, Culture and Facilities,
provided a presentation to Council regarding our City's Outdoor Pool Review.
Moved by Councillor Mona Patel
Seconded by Councillor Ruth-Ann Nieuwesteeg
1.THAT staff arrange for members of Council to have a tour of the City’s
existing pools;
2.THAT staff report back to Council with a more comprehensive list of required
repairs needed for all pools;
3.THAT staff report back to Council with possible community partnerships,
sponsorships and/or naming rights opportunities to assist with the repair costs
for the pools;
4.THAT staff take the steps required for an Engineering Study for all 5 outdoor
pools, including a Request for Proposal process, if necessary.
Carried Unanimously
8.2.L-2023-22
Further Update on Strong Mayors Legislation
Our File No.: 2022-168
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council receive this report and attachments for information.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.3.MW-2023-29
Revisions to the 2023 Road Resurfacing Mill & Pave Program
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
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1. THAT the scope of work for Contract 2023-13 for the 2023 Road
Resurfacing program that was expanded at the July 11, 2023 council
meeting as part of the recommendations in Report MW-2023-23, be
revised to remove the repair and resurfacing of Sarah Street from the
approved scope;
2. AND THAT the surplus funds in the 2023 Road Resurfacing program,
once completed, be transferred to the 2024 Road Rehabilitation
program account in order to complete the Sarah Street Road
Rehabilitation in its entirety as part of the 2024 Capital Budget.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.4.MW-2023-31
Electric Vehicle Charger and Vehicle Infrastructure Update
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
1. That Council approve of the Electric Vehicle Charger and Vehicle
Infrastructure implementation plan outlined in this report;
2. That Council direct staff to apply for provincial grant funding under the
EV ChargeON Program as outlined in this report;
3. That Council approve of the re-prioritization of existing and contingent
budget approvals totaling $120,000 in support of this initiative; and,
4. That Council delegate authority to the General Manager of Municipal
Works / City Engineer to execute all necessary grant applications,
transfer payment agreements, purchase requisitions, and vendor
agreements in order to accomplish the first phase of the implementation
plan.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.5.PBD-2023-70
Permitting 4 Dwelling Units in a Dwelling in Urban Residential Areas
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
1. THAT Council authorize staff to prepare an amendment to change the
Official Plan and Zoning By-law No. 79-200 to consider permitting
four(4) dwelling units in a dwelling on urban serviced residential lands
where detached, semi-detached, duplex and townhouse dwellings are
permitted.
2. THAT Council direct staff to forward this recommendation to the Canada
Mortgage and Housing Corporation and the Federal Minister of Housing,
Infrastructure and Communities.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.6.PBD-2023-69
Response to Rodent Control Efforts in the City
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
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1.THAT Council of the City of Niagara Falls receive report PBD-2023-69 as
information.
Carried Unanimously (Councillor Campbell was absent from the vote).
9.CONSENT AGENDA
9.1.F-2023-31
2023 Q3 Parking Fund Budget to Actual Variance (Unaudited)
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT the Parking Fund Budget to Actual Variance report for the period ended
September 30, 2023 be RECEIVED.
Carried Unanimously (Councillor Campbell was absent).
9.2.MW-2023-30
Appointment of Drainage Engineer
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council appoint K. Smart Associates Limited as the Drainage Engineer
to examine the area requiring drainage, as described in the Petition for
Drainage Works for 5981 Willow Road dated June 6, 2023, and prepare a
report pursuant to the Drainage Act, R.S.O. 1990.
Carried Unanimously (Councillor Campbell was absent)
9.3.MW-2023-33
Single Source Purchase Request and Capital Budget Amendment – Trails
& Active Transportation Master Plan
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council approve a capital budget amendment to reallocate the
uncommitted funds from the Transportation Master Plan to the Trails & Active
Transportation Master Plan.
AND THAT Council approve a single source procurement in accordance with
By-Law No. 2021-04, Section 18(a)(i) Single and Sole Purchases with WSP
Canada Inc. for the provision of consulting services to undertake the City’s
Trails & Active Transportation Master Plan.
AND THAT Council provide delegated authority to the Chief Administrative
Officer and the General Manager of Municipal Works to execute the necessary
agreements.
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Carried Unanimously (Councillor Campbell was absent from the vote).
10.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1.Flag-Raising Request - Crime Stoppers of Niagara
Crime Stoppers of Niagara is requesting Niagara Falls City Council to
recognize January 2024 as Crime Stoppers Awareness Month, by arranging a
flag-raising ceremony.
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
THAT Council recognize January 2024 as Crime Stoppers Awareness Month,
by arranging a flag-raising ceremony.
Carried Unanimously (Councillor Campbell was absent)
10.2.Proclamation Request - Talk to a Stranger Week
Attached is a request for Council to proclaim the week of November 20, 2023 -
November 26, 2023 as "Talk to a Stranger Week."
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
THAT Council proclaim the week of November 20, 2023 - November 26, 2023
as "Talk to a Stranger Week."
Carried Unanimously (Councillor Campbell was absent from the vote).
11.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1.Resolution - Niagara Peninsula Conservation Authority (NPCA) - Water
Quality Monitoring Program Summary Report for the Year 2022.
The NPCA adopted the attached Resolution No. 91-2023 at its September 15,
2023 meeting regarding the Water Quality Monitoring Program Summary
Report for the Year 2022.
Recommendation: For the Information of Council.
11.2.Annual Report from the Integrity Commissioner
Attached is the Annual Report from Niagara Falls Integrity Commissioner
Edward T. McDermott.
Recommendation: For the Information of Council.
11.3.Niagara Region Correspondence
Attached is the correspondence sent from the Niagara Region regarding the
following matters:
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1. Niagara Region Report CLK-C 2023-122 - Areas of Strategic Focus of
Shared Services
2. Niagara Region Report CLK-C 2023-121 - Official Plan Amendment
Application
3. Niagara Transit Commission - 2024 Proposed Operating & Capital Budget
Submission and Requisition
Recommendation: For the Information of Council
11.4.Resolution - Town of Rainy River Water Training
Attached is a resolution passed by the Town of Rainy River, Ontario, in regard
to water treatment training opportunities.
Recommendation: For the Information of Council
11.5.Motion - City of Cambridge
Attached is a copy of a motion passed by Cambridge City Council on October
24th, 2023 regarding Council’s Support for Bill 21, Fixing Long-Term Care
Amendment Act.
Recommendation: For the Information of Council
11.6.Letter of Support - correspondence from Antonio Caruso
Attached is correspondence from Tony Caruso for Council information.
Recommendation: For the Information of Council.
11.7.Comments from resident
Moved by Councillor Wayne Thomson
Seconded by Councillor Tony Baldinelli
THAT Council receive and file for information Item #11.1 through to and
including Item #11.7.
Carried Unanimously (Councillor Campbell was absent from the vote).
12.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1.Niagara Shriners Parade - June 8, 2024 - Street Closure Permit
The Niagara Shrine Club and Rameses Shrine Centre are non-profit
organizations wishing to host a parade for the 36 Rameses Shrine Clubs in
Ontario. The Niagara Shrine Club will host approximately 1500 Shriners and
their families at a convention weekend and part of that is the parade to give the
organization visibility in the community.
Recommendation: To Refer to Staff.
Moved by Councillor Victor Pietrangelo
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Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council refer the matter of the Niagara Shriners Parade to staff.
Carried Unanimously (Councillor Campbell was absent from the vote).
12.2.Niagara Falls Hydro Holding Corporation (HOLDCO) - Memo to Council
Attached is a memo to Council regarding Niagara Falls Hydro Holding
Corporation Updates.
Recommendation: THAT Council receive the Niagara Falls Hydro Holding
Corporation Updates for Information.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council receive the Niagara Falls Hydro Holding Corporation Updates
for Information.
Carried Unanimously (Councillor Campbell was absent from the vote).
13.RESOLUTIONS
There were no resolutions listed.
14.RATIFICATION OF IN-CAMERA
a)Ratification of In-Camera
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Tony Baldinelli
THAT Council delegate authority to staff to take any action or step necessary
to protect the interests of the Corporation with respect to Contract 2023-519-20
;
AND THAT Council adopt the following motion in open session:
THAT the CAO, the General Manager of Planning, Building and Development,
and the City Solicitor be provided the delegated authority to take the
appropriate steps to represent Council's interest with regard to OLT Matters
OLT 23-000937 and OLT 000906 as directed in-camera.
Carried Unanimously (Councillor Campbell was absent from the vote).
15.NOTICE OF MOTION/NEW BUSINESS
a)Firehall Theatre - Parking Issue
Councillor Pietrangelo discussed the lack of convenient parking available for
those volunteers attending an event at the Firehall Theatre.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
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THAT Council allows for free parking for Lot 18 and that the Firehall looks after
the issuance of temporary permits;
THAT Council approves free parking on Lewis Avenue (adjacent to the old
arena) and that the Firehall looks after reusable placards;
AND THAT free parking remain in place for the Firehall Theatre on a long-term
basis and not be revoked or negotiated as long as other recreational facilities
that are municipally-owned continue to have unpaid parking.
Carried Unanimously (Councillor Campbell was absent).
b)Active Construction Sites
Councillor Pietrangelo discussed the need to address the active constructions
sites that exist across the city (ie. Stanley and Ferry and Chippawa location).
Direction to Staff: That Staff be directed to investigate ways to secure these
active construction sites.
c)Active Construction Sites - decorative fencing
Councillor Baldinelli brought forth the issue of changing the by-law to ensure
that aesthetically-pleasing and decorative fencing be used around active
construction sites.
16.BY-LAWS
2023-
107.
A by-law to provide for the adoption of Amendment No. 155 to the City of
Niagara Falls Official Plan.
2023-
108.
A by-law to delegate the authority of approval for matters under Sections
39.2(1) and 51.2(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended, and
other development matters.
2023-
109.
A by-law to provide for the adoption of Amendment No. 162 to the City of
Niagara Falls Official Plan (AM-2023-016).
2023-
110.
A By‐law to amend By‐law No. 79‐200, as amended, to include Additional
Dwelling Unit policies within the City of Niagara Falls, to align with Bill 23
amendments to the Planning Act.
2023-
111.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Limited Parking, Heavy Vehicle Restriction, Speed Limits
on Highways – 60km/h)
2023-
112.
A by-law to appoint a Drainage Engineer pursuant to The Drainage Act, R.S.O.
1990.
2023-
113.
A by-law to amend By-law No. 79-200, to permit the existing 3-unit dwelling
and vacation rental units (AM-2023-009).
2023-
114.
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 14th day of November, 2023.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
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THAT the by-laws be read a first, second and third time and passed.
Carried Unanimously (Councillor Campbell was absent).
17.ADJOURNMENT
a)Adjournment
Moved by Councillor Tony Baldinelli
Seconded by Councillor Wayne Thomson
THAT Council adjourn the meeting at 1:29 AM.
Carried Unanimously
Mayor
City Clerk
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MINUTES
Special City Council Meeting
3:00 PM - Tuesday, November 28, 2023
Council Chambers/Zoom App.
The Special City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
November 28, 2023, at 3:10 PM, in the Council Chambers, with the following members
present:
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
(All present in Chambers)
Councillor Wayne Campbell (present via Zoom)
STAFF
PRESENT:
Jason Burgess, Bill Matson, James Dowling, Tiffany Clark, Paul Brown
(present for #5.2), Erik Nickel, Chief Jo Zambito, Nidhi Punyarthi, Kathy
Moldenhauer, Shelley Darlington, Margaret Corbett (present in
Chambers).
Kira Dolch, Kent Schachowskoj, Andrew Bryce (present via Zoom).
1. CALL TO ORDER
The meeting was called to order at 3:10 PM.
2. DISCLOSURES OF PECUNIARY INTEREST
None to report.
3. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Jim Diodati provided an update of the following recent events:
Grey Cup Sports Tourism Summit with Minister Lumsden [photo]
CFL Awards Presentation [photo]
•Also attended by Councillors Strange, Patel, Baldinelli
CFL Grey Cup Game [photo]
•Also attended by Councillors Patel and Strange
Santa Claus Parade & Christmas Tree Lighting [photo]
•Also attended by Councillors Patel, Nieuwesteeg, Strange, Baldinelli, Lococo
and Pietrangelo
Zonta’s 16 Days of Activism for Gender Equality [photo]
•Also attended by Councillor Patel
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Wayne Campbell Bridge Housing Building – Sign Unveiling [photo]
•Honouring Councillor Wayne Campbell
oHelga, Leigh in attendance
•Also attended by Councillors Thomson, Lococo, Nieuwesteeg, Baldinelli,
Patel, Strange and Pietrangelo who came at the very end
Business Happenings—grand openings: [photos for each]
•Falls Best Authentic Chinese & Japanese Cuisine
oAlso attended by Councillors Baldinelli, Patel and Strange
•Fallsview Towns
oAlso attended by Councillors Patel and Nieuwesteeg
•Drummond Medical Centre and Simon’s Drug Store
oAlso attended by Nieuwesteeg, Baldinelli and Patel
•Framar
oAlso attended by Nieuwesteeg, Baldinelli and Patel
•Overtime Sports Lounge
oAlso attended by Councillors Baldinelli, Nieuwesteeg, Patel and Thomson
•Café Dalbodre
oAlso attended by Councillors Baldinelli, Thomson, Nieuwesteeg, Patel
•Grand Re-Opening of the Nearly New Thrift Store
oAlso attended by Councillor Patel.
Flag Raisings: [photos for each]
•AIDS Awareness Week, World AIDS Day and Aboriginal AIDS Awareness
Week
oAlso attended by Councillors Thomson and Patel
•Wrapped in Courage Flag to promote Gender Equality
oAlso attended by Councillors Patel and Nieuwesteeg
b) The next Council meeting is scheduled for Tuesday, December 12, 2023 at
1:00 PM.
4. APPOINTMENTS
4.1. Appointment Request - City Property Tax Increase
Mohsen Alghazali, resident of the City of Niagara Falls, presented a petition to
Council regarding the most recent property tax increase. Another resident,
Frances Cortese, addressed Council on this same issue and submitted a
petition.
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Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council receive the presentation by Mohsen Alghazali and Frances
Cortese, both residents of Niagara Falls speaking about their concerns
regarding the most recent property tax increase.
Carried Unanimously (Councillor Campbell was absent from the vote).
5. REPORTS/PRESENTATIONS
5.1. F-2023-34
Strong Mayors Act - Update to Budget Process
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Mike Strange
THAT Council RECEIVES for information report F-2023-34 Strong Mayors Act
- Update to Budget Process.
Carried Unanimously (Councillor Campbell was absent from the vote).
5.2. F-2023-33
Mayor's Proposed Draft 2024 Parking Budget
Tiffany Clark, Director of Finance and Paul Brown, Manager of Parking
Services, presented the 2024 Parking Budget.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT Council makes amendments (if any) to the Mayor's Proposed
Draft 2024 parking budget, by way of resolution, during this Special
Meeting of Council (November 28, 2023); and
2. FURTHER, should Council be satisfied all possible amendments have
been considered, that by way of resolution, Council shorten the 30 day
review period, allowed under the Strong Mayors Act, by 25 days, such
that the review period ends on November 28, 2023.
Carried Unanimously (Councillor Campbell was absent from the vote).
5.3. F-2023-36
2024 City of Niagara Falls Mayor’s Proposed Capital Budget
James Dowling, Senior Manager of Capital Accounting, presented the 2024
City of Niagara Falls Mayor's Proposed Capital Budget to Council.
Councillor Lococo requested that Staff provide a different explanation of the
budget increases to the public.
Direction to Staff: That budget increases for households be explained per
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$1,000 so residents can multiply that based on their own assessment, in an
effort to provide the public with a better understanding of the property tax
increase.
Councillor Pietrangelo inquired about debenturing for large capital projects and
was pleased that staff already have a guiding principle in place.
NS &T Rail Trail
The primary objective of this project is to develop a city-wide trail that will link
downtown Niagara Falls with nearby communities, connect parks and open
spaces, and enhance recreation, tourism and active transportation
opportunities across the City.
Councillor Pietrangelo requested an update and asked for staff to provide
recommendations as to how the trail could be funded.
Direction to Staff: That Staff report back to Council in the early New Year,
information pertaining to the pricing for the NS&T Rail Trail for Phase 1 and
Phase 2.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT the Mayor’s Proposed 2024 Capital Budget report, presentation
and accompanying material BE RECEIVED; and
2. THAT the projects swaps, closures and transfers to/from reserves and
reserve funds, as outlined in Attachment 1, BE APPROVED; and
3. THAT staff BE DIRECTED to report back to Council for formal approval
of debt financing outlined in Attachment 2, once the 2024 Mayor’s
Proposed Capital Budget has been deemed adopted; and
4. THAT Council makes amendments (if any) to the 2024 Mayor's
Proposed Capital Budget, by way of resolution, during this Special
Meeting of Council (November 28, 2023); and
5. FURTHER, should Council be satisfied all possible amendments have
been considered, that by way of resolution, Council shorten the 30 day
review period, allowed under the Strong Mayors Act, by 25 days, such
that the review period ends on November 28, 2023.
Carried (Councillor Lococo was opposed and Councillor Campbell was
absent from the vote).
6. BY-LAWS
2023-
115.
A by-law to adopt, ratify and confirm the actions of the City Council at its
Special meeting held on the 28th day of November, 2023.
Moved by Councillor Victor Pietrangelo
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Seconded by Councillor Wayne Thomson
THAT the by-law be read a first, second and third time and passed.
Carried Unanimously (Councillor Campbell was absent from the vote).
7. ADJOURNMENT
a) Adjournment
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council adjourn the meeting at 5:41 PM.
Carried Unanimously (Councillor Campbell was absent from the vote).
Mayor
City Clerk
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PBD-2023-83
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
PBD-2023-83
Agreement Renewal - Niagara SPCA & Humane Society
Recommendation(s)
1.THAT Council of the City of Niagara Falls receive report PBD-2023-83 and renew a 5-
year single source contractual agreement with the City of Niagara Falls SPCA and
Humane Society.
2. That Council delegate the CAO and the City Solicitor to finalize and sign a contract
under the general economic terms outlined in this report.
Executive Summary
In October of 2018, City Management staff and former CAO met with executive staff of
the current City of Niagara Falls SPCA and Humane Society to formalize a 4-year
contract which Council approved.
In October of 2023, City Management staff and current CAO met to discuss an
extension of that original council approved contract.
The original agreement language in the prior 4-year contractual agreement is
unchanged from the January 1, 2019, agreement through the December of 2022. There
were zero increases in year 1, 2 and only CPI increases in year 3 and 4.
Council did approve a post pandemic one-year contractual extension in year 5 from
January 1, 2023, through December 31, 2023, at zero increases. The language in the
attached contract was unchanged.
The reason for the Single Source request is that there is a lack of available participants
in the market that can deliver this service to the level that is required by the City.
Management has concluded that a public procurement process will not provide long
term value to the City and is recommending that Council approve the continued use of
the Niagara SPCA and Humane Society.
Analysis
For more than 75 years the Niagara SPCA and Humane Society have provided an
extensive range of services related to animal control and care in the City of Niagara
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Falls. Their diverse team of experts and experienced staff have worked closely with
many municipalities and the public sector in the animal care, enforcement and welfare
services of animals. The Society’s efforts to provide these services keeps them diligent
with the current trends and continued educational requirements. Their staff have
become one of the foremost leaders in animal related matters in the province of Ontario.
The Niagara SPCA and Humane Society commitment to excellence does not end with
contractual services. Through the many years of service delivery to the City of Niagara
Falls, the animal shelter has provided public education on the responsibilities of pet
ownership and animal care in the city. Many presentations to schools and community
groups and sponsored community events have been endorsed by the government,
various stakeholder groups and the public at large.
The Society has a dedicated vet technician and veterinarian that treat all animals
coming into care. The Society’s mandate is to ensure that all animals have the best
possible care. They also have many off site adoption events showcasing their animals
throughout many municipalities which improve adoption rates. The Society offers low
cost spay/neuter services to the Niagara community and full veterinarian services. The
services that they provide assist persons in the community that otherwise would not be
able to get animal care for their pets. The Society has the only mobile animal hospital
and respite safe house that is accredited throughout the province of Ontario.
The Niagara Falls SPCA Humane Society is a full-service provider for the City of
Niagara Falls. All animal related calls which include wildlife and exotic pet calls are
handled by their highly trained animal control enforcement staff. Many typical calls
include the barking of animals, animals at loose in the community and animal bite
occurrences. The Society will also conduct kennel inspections and enforce muzzle
orders on dangerous dogs in the community. The Society continues to enforce all
provisions on the new 2019 Council approved animal control by-law. This includes all
inspections and investigations and any potential court action(s) taken. The Society’s
animal control enforcement team is well versed in the application of law with the Ontario
courts of Justice and attend court when required. The Society’s responsibility also
includes the removal, impounding, euthanasian and disposal of animals.
The contractual commitment to the City of Niagara Falls provides two animal control
officers available from Monday through Friday from 8:00 am through 7:00 pm. On
Saturday and Sunday, the dedicated officers will work from 8:00 am through 4:00 pm
and statutory hours from 8:00 am through 12:00 pm. Enforcement staff are available on
a 24/7 basis for any/all emergency animal related situations that may arise. An
enforcement manager and animal control manager with more than two decades of
animal related service and experience is dedicated to the City of Niagara Falls on a 24/7
basis.
The Niagara Falls SPCA and Humane Society shelter is open 10:00 am through 4:30
pm Monday through Saturday and closed on Sunday.
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The Society is responsible to provide continued monthly statistical analysis to the
Manager of Municipal Enforcement or his/her designate which will highlight the type of
complaints received, actions taken and results/completions of those actions. This is
reviewed on a quarterly basis with executive Society staff and City Staff for any
improvements or additions that may be necessary.
The Society maintains relatively new vehicles that are equipped with GPS units and
monitored by executive society staff to ensure prompt and improved response times if
necessary. The society staff work closely with the Municipal Enforcement Team and
Police Services staff to identify and report any criminal activity that is observed
throughout the community. This includes the defacing of city parks or property, graffiti
or any suspicious activity that they observe when conducting their regular daily patrols
throughout the community. All concerns are immediately reported to the police. Their
officer presence in the parks does serve as a measure of crime prevention in the
community. Their staff are provided with professional law enforcement uniforms and
continue in the “SUEP” program or stepped-up enforcement program in City parks to
prevent crime prevention of animal related concerns.
The formal contractual commitment has met the expectations of staff. The proposed 5
year contractual agreement included no cost increases except for the consumer price
index, (CPI).
Scheduling & Indemnification
The 5 year agreement would commence January 1, 2024, and expire December 31,
2028.
The Society shall indemnify and save harmless the City of Niagara Falls, its officials,
officers, employees and agents against all actions, causes of action, interest, claims,
demands, costs, damages, expenses including defence cost of loss of which the City of
Niagara Falls may bear, suffer, incur, become liable for or be put to by reason of any
damage to any property or injury or death and ensure that insurance at its own expense
is obtained and keep in force errors and omissions insurance satisfactory to the City of
Niagara falls and issued by an insurer licensed to conduct business in the Province of
Ontario.
Termination or Default
There is contractual language in the contract that speaks to the termination of this
agreement at any time by any party at any time providing a minimum of 90 calendar
days written notice to the other party to the agreement.
If the Society refuses or fails to comply with any terms and conditions of the agreement,
or with any proper order request of the City of Niagara Falls, and such refusal or failure
is not rectified by the Society within the time period set out in the notice in writing from
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the City of Niagara Falls setting out the particulars of such refusal or failure the City of
Niagara Falls may terminate by notice in writing to the Society.
Financial Implications/Budget Impact
The City of Niagara Falls agrees to pay (12) monthly payments for services (taxes not
applicable) as compensation for the services to be performed.
The Niagara SPCA Humane Society agrees to a threshold of 3% CPI (Consumer Price
Index) for the contract years with the option of applying to council for the actual years
should the society experience financial hardship due to higher anticipated CPI
increases.
The CPI should cover the rising costs of wages, fuel and operating expenses over the
length of the contract. Apart from the CPI increases the Society is requesting zero dollar
increases.
The Society did wave all fees in years 1, 2 and 5 of the formal council approved
contract(s) in years 2019 and 2022. The Society requested CPI increases in year 3 and
4 of the former council approved contract in years 2021 and 2022.
The Society did absorb any/all fees during the 5 years contractual commitments of all-
dead animal carcasses on the highways throughout the municipality. This saved the
municipality approximately $30,000 dollars annually and approximately $150,000 dollars
over their 5-year contractual commitment to the city.
The Society’s annual 5-year contractual agreement for years 2024 through 2028 is as
follows.
*In year one, $574,063 this is a 3% CPI increase from year 2023
*In year two, $591,284 this is a 3% CPI increase from year 2024
*In year three, $609,022 which is a 3% CPI Increase from year 2025
*In year four. $627,292 which is a 3% CPI increase from year 2026
*In year Five $646,110 which is a 3% CPI increase from year 2027
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Complaints that are animal related can consume disproportionate amount of City staff
time and resources and impede Municipal Enforcement Services staff from addressing
other complaints and issues in a timely manner. The contract provides clear and
distinctive roles with the enforcement of animal related matters.
The city does not have fleet vehicles for the care, control and transportation of animals
nor does the city have a private shelter for the housing, impounding relocation, adoption
and the ability to euthanize animals.
Strategic/Departmental Alignment
The City of Niagara Falls is committed to customer service excellence and seeks to
provide exemplary service to all members of Council and the public to resolve
complaints in a timely, responsible and efficient manner.
List of Attachments
Agreement for Animal Control and Pound Services January 1 2024 through December
31, 2028
Written by:
Gerald Spencer, Manager of Municipal Enforcement Services
Submitted by: Status:
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
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AGREEMENT
FOR
ANIMAL CONTROL AND MUNICIPAL POUND SERVICES
BETWEEN
THE CORPORATION OF THE CITY OF NIAGARA FALLS
AND
NIAGARA SPCA AND HUMANE SOCIETY
January 1, 2024 through December 31, 2028
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2
THIS AGREEMENT made as of the 1st day of January, 2024.
BETWEEN:
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
(hereinafter called the "City")
- and -
NIAGARA SPCA AND HUMANE SOCIETY
{hereinafter called the "Society")
WHEREAS the City wishes to retain the services of the Society for the administration,
inspection and enforcement of the Niagara Falls Animal Control By-law and other
provincial Legislation and for that purpose has requested that the Society provide these
and related Animal Care and Control services;
AND WHEREAS it has been agreed upon by the parties hereto that the administration,
inspection and enforcement services shall be provided by the Society to the City upon the
terms and conditions herein set out;
NOW THEREFORE this agreement witness that in consideration of the terms and
conditions herein contained, the parties hereto hereby covenant and agree as follows:
1. DEFINITIONS
"Agreement” means this Animal Control and Municipal Pound Services
Agreement.
"Animal Shelter" means any and all animal shelter's operated by the Niagara
SPCA and Humane Society “the Society"
"Applicable Legislation" means the following provincial statutes: Animals for
Research Act, R.S.O. 1990, C.A.22, as amended; Pounds Act, R.S.O. 1990,
C.P.17, as amended; Dog Owner's Liability Act, R.S.O. 1990, c.d. 16, as
amended;
"By-laws" means the animal control by-laws for the City, as amended.
"Director" means the Director or their designate, of the City.
"Executive Director" means the Executive Director of the Society, or their
designate.
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2. DUTIES AND RESPONSIBILITIES
2.1 The City and the Society (collectively, the "Parties") jointly agree that:
2.1.1 This Agreement is applicable to all of the City of Niagara Falls;
2.1.2 The Parties will adhere to the schedule of fees and methods of
collection of payment for the services as outlined in this Agreement;
2.1.3 The terms and fee schedule in this Agreement shall be reviewed
periodically as deemed necessary;
2.2 The City agrees to:
2.2.1 Provide advisory services to the Society and assist in developing
guidelines and policies in respect to the Society's responsibilities
pursuant to this Agreement;
2.2.2 Provide services for the sale of dog tags and make this data and
monies available to the Society by the 15th of the following month.
2.3 The Society agrees to:
2.3.1 Investigate all complaints with respect to any animal or dog control
issue, undertake compliance counseling and prepare reports for
abatement action if necessary;
2.3.2 Provide the City with monthly reports to be submitted by the 15th of
the following month related to all activities undertaken pursuant to this
Agreement;
2.3.3 Provide advisory services to the City and assist the City in developing
guidelines and policies in respect to any animal control matter
including wildlife and exotic animals;
2.3.4 Provide any clerical and other services required to fulfill its duties and
responsibilities pursuant to this Agreement, including but not limited
to reception, typing reports, computer data entry, document
preparation, and data management and maintenance, filing and
mailing activities;
2.3.5 Attend meetings of City Council, and submit reports when requested;
2.3.6 Be responsible for all employees, equipment, vehicle and facility costs
and expenses arising from its obligations under this Agreement;
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2.3.7 Generally enforce the provisions of the By-laws, this Agreement,
and the Applicable Legislation.
2.4 Without limiting the duties agreed to in Section 2.3, the Society
shall provide these specific services to the City:
2.4.1 Administrative Services
2.4.1(1)
2.4.1(2)
2.4.1(3)
Administer the provisions of the By-laws applicable
and the Agreement;
Purchase and be responsible for the cost of all license
forms and license tags for all dog licenses sold; and
Serve as Pound Keeper for the City in accordance with
the provisions of the By-Laws, and Applicable
Legislation.
2.4.2 Inspection Services
2.4.2(1)
2.4.2(2)
2.4.2(3)
Make general patrols of the entire City;
Patrol city parks and areas identified by the City, add
areas of concern to our stepped up enforcement
program; and
Respond, on a complaint basis, to allegations of
breaches of the By-Laws or this Agreement or
Applicable Legislation.
2.4.3 Enforcement Services
2.4.3(1)
2.4.3(2)
2.4.3(3)
2.4.3(4)
2.4.3(5)
Conduct investigations of alleged breaches of this
Agreement, the By-laws and the Legislation;
Achieve compliance with the By-laws through
resolution of breaches, negotiation with animal
owners, or through prosecution;
Expeditiously respond to complaints from members of
the public or from the city, with respect to matters
contained in the By-laws, Applicable Legislation and
this Agreement;
Enforce all Applicable Legislation and the By-laws
within the boundaries of the City; and
Provide care and shelter for animals as impounded
pursuant to the By-laws, Applicable Legislation and
this Agreement.
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2.4.4 Prosecution and Court Services
2.4.4(1)
2.4.4(2)
2.4.4(3)
2.4.4(4)
2.4.4(5)
Institution of prosecution for breaches of the By-laws
and Applicable Legislation, including laying of
Information and preparation of court briefs;
Service of any summons to compel attendance of a
defendant before the Courts;
Attendance at court appearances as necessary;
Conduct early resolution and/or trials under the
Provincial Offences Act for breaches of the Bylaws
and Applicable Legislation; and
Report to the City with respect to the disposition of any
prosecution under the By-laws and Applicable
Legislation. Any such report shall be submitted to the
City of Niagara Falls within 30 days of the court
decision.
2.4.5 Other Services including impoundment Services
2.4.5(1)
2.4.5(2)
2.4.5(3)
2.4.5(4)
2.4.5(5)
2.4.5(6)
2.4.5(7)
2.4.5(8)
2.4.5(9)
Remove, impound, relocate, euthanize, or otherwise
dispose of animals caught in humane traps, whether
wild or domestic animals in accordance with the
discretion and powers conferred by the By-laws and
Applicable Legislation from private property at a cost
to the property owner/tenant of $150.00 per visit, such
cost to be retained by the Society;
Capture or receive and impound stray dogs;
Receive and impound stray cats;
Capture or receive and impound such other species
which may properly be held in the custody of the Pound
Keeper under the terms of the Applicable Legislation;
Remove and dispose of stray animal carcasses, wild
or domestic, from private property at a cost to the
property owner/tenant of $150.00, such costs to be
retained by the Society, and no cost per visit on Public
property to the City;
Dispose of all animal carcasses received through
pathological incineration;
Investigate all reported animal bites and report same
to relevant agencies;
Patrol roadways, road allowances and other public
lands for the purpose of observing municipal and
animal control By-Law infraction within the City; and
Assist and report to the Director any animal control
strategies for the City to deal with complaints about
animals such as Exotics and Wildlife.
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2.5 The Parties may, by mutual written agreement, amend or alter the services
described in 2.4 subject to any such amendment being in accordance with
the terms and provisions of the By-laws, this Agreement and the Applicable
Legislation.
2.6 The Society shall provide the following services which are considered to
be emergency services, 24 hours per day on each and every day, including
Saturdays, Sundays, and Statutory Holidays, throughout the duration of the
term:
2.6.1 Render assistance to City of Niagara Falls Fire Department, the
Ontario Provincial Police, the Niagara Regional Police Services, the
Ministry of Transportation of Ontario, any department of the City, and
any member of the public with respect to any situation involving:
2.6.1(1)
2.6.1(2)
The safety of an animal; or
The safety of a member of the public due to a risk of
harm, real or reasonably perceived, which might be
caused by an animal.
2.6.2 Remove and/or euthanize an animal (excluding removal of livestock)
which is injured, or is in immediate danger of injury or death, or which
poses a real or reasonably perceived risk of harm to a member of
the public.
2.6.3 Respond to the location of the emergency at any time for the above
listed matters as quickly as possible given the circumstances.
2.7 The Society, when called by the City of Niagara Falls Fire Department, the
Ontario Provincial Police, the Niagara Regional Police Services, the Ministry
of Transportation Ontario, or a department of the City shall provide an
estimated time of arrival, where possible.
2.8 In cases where the Society fails to respond to an emergency call and another
service provider has to be retained, the cost for retaining the alternate
service provider shall be deducted from the monthly service fee normally
paid to the Society.
2.9 The Society shall ensure that all instances of animals biting, scratching, or
otherwise injuring humans and any other type of exposure or contact
between a human and an animal, are immediately reported to the Regional
Niagara Public Health Department.
2.9.1 If requested to do so by the Regional Niagara Public Health
Department, the Society shall:
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2.9.1(1)
2.9.1(2)
2.9.1(3)
2.9.1(4)
Capture, collect or otherwise receive and impound
animals having injured, or caused rabies-related
exposure to humans for a period as required by the
Regional Niagara Medical Officer of Health;
Quarantine said animals if and as required;
Pursuant to an inspection of said animal by the
Regional Niagara Public Health department, and the
Regional Niagara Public Health Inspector and subject
to authorization by the Inspector, release such animals
as have been quarantined at the expiration of the
quarantine period; and
Perform such other duties related to animal control
within the area of operations as may be required by the
Regional Niagara Public Health Department,
Environmental Health Branch, from time to time,
including but not limited to live animal collections for
rabies testing and the provision of rabies vaccination
information for dogs and cats.
2.10 If quarantine costs for the Society, with respect to animals from the City of
Niagara Falls exceed $1,200/year (12 animals per year at a rate of 10 days
quarantined/animal x $10/day), the Executive Director and Director shall
meet to discuss compensation.
2.11 The Society shall designate one or more of its employees as Provincial
Offences Officers as may be required, provided same are qualified in
accordance with provincial legislation. Such persons shall be deemed to be
agents of the Society when acting on execution or intended execution of any
duty or authority under the Applicable Legislation, regulations or this
Agreement
3. INDEMNIFICATION
3.1 The Society shall indemnify and save harmless the City, its officials, officers,
employees and agents against and from all actions, causes of action,
interest, claims, demands, costs, damages, expenses, including defense
costs or loss of which the City may bear, suffer, incur, become liable for or
be put to by reason of any damage to property or injury or death to persons
by reason of, arising out of or in consequence of any breach or violation or
non-performance by the Society of any provision of this Agreement, or in
connection with the work covered by this Agreement,
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8
or by reason of or arising out of any act, neglect or default or omission by
the Society or of any of its agents or employees
4. INSURANCE
4.1 The Society shall, at its own expense, obtain and keep in force Errors &
Omissions Insurance satisfactory to the City and issued by an insurer
licensed to conduct business in the Province of Ontario. The policy shall be
for a limit of not less than $5,000,000. Said policy shall contain a clause
whereby the City shall be provided with 30 days' notice of cancellation or
intent to non-renew. The City then reserves the right to request that an
Extended Reporting Endorsement be purchased by the Society at its sole
expense. A Certificate of Insurance shall be provided to the City evidencing
policy renewal.
4.2 The Society shall maintain during the term of this Agreement insurance
coverage in the amounts and with policies in a form satisfactory to the City.
All policies shall be underwritten by insurers licensed to conduct business in
the Province of Ontario.
4.3 In particular, the City shall be added to the Society Commercial General
Liability Policy as an additional insured with respect to the operations of
the named insured. The Commercial General Liability Policy shall contain a
provision for cross liability and severability of interest as between the City
and the Society
4.4 The Society shall keep in force a Commercial General Liability Policy and
property damage insurance acceptable to the City providing insurance
coverage in respect of any one accident to the limit of at least FIVE million
($5,000,000) resulting from, or arising out of any act or omission on the part
of the Society or any of its servants or agents during the term of this
Agreement. The Society shall forward at the time of execution of the
contract, a certified copy of the policy or certificate naming the City as an
additional insured.
4.5 The Society shall also maintain such Fire & Theft Insurance, and a rider for
dishonesty of any employee or agents hired by the Society, as will provide
adequate coverage for the loss by burglary, fire, or theft of any stock or
equipment of the Society upon City premises.
4.6 The Society shall provide and maintain a Standard Owner's Form
Automobile Policy providing Third Party Liability and Accident benefits
Insurance and covering licensed vehicles owned or operated by or on behalf
of the Society, of not less than FIVE Million ($5,000,000) Dollars inclusive
per occurrence for bodily injury, death and damage to property.
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4.7 The Society shall not do or omit to do anything, which would impair or
invalidate the insurance policies. The Society shall complete the City's
Standard Certificate of Insurance and provide same to the City.
4.8 In the event that the Society fails to take out or maintain insurance as
required pursuant to the provisions of this Agreement, the City may, at its
option, be entitled to terminate this Agreement forthwith or in the alternative,
the City shall have the right to take over and maintain the required insurance
and the Society shall be required to pay the City any premium paid by the
City under the terms of any such insurance policy.
5. COMPENSATION
5.1 The City of Niagara Falls agrees to pay the Society a monthly fee for
services (taxes not applicable) as compensation for the services to be
performed pursuant to the provisions of this Agreement and during the term
of this Agreement (as set out in section 16.1) as follows:
5.1.1 In year one (January 1, 2024 to December 31, 2024 the annual
amount of $574,063;
5.1.2 In year two (January 1, 2025 to December 31, 2025) annual Increase
3% CPI;
5.1.3 In year three (January 1, 2026 to December 31, 2026) annual Increase 3%
CPI;
5.1.4 In year four (January 1, 2027 to December 31, 2027) annual Increase 3% CPI;
5.1.5 In year five (January 1, 2028 to December 31, 2028) annual Increase 3% CPI;
5.1.6 and said amounts shall be paid each year in twelve (12) equal monthly
installments paid on the 1st day of the following month.
5.1.7 The Niagara SPCA and Humane Society agree to a threshold of 3% CPI for
the contract years with the option of applying to council for the actual years
Current CPI should it experience financial hardship due to higher than
anticipated CPI increases
5.2 The Society shall receive 100% of any dog/cat tag revenues.
5.3 Notwithstanding the above, the parties acknowledge that payment in 5.1
above may be modified or amended pursuant to mutual written agreement
between the Parties
5.4 The parties acknowledge and understand that any fine revenue generated
by Provincial Offences tickets or prosecutions is and remains the property of
the City and/or the Region, as applicable.
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6. ANIMAL CONTROL HOURS OF SERVICE
6.1 Hours of operation for the City of Niagara Falls animal control services shall be as follows:
Non-Emergency Services:
Monday to Friday 8:00 a.m. to 7:00 p.m.
Saturday and Sunday 8:00 a.m. to 4:00 p.m.
Statutory Holidays 8:00 a.m. to 12:00 p.m.
Emergency Services:
On-Call 24 Hours per day - 7 days per week
6.2 The Society shall provide a 24-hour operated emergency phone service for any and all injured
animals in the City of Niagara Falls (excluding livestock).
6.3 Two officers shall be assigned to Niagara Falls, including one enforcement manager available on a
24-hour basis;
6.4 The hours of operation for animal control services are subject to amendment pursuant to mutual
written agreement between the parties.
7. ANIMAL SHELTER HOURS OF OPERATION
7.1 Hours of operation for the Animal Shelter shall be as follows:
Monday to Friday 10:00 a.m. to 4:30 p.m.
Saturday 10:00 a.m. to 4:00 p.m.
Sunday closed
7.2 All facilities operated by the Society shall be maintained in a clean and properly managed manner
in accordance with accepted standards.
7.3 The Society must install and maintain such equipment as is necessary for the proper operation of
its facilities and shall maintain the building and necessitate any repairs thereto.
7.4 The Society, as owner of the Animal Shelter, shall maintain adequate insurance against damage or
loss by fire or other occurrence respecting its facilities in accordance with the provisions of this
Agreement.
7.5 The Society shall ensure that the facilities provide a secure and suitable shelter for the holding or
housing of animals and shall be kept clean and orderly and in abeyance with Animals for Research Act
housing recommendations for animals.
7.6 The Society shall have exclusive control over their offices at the Animal Shelter.
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7.7 The Director shall retain the right to attend the Animal Shelter to inspect the premises, to inspect
the animals and the records pertaining thereto, and to review administrative and operational
procedures.
8. EQUIPMENT
8.1 The Society shall ensure that it leases or owns reliable vehicles suitable for transporting multiple
animals.
8.1.2 The Society shall ensure that its vehicles are equipped with the following, as a minimum:
8.1.3 two-way radio or cellular telephone;
8.1.4 spot light;
8.1.5 1 extra-large dog crate;
8.1.6 2 cat cages;
8.1.7 wildlife gloves, work gloves, and disposable rubber or latex gloves; and
8.1.8 quick release dog capture pole and cat grasper.
8.2 The Society shall bear all costs and expenses for the purchase or lease and maintenance of the
vehicle and all equipment.
8.3 There shall be clearly indicated upon the vehicle, by crest or other marking, its function as an
animal control services vehicle, and contact information including telephone number.
8.4 The Society must, upon request, provide for inspection satisfactory proof that:
8.5 All vehicles utilized in the provision of canine and/or animal control services are properly registered
and licensed; and,
8.6 The Society has all required licenses, permits, certifications, and authorizations, required by any
applicable law.
9. REPRESENTATIONS AND WARRANTIES OF THE SOCIETY
9.1 The Society hereby warrants and represents that it has the expertise to provide to the City the
services identified in this Agreement.
9.2 The Society hereby warrants and represents that its employees and agents shall be well qualified,
trained and experienced in all aspects of the duties and responsibilities required to be performed
pursuant to the provisions of this Agreement.
4.3 The Society hereby warrants and represents that its equipment is in good working condition and
that it has ready access to all materials and accessories required for the completion of this Agreement.
10. RECORDS
10.1 The Society shall be required to complete and maintain any records required to be maintained
pursuant to the provisions of the By-laws or related to the matters set out in this Agreement. Further,
the Society shall complete and maintain records evidencing the completion of the services to be
provided to the City pursuant to this Agreement.
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10.2 The Society shall, at their own expense, be responsible for obtaining, maintaining and keeping
available for inspection and copying, all City and other licenses, building and other permits, necessary
to permit them, their employees, or company to carry out the requirements of this Agreement.
10.3 The Society, for the purposes of the administration and enforcement of the By-laws and this
Agreement shall collect statistical and other information and keep such records, including financial
records, in accordance with the Applicable Legislation, the Municipal Freedom of Information and
Protection of Privacy Act, R.S.O. 1990, c. M.56, or any other relevant legislation. The City may require
information from the Society concerning the administration of this Agreement and the Society will
provide such information from time to time in a form stipulated by the City. The Society shall provide an
audited statement of revenue and expenditures to the City, when requested.
10.4 The Society shall maintain complete records of all animals received, collected, impounded, and
euthanized.
10.5 The Society shall maintain complete records of all dead animals collected and disposed of.
10.6 The Society shall maintain records which can be searched and accessed on the basis of: (1)
specific property location (i.e. municipal address), where a complaint or enforcement process pertains
to a property upon which the animal control issue relates; and (2) animal owner name and address,
where an animal's owner is documented.
10.7 The Society shall maintain the records of animal control with respect to the City, separately from
records pertaining to its other responsibilities, such as animal care, or animal control for other
municipalities, outside the scope of this agreement.
10.8 The City may audit on an annual basis and at the City of Niagara Fall's own expense, the work
being done by the Society and the records related hereto.
11. COMPLAINTS PROCESS
11.1 In the event of a public complaint regarding the conduct of the Society, while fulfilling its
obligations under this contract, the following policy and procedure shall apply:
11.1.1 All complaints will be forwarded, in writing, to the Director and Executive Director;
11.1.2 Upon receipt of a complaint, the Director shall investigate the matter, give due consideration to
all factors pertaining thereto including an opportunity by the Society to respond, and may, at his
absolute discretion, pursue whatever avenue of inquiry seems most appropriate.
11.2.3 The Society will be notified in writing of the decision, if any, rendered by the Director resolving
the complaint.
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13
12. COMPLIANCE
12.1 The Society shall keep Material Safety Data Sheet or Information Sheets on all W.H.M.I.S.
regulated or "controlled substance" materials on the premises.
12.2 The Society shall ensure that all material safety data sheets are current, contain all required
information under the W.H.M.I.S. Legislation (Occupational Health & Safety Act of Ontario, R.S.O.
1990, c.0.1, as amended) and that they are dated and signed for future review.
12.3 The Society warrants that the service supplied to the City conform in all respects to the standards
set forth by federal and provincial agencies and failure to comply with this condition will be considered
a breach of contract.
12.4 The Society shall submit an original Certificate of Good Standing from the Ontario Workplace
Safety and Insurance Board on request by the City and shall provide additional certificates as often as
is deemed necessary by the City during the interim of the contract to ensure continued good standing
with the Workplace Safety and Insurance Board.
12.5 In the alternative to section 12.4, The Society shall provide proof to the City from the Workplace
Safety and Insurance Board that The Society does not require Workplace Safety and Insurance Board
Insurance. If the Society changes its status with the Workplace Safety and Insurance Board during the
term of the contract such that coverage is required, THE SOCIETY shall immediately provide the City
with the W.S.I.B. Clearance Certificate.
13. RELATIONSHIP
13.1 The Society shall for all purposes of the Agreement be considered as an independent contractor,
not as an agent or partner of the City and further, this Agreement and the relationship between the
Society and the City shall not constitute a joint venture between the Society and the City.
13.2 It is understood and agreed that at all times the Society and any servant, agent or employee of
the Society who may from time to time carry out the services hereunder on behalf of the City shall not
be deemed to be an employee of the City.
14. TERMINATION OR DEFAULT
14.1 Any party to this Agreement may terminate the Agreement at any time by providing a minimum of
90 calendar days' written notice to the other party to the Agreement.
14.2 If the Society refuses or fails to comply with any of the terms and conditions set out in this
Agreement, or with any proper order or request of the City, and such refusal or failure is not rectified by
the Society within the time period set out in the notice in writing from the City setting out the particulars
of such refusal or failure the City may terminate by notice in writing to the Society
14.3 Subject to the provisions of the Bankruptcy and Insolvency Act or any successive Legislation or
any other applicable Legislation, where, during the term of the contract, the Society makes an
assignment for the benefit of its creditors, or becomes bankrupt or insolvent, or undergoes
reorganization, or makes a proposal to its creditors, or otherwise becomes financially unable to
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14
perform this contract, the City may, at its option, declare the contract immediately terminated. Where
the City declares the contract immediately terminated, the City shall be entitled to enter into a contract
with another party without the consent of the Society. The said declaration of immediate termination of
the contract by the City and the City entering into a contract with another vendor shall in no way
prejudice any rights or remedies that the City may have in law against the Society.
14.4 In addition to the rights set out in section 14.2, the City shall, in the event of default on the part of
the Society under any terms or conditions of this agreement, including legal work stoppages or
otherwise, be authorized to give notice of default, and serve notice of intention to make a demand for
any and all costs incurred by the City acquiring alternative services (provided the cost does not exceed
the agreement sum for the time period involved). The liability of the Society to the City in the event of
default shall be limited to the fee amount for the year in question prorated to a daily or weekly basis to
cover the duration of the default.
15. GENERAL PROVISIONS
15.1 The Society shall comply with all applicable statutes, laws, by-laws, regulations, ordinances,
notices and orders whether federal, provincial, municipal or otherwise, at any time in effect during the
currency of this contract, and all rules and requirements of the police and fire departments, or other
governmental authorities, and procure all Canadian Safety Association approvals, if required.
15.2 The Society shall, at its own expense, be responsible for maintaining and keeping all municipal,
provincial or other licenses, certificates, or approvals necessary to permit their business operations
and employees, if any, to carry out the requirements of the Agreement.
15.3 The Society shall not assign this contract or any work to be performed under it without the prior
written consent of the City. Any written consent granted by the City shall not under any circumstances
relieve the Society of its liabilities and obligations under this Agreement and shall be within the sole
and unfettered discretion of the City.
15.4 If any term, covenant or condition of this Agreement or the application thereof shall, to any extent,
be invalid or unenforceable, the remainder of this Agreement and/or the application of such term to
circumstances other than those to which it is held invalid or unenforceable, shall not be affected
thereby and each term or condition of this Agreement shall be separately valid and enforceable to the
fullest extent permitted by law.
15.5 In order to maintain an acceptable standard of service, meetings will be held at the direction and
convenience of the General Manager and or Executive Director. Periodic meetings will be scheduled
and representation at these meetings, which will be known as "Animal Control Service Meetings" will
include an authorized representative of:
15.5.1 The Society and the Executive Director;
15.5.2 The Director; and
15.5.3 Such other persons as may be invited by the Director and or the Executive Director.
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15.6 Any written notice or any other thing to be given or delivered pursuant to this Agreement shall be
deemed properly given if delivered personally or mailed by registered mail to the other party at its
address as follows:
To the City at:
The Corporation of the City of Niagara Falls 4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario, L2E 6X5
Attention:
and to the Society at:
Niagara SPCA and Humane Society
706 East Main Street
Welland, ON L3B 3Y4
Attention: Executive Director
and such notice shall be deemed to have been given at the time it was personally delivered, or three
(3) business days from the date of mailing, as the case may be.
10.7 This Agreement sets forth all of the covenants, agreements and conditions between The Society
and the City with respect to Animal Control and Municipal Pound Services, and there are no other
covenants, agreements, conditions or representatives either oral or wr itten between them other than
are herein.
16. DURATION OF AGREEMENT
16.1 This Agreement takes effect on January 1, 2024 and will remain in force until December 31, 2028,
unless earlier terminated.
16.2 This agreement may be renewed for an additional term of four (4) years on the mutual consent of
the parties.
16.3 This agreement supersedes all previous agreements concerning animal control and municipal
pound services between The Society and the City.
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IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement.
THE CORPORATION OF THE CITY OF NIAGARA FALLS
___________________________
James M. Diodati, Mayor
________________________
William G. Matson, City Clerk
Niagara SPCA and Humane Society
Name_____________________
Title_______________________
Signature_________________________
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1Page 56 of 679
The Welland & District SPCA has
existed since 1954 and the Niagara
Falls Humane Society since 1947
In 2018, the Welland SPCA and
Niagara Falls Humane Society
amalgamated to form the Niagara
SPCA and Humane Society.
2Page 57 of 679
3
*The Niagara SPCA services the municipalities
of Welland, Niagara Falls, Port Colborne,
Wainfleet, Pelham, Lincoln, West Lincoln and
Haldimand County
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4
Opened in 2014 as a high
volume, low cost spay neuter
clinic
Services available to
anyone from anywhere
In 2017, the clinic was
certified as a full companion
animal clinic
To date we have performed
over 56, 000 surgeries
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5
*Page 60 of 679
6
Established in 2015, it was the first of its kind in Ontario
Initially authorized by CVO to service First Nations communities
License expanded to feral cat/rescue groups and low income clients
(as defined by third party community organization)Page 61 of 679
7
SPCA personnel are available to attend schools, youth groups, etc.
to provide humane education
We also provide bite prevention training to Niagara Region Public
Health Department Inspectors.Page 62 of 679
8
Animal control and bylaw
enforcement services
24 hour emergency response
Officers trained in use of force
Officers with years of experience
Most officers have post-secondary
education pertaining to law and
security administration
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9
In-house production of video, radio, photographic, and print material allows a
quality professional public-facing image at substantial cost savings over
outsourcing.
Our multimedia producer’s services have been used by the Sarnia Humane
Society as well as the Ontario SPCA for both their annual educational
conference and the Northern Animal Summit held in Sudbury in 2018Page 64 of 679
10
Animal Services
6 Animal Services Officers
4 senior managers to oversee deptartments
ANIMAL CARE (shelter operations)
18 Animal Care Attendants, 2 Registered Veterinary Technicians
VETERINARY CLINIC (separate from shelter operations)
3 Veterinarians, 2 Registered Veterinary Technicians, 4 Support Staff
Page 65 of 679
11
Through a corporate donations, the Niagara SPCA was able to
distribute thousands of pounds of pet food to those in need through
food banks and other community service organizations.Page 66 of 679
12Page 67 of 679
13
*Page 68 of 679
14
*
Two dogs dumped in Fireman's park in the
bushes Harriet and Franklin, treated by our
medical team for over two months before
being able to be adopted out
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15
*Page 70 of 679
16
*Page 71 of 679
17
*Page 72 of 679
18Page 73 of 679
19
*Page 74 of 679
PBD-2023-82
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Planning Services Fee Review
Recommendation(s)
It is recommended that:
1. Council approve the recommendations contained in the Planning Services Fee
Study; and
2. That Council approve an additional 3% increase in fees for 2024 to reflect the
cost of living increase.
Executive Summary
Under the Planning Act, Municipalities are permitted to collect fees only for the
anticipated cost of processing each type of application. To determine these costs, the
City has been conducting its first comprehensive review of Planning fees in 15 years.
A comprehensive analysis, including a detailed efforts estimates, and a consideration of
direct, indirect and capital costs incurred by the City in processing applications, has
been completed to determine the recommended fees to ensure full cost recovery.
It is recommended that the fees indicated in the Planning Fee Study listed as Appendix
A be incorporated into the 2024 Schedule of Fees By-law, along with a recommended
cost of living increase of 3%, to ensure full cost recovery for processing development
applications is achieved.
Background
The authority for municipalities to charge fees for development applications falls under
Section 69 of the Planning Act. Fees can be charged only for the anticipated cost to the
municipality for processing of each type of application.
Fees for Planning Act applications were last comprehensively reviewed in 2008. Since
that time, changes to the Provincial legislation and policies, as well as City practices,
such as the introduction of the requirement of neighbourhood open houses with Official
Plan and Zoning By-law amendment applications, have had substantial impact on the
time spent processing applications. Given the impact on the employees' time spent on
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application processing and the subsequent costs incurred by the City, a comprehensive
review of Planning fees is necessary.
In its 2023 budget, Council authorized a budget of $50,000.00 to conduct a Planning
Fee study. Watson and Associates Economists were retained in April 2023 to conduct
the study.
The Planning Fee Study's goal is to determine appropriate fees for full cost recovery
related to the processing of development applications including the following:
Official Plan Amendment applications
Zoning By-law Amendment applications and requests for Minister's Zoning
Orders
Site Plan applications
Subdivision and Condominium applications
Part Lot Control and Deeming By-law requests
Consent and Minor Variance applications
Sign By-law amendments and variances
Telecommunication Tower review
Fees for additional submissions of applications
Engineering administration fees (post registration, subdivision and vacant land
condominiums)
Engineering inspection fees (post registration, subdivision only)
Pre-consultations
The study has included a detailed efforts estimates survey amongst staff to determine
the time staff are spending on reviewing and processing development applications. In
addition, the City conducted a consultation meeting on the draft findings of the study
with members of the building and development industry, which is discussed below.
The costs determined through the study are broken down as follows:
Direct costs - Salaries, wages and benefits;
Direct costs- other (includes materials, services and contract service costs
assumed by the City that are directly related to application processing);
Indirect costs - other costs incurred by the City that indirectly support the
processing of planning applications, such as Council and Clerks, Corporate
Services, IT, Human Resources and Procurement; and
Capital costs - proportional utilization of the City's facilities including facility
replacement costs.
On November 18, 2023 Council adopted Official Plan Amendment No. 155 and passed
By-law No. 2023-108, which delegates certain approval of applications to staff
(delegated authority), including minor Zoning By-law amendments, the lifting of hold
zones, plans of condominium, extensions or modifications to subdivisions and part lot
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control and deeming by-law approvals. To ensure no more than cost recovery is being
achieved, the consultant and staff have estimated the reduction in efforts as a result of
delegated authority and included the results in the final study.
Analysis
A summary of the reports findings are as follows:
An analysis of the efforts estimates in reviewing and processing development
applications indicates that efforts take up the equivalent of 10.6 full time
equivalents.
While cost recovery is being achieved for certain applications (Minor Variances
and Part Lot Control requests). other applications do not achieve cost recovery,
with only between 69% and 82% of costs being recovered.
Pre-consultation is an important tool in ensuring complete applications that can
be processed in mandated timelines are submitted. Currently only 43% of costs
are being recovered for pre-consultation.
Total annual costs (2023) the City incurs from processing these applications is
calculated to be $1,771,103.
Annual revenue under current fees is $1,346,585, resulting in a shortfall of
$424,518 (76% of costs across the board being recovered).
Engineering Administration and Inspection Costs relate to tasks conducted after
a subdivision or vacant land condominium is registered. These tasks include
necessary review and inspection of works, including facilities to be assumed by
the City, prior to assumption and release of securities. As draft approvals of
subdivisions and condominiums occasionally lapse, these fees are not collected
up front but rather at the time of execution of agreements.
Further details are included in the Planning Fee Study attached as Appendix A.
A brief overview of some significant recommended fees is shown below. A complete list
is included in in the study listed in Appendix A.
Application type Current Fee Recommended Fee
Official Plan and Zoning By-law
Amendment
$14,600
$17,500 (High Rise Bldg)
$16,000 (Standard)
$21,000 (Major)
$25,000 (High Rise Bldg)
Zoning By-law Amendment
$6,100 (Standard)
$13,000 (Major)
$15,700 (High Rise Bldg)
$12,500 (Standard and
Minister's Zoning Orders)
$7,800 (Minor)
$17,000 (Major)
$18,500 (High Rise Bldg)
Lifting of a Hold Zone $2,000 $2,100 (Standard)
$3,700 (Major)
Site Plan
$5,500 (Standard)
$7,500 (High Rise Bldg)
$1,550 (Amendment)
$8,500 (Standard)
$11,500 (High Rise Bldg)
$3,200 (Amendment)
Subdivision $14,600 $13,900 + $25 per unit
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Vacant Land Condominium $10,800 $12,000 + $25 per unit
Common Element/Standard
Condominium $3,000-$4,300 $10,600
Modification to Subdivision
Approval $2,600 $3,700
Extension to Subdivision Draft
Approval $1,050 $2,000
Exemption from Draft Approval $3,000 unchanged
Part Lot Control $1,850 plus $510 for each
additional lot/block
$1,500 plus $500 for each
additional lot/block
Consent Application (1 lot) $3,675 $3,900
Minor Variance Application $2,300 $2,080
Sidewalk Cafe Application $525 $1,000
Telecommunication Tower
Review no fee $1,300
Engineering Administration Fee
(Subdivision and Vacant Land
Condominium)
3% of engineering works 3.75% of engineering works
Engineering Inspection Fee
(Subdivision Only) 2.5% of engineering works 3.1% of engineering works
Pre-Consultation - Consents $750 $1,500
Pre-Consultation - OPA, Zoning
By-law, Subdivision,
Condominium, Site Plan
$750-$1,500 $2,900
On November 1, A virtual open house on the proposed fee changes was held with
interested persons from the development industry. Watson and Associates presented
the preliminary findings to approximately 13 interested persons. In addition, an email
from a concerned developer has been received. The following comments were made,
along with staff and consultant responses.
Comment Response
Under which legislative authority does the
municipality have the right to collect fees
for a pre-consultation
Section 69 of the Planning states the City
may establish a tariff of fees to meet the
anticipated cost of processing each type
of application.
Pre-consultation is required across the
Region and fees are charged in most
municipalities for this service. As with
other applications the recommended fees
reflect the costs incurred in processing
the application.
A review by the City Solicitor confirmed
the City has the right to charge fees for
pre-consultation up to the amount of the
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anticipated cost of providing this service
under Section 69 of the Planning Act.
What is the justification for collecting for
indirect costs related to applications and
why are they proposed to be
compensated under application fees
Section 69 of the Planning Act does not
specifically define the scope of
processing activities or limit indirect
costs. Watson has done a
comprehensive review of all costs
incurred including indirect and capital
costs (summarized above), this approach
has been used for analyses done for
other municipalities. These amount to
approximately 14% of the overall cost of
processing applications with direct costs
accounting for 86% of the overall costs.
Similar to a consultant's billing these
overall costs are incurred by processing
applications, however fees are not
collected for profits or reserves.
Why is charging an additional fee per unit
or lot in a plan of subdivision or
condominium application proposed?
The efforts analysis revealed employee
time and effort increases based on the
number of units in a subdivision and
condominium; often a larger application is
accompanied by more studies, and larger
number of units results more
infrastructure or roads to review. The
consultant and staff are of the opinion
that scaling the application fees based on
the number of units is the most
defendable way to address the increased
cost.
Notes increase in fee for zoning or
combined applications with 4 or more
studies. Disagrees that number of studies
means a more complex application and
seeks clarification if minor addendums to
previous studies will be accounted for.
Fees are recommended to be increased
for zoning or combined Official
Plan/zoning amendment applications as
considerable staff time is spent in
reviewing lengthy and complex studies
that are required to address extensive
policy regimes or complex infrastructure
situations. Discretion should be used to
avoid counting brief addendums. The
draft fee schedule should be amended to
specify full studies.
How many studies are used to
differentiate between a minor or major
hold zone lifting request?
More than 2 studies will trigger a major
hold zone lifting request and a larger fee,
to reflect additional staff time in reviewing
a request.
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Staff also note the following with respect to recommended fees:
While certain fees are recommended to be substantially increased, many of the
fees (i.e. joint Official Plan and Zoning By-law Amendment applications,
Subdivisions and Consents) are going up modestly as current fees are close to
cost recovery.
Fees for processing of Standard and Conversion Condominiums are proposed to
go up substantially to reflect work that goes into these applications. However
these applications are uncommon for the City to receive. Part of the reason is
that developers are now opting to request the City exempt them from requiring
City approval of Standard Condominiums, a process allowed under the
Condominium Act where the City is satisfied planning matters have been dealt
with through previous application processes.
Fees for certain applications (Part Lot Control and Minor Variances) are
recommended to be reduced based on efforts estimates. Staff believe that
efficiencies have been found for Part Lot Control applications by preparing a
memo for Council rather than a full staff report.
Official Plan and Zoning By-law Amendment applications are recommended to to
have higher fees for "major" applications (where 4 or more studies are required)
and lower fees for "standard" applications (3 or less studies) to continue the
practice of differentiating between the costs incurred while processing more
complex applications.
Fees for applications include 2 submissions. The current practice of charging
additional fees for further submissions is recommended to continue.
A reduced Pre-Consultation fee is recommended for Consents (ie. below cost
recovery), due to the small scale nature of these applications, with a modest
increase to the application fee to ensure full cost recovery.
Despite the fee increases, City fees would largely remain in the mid range
compared to other Regional municipalities. Furthermore, total costs to develop
an industrial building in the City would be the lowest in the Region.
Note that the figures do not include a cost of living 3% increase that is being
applied to other fees in in the Schedule of Fees By-law. This increase would
need to be incorporated into the Schedule of Fees By-law to maintain full cost
recovery.
Staff note the increased site plan fee does not factor in the requirement for a
zoning confirmation certificate, which requires the submission of a $231.75 fee
(2024) prior to the submission of a site plan application. To maintain cost
recovery, the site plan application fee will be reduced by the amount of this
certificate fee. Other applications are not affected by the certificate requirement.
A review of the impact of delegated authority indicates a minor reduction in fees
for most affected applications. From the release of the report draft to the
development community the reduction in fees is estimated to be between 7% and
17% of the affected applications.
Delegated authority has also resulted in a recommendation for a new fee
category for minor Zoning By-law applications (zoning for more basic proposals
that do not require any more studies than a planning report). A substantial
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reduction in the proposed fee from the original draft of this report is
recommended to reflect an estimated decrease in processing time as compared
to a standard zoning application.
Overall, the review of the impact of delegated authority results in an estimated
reduction in revenue of about $32,000 from the original draft of this report.
Reductions in costs to reflect delegation authority are an estimate at this time and
should be reviewed as staff work once staff have processed applications under this
process, to get an accurate idea of the actual costs incurred, Staff recommend a report
back to Council in approximately a year's time to examine any changes to costs
incurred to processing applications and any recommended changes to fees.
Staff recommend implementation of the findings of the Planning Fee Study to ensure full
cost recovery related to application processing.
Adoption of the recommendations and the confirmatory by-law on tonight's agenda will
approve the changes to the Schedule of Fees By-law. A housekeeping update will be
made to the Schedule of Fees By-law if the recommendations are approved.
Financial Implications/Budget Impact
Based on application activity since 2017, achieving full cost recovery is expected to
generate an additional $424,518 annually in revenue, depending on development
application activity.
Should fees not be increased to full cost recovery, funds will need to continue to be
assigned from the tax levy to make up the shortfall.
Strategic/Departmental Alignment
Reviewing the current fee model for development applications and achieving full cost
recovery aligns with the Financial Sustainability Pillar as it undertakes a review of fees
to better ensure responsible financial management and fair assignment of costs by
ensuring development pays for itself.
Contributor(s)
James Dowling, Finance
Matt Greenfield, Finance
List of Attachments
City of Niagara Falls Planning Fees Study Report FINAL Dec 2023
Written by:
Andrew Bryce, Director of Planning
Submitted by: Status:
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Andrew Bryce, Director of Planning Approved
- 04 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
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Watson & Associates Economists Ltd.
905-272-3600
December 1, 2023 info@watsonecon.ca
Planning Fees Study
City of Niagara Falls
________________________
Final Report
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Watson & Associates Economists Ltd.
H:\Niagara Falls\2023 Planning Fee Study\Report\City of Niagara Falls Planning Fees Study Report FINAL Updated.docx
Table of Contents
Page
1. Introduction...................................................................................................... 1-1
1.1 Background Information .......................................................................... 1-1
1.2 Legislative Context for the Imposition of Planning Application Fees ....... 1-1
1.2.1 Planning Act, 1990 ..................................................................... 1-2
1.2.2 Municipal Act, 2001 .................................................................... 1-4
2. Activity Based Costing User Fee Methodology ............................................ 2-1
2.1 Activity Based Costing Methodology ....................................................... 2-1
2.2 User Fee Costing Category Definition..................................................... 2-2
2.3 Process Map Documentation .................................................................. 2-5
2.4 Processing Effort Estimate Collection, Reasonability Check and
Cost Allocations ...................................................................................... 2-6
2.5 Full Cost of Providing Planning Application Reviews .............................. 2-8
2.5.1 Direct Costs ............................................................................... 2-8
2.5.2 Indirect Costs ............................................................................. 2-9
2.5.3 Capital Costs ............................................................................ 2-10
3. Full Cost Assessment and Fee Recommendations ...................................... 3-1
3.1 Introduction ............................................................................................. 3-1
3.2 Full Cost of Planning Applications and Fee Recommendations .............. 3-1
4. Impact of Recommended Fees on Development .......................................... 4-1
4.1 Introduction ............................................................................................. 4-1
4.2 Low Density Residential Development.................................................... 4-1
4.3 High Density Residential Development ................................................... 4-2
4.4 Retail Development................................................................................. 4-3
4.5 Industrial Development ........................................................................... 4-4
5. Conclusion ....................................................................................................... 5-1
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Report
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Watson & Associates Economists Ltd.
H:\Niagara Falls\2023 Planning Fee Study\Report\City of Niagara Falls Planning Fees Study Report FINAL Updated.docx
Chapter 1
Introduction
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Watson & Associates Economists Ltd. PAGE 1-1
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1. Introduction
1.1 Background Information
The City of Niagara Falls (City) retained Watson & Associates Economists Ltd.
(Watson) to conduct a review of its planning application fees, including engineering
review and inspection fees. This report summarizes the findings and recommendations
of the City’s planning application fees review undertaken by Watson.
This document provides the context for which the review is being undertaken (i.e., the
study process and the legislation governing the fees within the scope of this review).
Moreover, it contains the methodology utilized to calculate the full costs of service (i.e.,
inclusive of direct, indirect, and capital costs) and summarizes the results of the full cost
assessment. Finally, it provides the fee recommendations, which have been developed
with regard for the governing legislation, improving cost recovery from applicants to fund
the provision of services, reducing unintended municipal property tax funding, and
applicant affordability relative to market comparators.
The Planning Act has been amended recently by the More Homes for Everyone Act,
2022 and the More Homes Build Faster Act, 2022. These amendments (which are
discussed further in Section 1.2) impact the process for reviewing planning applications
and a municipality’s ability to recover costs. Fees for the processing of planning
applications assessed within this review reflect the current processes that are in place
within the City. These processes and fees will continue to be studied and monitored by
the City in response to these recent amendments, and further legislative changes to the
application review processes.
1.2 Legislative Context for the Imposition of Planning
Application Fees
Development application fees are governed by multiple statutes, each with specific
requirements. The City’s statutory authority for imposing planning application fees is
provided under Section 69 of the Planning Act. For municipal services where specific
statutory authority is not provided (e.g., development engineering), municipalities can
impose fees and charges under Part XII (s. 391) of the Municipal Act. This section
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provides the legislative authority for the development application fees imposed by the
City.
1.2.1 Planning Act, 1990
Section 69 of the Planning Act allows municipalities to impose fees through a by-law for
the purposes of processing planning applications. In determining the associated fees,
the Act requires that:
“The council of a municipality, by by-law, and a planning board, by resolution, may
establish a tariff of fees for the processing of applications made in respect of
planning matters, which tariff shall be designed to meet only the anticipated cost to
the municipality or to a committee of adjustment or land division committee
constituted by the council of the municipality or to the planning board in respect of
the processing of each type of application provided for in the tariff.”
Section 69 establishes the requirements that municipalities must consider when
undertaking a full cost recovery fee design study. The Act specifies that municipalities
may impose fees through by-law and that the anticipated costs of such fees must be
cost justified by application type as defined in the tariff of fees (e.g., Subdivision, Zoning
By-law Amendment, etc.). Given the cost justification requirements by application type,
this would suggest that cross-subsidization of planning fee revenues across application
types is not permissible. For instance, if Minor Variance application fees were set at
levels below full cost recovery for policy purposes this discount could not be funded by
Subdivision application fees set at levels higher than full cost recovery. Our
interpretation of Section 69 is that any fee discount must be funded from other general
revenue sources such as property taxes. In comparison to the cost justification
requirements of the Building Code Act, where the justification point is set at the
aggregate level of the Act, the requirements of the Planning Act are more stringent in
this regard.
The legislation further indicates that the fees may be designed to recover the
“anticipated cost” of processing each type of application, reflecting the estimated costs
of processing activities for an application type. This reference to anticipated costs
represents a further costing requirement for a municipality. It is noted that the statutory
requirement is not the actual processing costs related to any one specific application.
As such, actual time docketing of staff processing effort against application categories
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or specific applications does not appear to be a requirement of the Act for compliance
purposes. As such our methodology, which is based on staff estimates of application
processing effort, meets the requirements of the Act and is in our opinion a reasonable
approach in determining anticipated costs.
The Act does not specifically define the scope of eligible processing activities and there
are no explicit restrictions to direct costs as previously witnessed in other statutes.
Moreover, amendments to the fee provisions of the Building Code Act provide for
broader recognition of indirect costs. Acknowledging that staff effort from multiple
business units is involved in processing planning applications, it is our opinion that such
fees may include direct costs, capital-related costs, support function costs directly
related to the service provided, and general corporate overhead costs apportioned to
the service provided.
The payment of Planning Act fees can be made under protest with appeal to the Ontario
Land Tribunal (OLT) if the applicant believes the fees were inappropriately charged or
are unreasonable. The OLT will hear such an appeal and determine if the appeal
should be dismissed or direct the municipality to refund payment in such amount as
determined. These provisions confirm that fees imposed under the Planning Act are
always susceptible to appeal. Unlike other fees and charges (e.g., development
charges) there is no legislated appeal period related to the timing of by-law passage,
mandatory review period, or public process requirements.
1.2.1.1 More Homes for Everyone Act, 2022
The Province recently approved the More Homes for Everyone Act. One of the
amendments to the Planning Act enacted by the Act are requires municipalities to
refund Zoning By-Law Amendment and Site Plan application fees if legislated
timeframes for decisions/approvals are not met. Furthermore, the Act also includes the
ability for municipalities to deem Site Plan applications incomplete and require
additional information be provided with the submission of an application.
1.2.1.2 More Homes Built Faster Act, 2022
The More Homes Built Faster Act, 2022 received Royal Assent on November 28, 2022.
The Act imposes a number of changes to the Planning Act, and other growth
management and long-range planning initiatives at the municipal level, amongst
changes to other pieces of legislation. Some of the planning related changes include:
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• Increased housing targets by municipality;
• Removal of planning policy and approval responsibilities for Niagara Region
(among other upper tier municipalities in the province);
• Integration of Place to Grow and Provincial Policy Statement; and
• Changes to expand/support rental and affordable housing supply opportunities.
The recommendations provided herein have been made in the context of the current
state of application review processes and responsibilities of Niagara Region and the
City.
1.2.2 Municipal Act, 2001
Part XII of the Municipal Act provides municipalities and local boards with broad powers
to impose fees and charges via passage of a by-law. These powers, as presented in
s.391 (1), include imposing fees or charges:
• “for services or activities provided or done by or on behalf of it;
• for costs payable by it for services or activities provided or done by or on behalf
of any other municipality or any local board; and
• for the use of its property including property under its control.”
• This section of the Act also allows municipalities to charge for capital costs
related to services that benefit existing persons. The eligible services for
inclusion under this subsection of the Act have been expanded by the Municipal
Statute Law Amendment Act. Moreover, the amendments to the Act have also
embraced the broader recognition for cost inclusion within municipal fees and
charges with recognition under s.391(3) that “the costs included in a fee or
charge may include costs incurred by the municipality or local board related to
administration, enforcement and the establishment, acquisition and replacement
of capital assets”.
Fees and charges included in this review, permissible under the authority of the
Municipal Act would include development engineering fees and other fees that are not
specifically provided for under Section 69 of the Planning Act.
In contrast to cost justification requirements under other legislation, the Municipal Act
does not impose explicit requirements for cost justification when establishing fees for
municipal services. In setting fees and charges for these services, however,
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municipalities should have regard for legal precedents and the reasonableness of fees
and charges. The statute does not provide for appeal of fees and charges to the OLT;
however, fees and charges may be appealed to the courts if municipalities are acting
outside their statutory authority. Furthermore, no public process or mandatory term for
fees and charges by-laws is required under the Act. There is, however, a requirement
that municipal procedural by-laws provide for transparency with respect to the
imposition of fees and charges.
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Chapter 2
Activity Based Costing User
Fee Methodology
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2. Activity Based Costing User Fee Methodology
2.1 Activity Based Costing Methodology
An A.B.C. methodology, as it pertains to municipal governments, assigns an
organization's resource costs through activities to the services provided to the public.
Conventional municipal accounting structures are typically not well-suited to the costing
challenges associated with application processing activities as these accounting
structures are business unit focused and thereby inadequate for fully costing services
with involvement from multiple business units. An A.B.C. approach better identifies the
costs associated with the processing activities for specific application types and thus is
an ideal method for determining the full cost of processing applications and other user
fee activities.
As illustrated in Figure 2-1, an A.B.C. methodology attributes processing effort and
associated costs from all participating municipal business units to the appropriate
service categories (user fee costing categories). The definition of these user fee costing
categories is detailed in Section 2.2. The resource costs attributed to processing
activities and user fee costing categories include direct operating costs, indirect support
costs, and capital costs. Indirect support costs are allocated to direct business units
according to operational cost drivers (e.g., human resource costs allocated based on
the relative share of full-time equivalent (FTE) positions supported). Once support costs
have been allocated amongst direct business units, the accumulated costs (i.e., indirect,
direct, and capital costs) are then distributed across the various user fee costing
categories, based on the business unit’s direct involvement in the processing activities.
The assessment of each business unit’s direct involvement in the user fee review
processes is accomplished by tracking the relative shares of staff processing efforts
across the sequence of mapped process steps for each user fee category. The results
of employing this costing methodology provides municipalities with a better recognition
of the costs utilized in delivering user fee processes, as it acknowledges not only the
direct costs of resources deployed but also the operating and capital support costs
required by those resources to provide services.
The A.B.C. model used for the Planning Fees Review was initially adapted from the
model developed for the City’s recently completed Building Permit Fee Review.
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Figure 2-1
Activity-Based Costing Conceptual Flow Diagram
2.2 User Fee Costing Category Definition
The City provides a variety of planning application review services that require
involvement from individuals across the organization; these services are captured in
various cost objects or user fee categories. A critical component of the full cost user
fees review is the selection of the costing categories. This is an important first step as
the process design, effort estimation and subsequent costing is based on these
categorization decisions. It is also important from a compliance standpoint where, as
noted previously, the Planning Act requires user fees to be cost justified by application
type consistent with the categorization contained within the City’s tariff of fees.
Moreover, it is equally important in costing user fees to understand the cost/revenue
relationships for the individual activities provided by the City beyond the statutory cost
justification requirements at the service level.
The City’s A.B.C. user fee model allocates the direct and indirect costs presented in the
following sections across these defined user fee categories. Categorization of user fees
occurred during the project initiation stage of the study and through subsequent
discussions with City staff. The user fee costing categories included in the A.B.C.
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model and later used to rationalize changes to the City’s fee structure are presented in
Table 2-1. While many of these costing categories reflect the City’s current fee
schedule, new categories were also included to understand the difference in application
processing complexity and costs for activities/services that the City currently provides
but does not impose a fee. Additional costing categories that were included, in
comparison to current fees, include:
• Greenfield and infill distinctions across most application types to assess
differences is processing costs by geographic area;
• Standard and major Official Plan Amendments;
• Standard and major Removal of Holding Provision applications;
• Residential vs non-residential Site Plan applications and residential applications
by size; and
• Subdivision and Condominium applications by size to inform cost differences as
applications increase in size (i.e., number of lots).
Table 2-1
Planning Application Costing Categories
# Costing Category Description
Official Plan Amendment
1 Official Plan Amendment - Major - Infill
2 Official Plan Amendment - Standard - Infill
3 Official Plan Amendment - Major - Greenfield
4 Official Plan Amendment - Standard - Greenfield
5 Official Plan Amendment - Additional Submissions
Pre-consultation
6 Preconsultation (consent)
7 Preconsultation (all other applications)
8 Preconsultation - Additional Submissions
Zoning By-law Amendment
9 Zoning By-law Amendment - High Rise Buildings (>10 storeys)
10 Zoning By-law Amendment - Major - Infill
11 Zoning By-law Amendment - Standard - Infill
12 Zoning By-law Amendment - Major - Greenfield
13 Zoning By-law Amendment - Standard - Greenfield
14 Zoning By-law Amendment - Minor
15 Request for a MZO or Review of Ministry Initiated MZO
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# Costing Category Description
16 Request to lift a Holding (H) Regulation - Major
17 Request to lift a Holding (H) Regulation - Standard
18 Zoning By-law Amendment - Additional Submissions
Combined Official Plan Amendment & Zoning By-law Amendment
19 Combined - OPA & ZBA - High Rise Buildings (>10 storeys)
20 Combined - OPA & ZBA - Major - Infill
21 Combined - OPA & ZBA - Standard - Infill
22 Combined - OPA & ZBA - Major - Greenfield
23 Combined - OPA & ZBA - Standard - Greenfield
24 Combined - Additional Submissions
Site Plan
25 Site Plan - High Rise Buildings (>10 storeys)
26 Site Plan - Standard
27 Site Plan - Residential (50 units)
28 Site Plan - Non-residential
29 Amendment to Site Plan Agreement
30 Site Plan - Additional Submissions
Subdivision
31 Plan of Subdivision - Minor
32 Plan of Subdivision - 200 units or 10 ha
33 Plan of Subdivision - 1,200 units or 60 ha
34 Plan of Subdivision - Additional Submissions
35 Subdivision - Modifications to Draft Plan Approval
36 Subdivision - Extension to Draft Plan Approval
Condominium
37 Plan of Condominium - Vacant Land - Minor
38 Plan of Condominium - Vacant Land - 50 units
39 Plan of Condominium - Vacant Land - 275 units
40 Plan of Condominium - Conversion
41 Plan of Condominium - Standard or Common Element
42 Plan of Condominium - Additional Submissions
43 Condominium - Extension of Draft Plan
44 Condominium - Modification of Draft Plan - Vacant Land
45 Condominium - Modification of Draft Plan - Standard or
Conversion
46 Condominium - Exemption to Condominium Draft Plan Approval
Part Lot Control
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# Costing Category Description
47 Part Lot Control - Creation of 1 new lot
48 Part Lot Control - Creation of 2 new lots
49 Deeming By-law
50 Property Relotting
Committee of Adjustment
51 Consent - 1 Application
52 Consent - 2 Applications
53 Consent Application to separate two existing units
54 Change of Conditions
55 Minor Variance
56 Re-notification or Rescheduling (consent or minor variance)
57 Concurrent Consent & Minor Variance Application
58 Request for Exemption from 2-year waiting period for variances
59 Committee of Adjustment - Special Meeting
Other
60 Sign by-law Variance
61 Sign by-law Amendment
62 Application for Sidewalk Café
63 Heritage Status Inquiry
54 Subdivision & Vacant Land Condominium - Administration Fee
65 Subdivision - Inspection Fee
66 Telecommunications Tower Review
Additional categories were also included for compliance letters and business licensing
to assess areas that planning department staff are involved in annually that were not
within the scope of the fees review.
2.3 Process Map Documentation
Once the user fee costing categories have been established, the next step in the
process is to create a link between the direct service departments and the costing
categories. This is done through the process of documenting the City’s review activities
and generating process maps (i.e., mapped sequence of steps in the development
review process). The process maps were generated by starting with the processes
contained within the City’s flowcharts for processing applications and updating them to
ensure that the processes were representative of the current/proposed internal
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processes of the City. The processes were inclusive of recent Official Plan
Amendments authorizing delegated authority for the following applications:
• Minor Zoning By-law Amendments, including:
o Housekeeping matters (such as terminology)
o Lifting of a Holding Provision
o Temporary Use By-law
o Agricultural Purposes Only
o Other Minor Zoning By-law Amendments that meet the following criteria
No studies or reports are required to review the application, other
than a Planning Justification report, and
The proposal does not contradict any Provincial Policies, and
The proposal conforms to the Region and City’s Official Plan.
• Deeming By-law Applications
• Consent Applications, including:
o Easements
o Validations of Title Certificate
o Discharge of Mortgage
o Lifting Part Lot Control
• Draft Approved Plan Applications, including: a.
o Minor Status Revisions to a Draft Approved Plan of
Subdivision/Condominium
o Extending the Lapsing Period of a Draft Approved Plan of
Subdivision/Condominium
o Approval of a Plan of Condominium
o Condominium Exemptions for Draft Plan Approval
• Community Improvement Plan Simple Grant Applications
2.4 Processing Effort Estimate Collection, Reasonability
Check and Cost Allocations
To capture each participating City staff member’s relative level of effort in processing
activities related to planning application review, process estimates (i.e. estimates of time
per step and category) were obtained for each of the above-referenced costing
categories. The effort estimates were applied against average annual user fee volumes
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for the period 2017-2022 to assess the average annual processing time per position
spent on each user fee category.
Annual processing effort per staff position was measured against available processing
capacity to determine overall service levels. The results of the initial capacity analysis
were reviewed with staff to ensure that the effort on an annual and per application basis
was appropriate and reflected the current utilization of staff, and to give an opportunity
for any further refinements to be made.
Table 2-2 summarizes the utilization of staff within each department that is involved in
the planning application and engineering review and inspection categories. The annual
utilization is expressed for each department by major costing category type in terms of
annual percentage of time and utilized FTEs by department.
Table 2-2
Staff Capacity Utilization by Department
The results of the capacity analysis indicate that across the City 10.55 FTEs are utilized
on planning application review. The following summarizes the level of involvement for
each department:
• Planning Services – Of the 10.55 utilized FTEs, 5.07 FTEs (or 48%) of time
comes from the planning services department. This annual involvement
represents 28.2% of the department, with the majority of this time (62%) being
spent on reviewing OPA/ZBA applications and pre-consultations. The time not
assessed against development applications is related to other activities such as
policy and long-range planning and the defence of applications at the OLT.
• Committee of Adjustment – The one position is fully (100%) utilized in processing
committee of adjustment applications (i.e., consents and minor variance’s).
Costing Category Type
Planning
Services -
Department
Committees -
COMMITTEE
OF
ADJUSTMENT
Building and
Municipal
Enforcement
Services -
Department
Legal
Services -
Department
Engineering
Services -
Department
Business
Development
Services -
Department
Fire
Prevention -
Department
Information
Services -
Department
Total
FTE 18 1 35 8 37 9 8 17 144
Engineering Review & Inspection 0.0% 0.0% 0.0% 0.0%6.3%0.0% 0.0% 0.0%1.6%
OPA/ZBA 10.9%0.0%0.1% 0.4% 0.9% 0.0% 0.4% 0.1%1.7%
Committee of Adjustment 2.8% 100.0% 0.0%0.0%0.6%0.0%0.3% 0.1%1.2%
Pre-consultation 6.7%0.0%0.2%0.0%0.7% 0.1% 0.9% 0.1%1.1%
Site Plan 3.1%0.0%0.1% 2.2% 1.3% 0.0% 0.4% 0.1%0.9%
Subdivision & Condominium 3.6%0.0%0.0% 0.9% 0.4%0.0%0.2% 0.1%0.6%
Miscellaneous 1.1%0.0%0.0% 0.0% 0.0%0.0%0.3%0.0%0.2%
Total 28.2% 100.0% 0.4% 3.5% 10.2% 0.2% 2.5% 0.5% 7.3%
Utilized FTEs 5.07 1.00 0.13 0.28 3.76 0.01 0.20 0.09 10.55
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• Building and Municipal Enforcement Services – The department has minimal
involvement in processing planning applications with only 0.4% of the department
involved or 0.13 FTEs utilized.
• Engineering Services – 10.2% (or 3.76 FTEs) of the department is utilized in
processing planning applications and engineering review and inspection
activities. The majority of this time is related to engineering reviews and
inspections accounting for 2.32 FTEs of the department’s total utilization.
• Other – Staff from the Legal Services, Business Development Services, Fire
Prevention, and Information Services departments have a combined utilization of
0.58 FTEs representing approximately 5.5% of the FTEs utilized in processing
planning applications.
2.5 Full Cost of Providing Planning Application Reviews
As defined in Section 2.1, the full cost of providing planning application and engineering
review and inspection services consist of direct, indirect, and capital costs. The
following sections define each of these cost objects and how each of these are
allocated to the individual costing categories. The direct and indirect costs are derived
from the City’s 2023 Operating Budget and the allocation approach has remained
consistent with the City’s Building Permit Fee Review A.B.C. model.
2.5.1 Direct Costs
Direct costs refer to the employee costs (salaries, wages, and benefits), materials and
supplies, services and rents that are typically consumed by directly involved
departments or business units. To identify the amount of direct costs that should be
allocated to the user fee categories, cost drivers have been identified. Cost drivers are
the non-financial operational data used to allocate shares of the defined costs across
multiple user fee categories. Ideally, cost driver data documents the relative intensity of
effort multiple employees deploy against a single cost object/fee category or the relative
intensity of effort a single employee deploys against multiple cost objects/fee
categories. For the purposes of a full cost user fee analysis, the cost drivers in an
A.B.C. user fee model presents the need to distribute multiple employee positions
(direct costs) across multiple cost objects. These user fee allocations have been
summarized in aggregate by department and major costing category in Table 2-2. Non-
employee costs, such as materials and supplies generally follow these same allocations
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with the exception contractor or consultant costs that are incurred directly for activities
such as Subdivision inspections.
2.5.2 Indirect Costs
An A.B.C. review includes not only the direct cost of providing service activities but also
the indirect support costs that allow direct service business units to perform these
functions. The method of allocation employed in this analysis is referred to as a step
costing approach. Under this approach, support function and general corporate
overhead functions are classified separate from direct service delivery departments.
These indirect cost functions are then allocated to direct service delivery departments
based on a set of cost drivers, which subsequently flow to the user fee categories
according to staff effort estimates. Cost drivers are a unit of service that best
represents the consumption patterns of indirect support and corporate overhead
services by direct service delivery departments or business units. As such, the relative
share of a cost driver (units of service consumed) for a direct department determines
the relative share of support/corporate overhead costs attributed to that direct service
department. An example of a cost driver commonly used to allocate information
technology support costs would be a department or business unit’s share of supported
personal computers. Cost drivers are used for allocation purposes acknowledging that
these business units do not typically participate directly in the delivery of services, but
that their efforts facilitate services being provided by the City’s direct business units.
Table 2-3 summarizes the support and corporate overhead functions included in the
user fee calculations and the cost drivers assigned to each function for cost allocation
purposes. The indirect support and corporate overhead cost drivers used in the fees
model reflects accepted practices within the municipal sector.
Table 2-3
Indirect Support and Corporate Overhead Functions and Cost Drivers
Assigned Division Cost Driver
Chief Administrator's Office Share of Budget
Clerks Services Share of Budget
Communications Share of Budget
Risk Management Services Share of Budget
Auditing Services Share of Budget
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Assigned Division Cost Driver
Other Corporate Mgmt and Support Share of Budget
Revenues and Receivables Share of Budget
Accounting and Reporting Share of Budget
Procurement Services Share of Budget
Human Resource Services # of FTEs
Information Services IT Driver
Legal Services Share of Budget
City Council / General Committees / Grants Share of Budget
Service Specific Committees Specific Service Area
2.5.3 Capital Costs
The inclusion of capital costs within the full cost user fees calculations follows a
methodology similar to indirect costs. Replacement value of assets commonly utilized
to provide direct business unit services have been included to reflect the capital costs of
service. The approach used in estimating these costs includes the identification of the
proportion of capital assets by direct department (e.g., facility space utilized), the
estimation of annualized capital costs by employing sinking fund replacement value or
amortization, and the allocation of these annualized costs to the cost objects/user fee
categories based on the respective departmental effort deployed.
The replacement value approach determines the annual asset replacement value over
the expected useful life of the respective assets. This reflects the annual depreciation
of the asset over its expected useful life based on current asset replacement values.
This annuity is then allocated across all fee categories based on the capacity utilization
of direct business units. A similar approach is utilized for the amortization method, with
asset historic value used in place of replacement value.
With respect to the City’s model, capital costs have been identified for facilities. The
annualized costs have been estimated based on current replacement values and the
asset useful life assumptions. These costs have been allocated across the various fee
categories, and non-user fee activities, based on the underlying effort estimates of
direct department staff (as presented in Table 2-2).
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Chapter 3
Full Cost Assessment and Fee
Recommendations
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3. Full Cost Assessment and Fee
Recommendations
3.1 Introduction
This chapter presents the full costs, cost recovery levels of current fees, and
recommended fee structure and rates for the planning application and engineering fees.
Furthermore, the impact of the recommended fees on total costs of municipal
development fees for sample developments are presented in Chapter 4 of this report.
The chapter presents the full costs assessment and cost recovery levels in 2023 values.
Recommended fees are presented in 2023 values unless noted otherwise.
Recommended fees should be indexed to 2024$ values for implementation in 2024,
consistent with the cost-of-living increases in the City’s 2024 Operating Budget.
A municipal fee survey, for the fees within the scope of this review, was undertaken for
market comparison purposes. The survey results were considered in discussions with
City staff in determining recommended user fees.
Further details on the cost recovery assessment, recommendations, and modelled
impact on revenues are provided in the following section.
3.2 Full Cost of Planning Applications and Fee
Recommendations
Table 3-1 presents the City’s annual costs of providing planning application and
engineering review and inspection services for each major costing category. The
annual costs reflect the organizational direct, indirect, and capital costs associated with
processing activities at average historical volumes levels for the period 2017-2022.
Costs are based on the City’s 2023 budget and are compared with revenues modelled
from the current fees applied to average application volumes and charging parameters.
The total annual costs of planning application and engineering review and inspection
services total $1.8 million. Of these costs, 86% are for the direct costs of service, with
14% being related to the indirect and capital costs of service. Within the major costing
categories engineering review and inspection and OPA/ZBA applications represent 28%
and 22% of the annual costs (i.e., approximately 50% of the total annual costs).
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In aggregate, the City’s current fees are generating $1.3 million in annual revenue,
recovering 76% of annual costs ($1.8 million). The current cost recovery for
engineering reviews and inspections is 80% with annual revenues of $395,000 and
annual costs of $492,000. Committee of Adjustment fees are performing well
recovering the full costs of service. OPA/ZBA application fees are performing below the
overall average, recovering 70% of the annual costs resulting in an annual shortfall of
$117,000. Pre-consultation fees represent the largest share of the total annual funding
shortfall, with current fees generating revenues that are $146,000 less than full costs
(i.e., 43% cost recovery). Site Plan applications have an annual deficit of $64,000 being
the result of only 69% of the total annual costs being recovered under the current fees.
Subdivision & Condominium applications recover 80% of their annual costs, slightly
above the average cost recovery levels across all costing categories.
Table 3-1
Full Cost Impacts by Costing Category Type
Planning application fee structure recommendations are provided in Table 3-2 to
recover the anticipated full costs of service. Full cost fee recommendations have been
made through discussions with City staff and consultation with development industry
stakeholders. Based on the recommended full cost fees and average annual
application volumes revenues would increase by 32% or $430,000. Listed below are
the major fee structure changes:
OPA, ZBA and Combined OPA & ZBA
• In assessing the costs of processing official plan amendments and Zoning By-law
amendments the differentiation between infill and greenfield was considered in
addition to a major versus minor distinction. During the costing analysis no major
cost difference was found in processing infill and greenfield applications, and as
Costing Category Type SWB Non-SWB Annual
Revenue
Cost
Recovery
Surplus/
(Deficit)
Planning
Engineering Review & Inspection 255,400 199,224 33,790 3,562 491,975 395,453 80% (96,522)
OPA/ZBA 288,594 35,751 63,335 3,647 391,328 273,955 70% (117,373)
Committee of Adjustment 169,778 21,693 43,986 2,712 238,169 273,837 115% 35,668
Pre-consultation 185,669 26,066 42,203 2,354 256,292 110,300 43% (145,992)
Site Plan 151,709 31,020 24,534 1,911 209,174 144,733 69% (64,441)
Subdivision & Condominium 104,117 18,448 21,651 1,375 145,591 116,505 80% (29,086)
Miscellaneous 27,675 3,510 7,041 348 38,574 31,802 82% (6,772)
Grand Total 1,182,942 335,712 236,539 15,910 1,771,103 1,346,585 76% (424,518)
Current Fees Direct Costs Indirect
Costs
Capital
Costs
Total
Annual
Costs
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such, greenfield vs. infill fees were not recommended. This result and
recommendation is consistent for all other application types where greenfield and
infill review costs were assessed.
• The current fee structure has been generally maintained with the introduction of a
major and standard OPA (and combined OPA/ZBA) fee and major and standard
fees for holding provision removal applications.
• In addition, a minor ZBA fee was introduced reflecting delegated approval
authorities to staff.
• The average recommended fee increases for OPA and ZBA applications is 43%
across all fee categories resulting in an approximate $119,000 increase in annual
revenues.
Site Plan
• Current Site Plan application fee structures have been maintained based on the
findings of the full cost assessment; however the Site Plan Testamentary Devise
Lot fee has been removed following the recommendation of staff.
• Recommended fees increases are expected to increase annual revenues by
approximately $66,400 or 46%.
Plan of Subdivision, Plan of Condominium and Part Lot Control
• It is recommended that the Plan of Subdivision fee structure be changed to
consist of a base fee and a per unit fees to reflect the increases in processing
costs as applications increase in size. To achieve full cost recovery, the
introduction of a $25 per unit fee has been recommended in addition to a base
application fee of $13,900.
• Vacant Land Condominium fees have been increased to $12,000 from $10,800,
in addition to the inclusion of a per unit fee of $25.
• Currently, the City does not charge for additional submissions. It is
recommended that additional submission fees are imposed after the first two
submission, consistent with the City’s current practice of other application types.
• On average, Subdivision, Condominium, and Part Lot Control fees would
increase by 26%.
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Committee of Adjustment
• Consent and Minor Variance fee structures have been maintained with increases
to Consent application fees and decreases to Minor Variance fees to recover the
full costs of service.
Pre-consultation
• Currently, there is a fee for Pre-consultations relating to Consent and Site Plan
applications and a Pre-consultation fee for all other applications. It is
recommend changing the fee structure to having a Pre-consultation fee for only
Consent applications and a Pre-consultation fee for all other applications to
reflect the differing levels of pre-consultation involvement for different planning
applications.
Engineering Administration and Inspection Fees
• It is recommended that the Subdivision & Vacant Land Condominium -
Administration fee be increased from 3% of construction value to 3.75% of
construction value and the Subdivision Inspection fee be increased from 2.5% to
3.1% of construction value.
Other Fees
• No changes are recommended for Sign By-law fees.
• A new fee has been added for Telecommunications Tower Review at $1,300.
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Table 3-2
Current vs Recommended Fees
Description Fees Notes Costing Category/Fee Description Comments/Notes Fees
Planning & Development Planning & Development
Official Plan Amendment Official Plan Amendment
Official Plan Amendment Application $13,000 Official Plan Amendment - Major
Includes 4 or more studies related to: natural
heritage, land use compatibility, traffic
studies, archeology, env. site assessments.
$15,750
Official Plan Amendment - Standard $10,000
More than two (2) submissions of plans & studies for review
$1,500 +
$1,500 for each
subsequent
submission
More than two (2) submissions of plans & studies for review $1,500 +
$1,500 for each
subsequent
submission
Aggregate Resource Extraction Full Cost
Recovery Aggregate Resource Extraction Full Cost
Recovery
Preconsultation Preconsultation
Preconsultation Fee (consent & site plan)$750 Preconsultation (consent)$1,500
All other applications $1,500 Preconsultation (all other applications)$2,900
More than two (2) submissions of a concept for review/preparation of a
second checklist
$500 + $500 for
each subsequent
submission
More than two (2) submissions of a concept for
review/preparation of a second checklist $1,500
Zoning By-Law Amendment Zoning By-Law Amendment
High Rise Hotels $15,750 Zoning By-law Amendment - High Rise Buildings (>10 storeys)$18,500
Complex (review of 3 or more studies required for the application)$13,000 Zoning By-law Amendment - Major
Includes 4 or more studies related to: natural
heritage, land use compatibility, traffic
studies, archeology, env. site assessments.
$17,000
Standard $6,100 Zoning By-law Amendment - Standard $12,500
Zoning By-law Amendment - Minor $7,800
Request for a Minister's Zoning Order (MZO)/Review of Ministry
Initiated MZO
$6,100 Request for a MZO or Review of Ministry Initiated MZO $12,500
Request to lift a Holding (H) Regulation $2,000 Request to lift a Holding (H) Regulation - Major $3,700
Request to lift a Holding (H) Regulation - Standard $2,100
More than two (2) submissions of plans & studies for review
$1,500 +
$1,500 for each
subsequent
submission
More than two (2) submissions of plans & studies for review $1,500 +
$1,500 for each
subsequent
submission
Official Plan & Zoning By-Law Amendment (Combined)Official Plan & Zoning By-Law Amendment (Combined)
High Rise Buildings (greater than 10 storeys)$17,500 Combined - OPA & ZBA - High Rise Buildings (>10 storeys)$25,000
All Other Lands $14,600 Combined - OPA & ZBA - Major
Includes 4 or more studies related to: natural
heritage, land use compatibility, traffic
studies, archeology, env. site assessments.
$21,000
Combined - OPA & ZBA - Standard $16,000
$1,500.00 plus $1,500.00 for each subsequent submission
More than two (2) submissions of plans & studies for review $2,500 plus
$2,500 for each
subsequent
submission
Site Plan Site Plan
High Rise Buildings (greater than 10 storeys)$7,500 Site Plan - High Rise Buildings (>10 storeys)$11,500
All Other Lands $5,500 Site Plan - Standard Residential or Non-residential $8,500
Amendment to Site Plan Agreement $1,550 Amendment to Site Plan Agreement $3,200
Site Plan Resubmission (after 2 submissions within 1 year of original
application)
$3,200 Site Plan Resubmission (after 2 submissions within 1 year of
original application)$3,200
Site Plan Testamentary Devise Lot $1,625
Plan of Subdivision Plan of Subdivision
Residential Plan $14,600 Plan of Subdivision
Base Fee $13,900
plus per unit fee $25
More than two (2) submissions of plans & studies for review $8,500 plus
$8,500 for each
subsequent
submission
Modifications to Draft Plan Approval $2,600 Subdivision - Modifications to Draft Plan Approval $3,700
Extension to Draft Plan Approval $1,050 Subdivision - Extension to Draft Plan Approval $2,000
Current Fees Proposed Fees
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Table 3-2 (Cont’d)
Current vs Recommended Fees
Description Fees Notes Costing Category/Fee Description Comments/Notes Fees
Planning & Development Planning & Development
Plan of Condominium Plan of Condominium
Vacant Land $10,800 Vacant Land
Base Fee $12,000
plus per unit fee $25
Conversion $4,300 Plan of Condominium - Conversion Includes 2 submissions $12,000
Standard/Common Element $3,000 Plan of Condominium - Standard or Common Element Includes 2 submissions $10,600
More than two (2) submissions of plans & studies for review $7,000 plus
$7,000 for each
subsequent
submission
Extension of Draft Plan $2,000 Condominium - Extension of Draft Plan $2,000
Modification of Draft Plan - Vacant Land Condominium $2,750 Condominium - Modification of Draft Plan - Vacant Land $3,500
Modification of Draft Plan - Standard/Conversion $2,000 Condominium - Modification of Draft Plan - Standard or
Conversion $3,500
Exemption to Condominium Draft Plan Approval $3,000 Condominium - Exemption to Condominium Draft Plan Approval $3,000
Part Lot Control Part Lot Control
Separation of semi-detached/on-street townhouse units per lot/block
(and $510 for each additional lot, per request)
Separation of semi-detached/on-street townhouse units per
lot/block (plus fee for each additional lot, per request)
for first lot/block $1,850 for first lot/block $1,500
each additional lot/block $510 each additional lot/block $500
Deeming by-law (no fee when combined with a zoning amendment)$1,625 Deeming By-law $1,200
Property Relotting for the first lot (and $510 for each additional lot
created from the same lands)Property Relotting $2,100
for first lot $3,675
each additional lot $510
Public Notification Public Notification
Mailing Re-notification $400 Mailing Re-notification $400
Reassessment requiring a further report $1,000 Reassessment requiring a further report $1,000
Newspaper re-notification ($600 deposit payable with application)Actual Cost Newspaper re-notification ($600 deposit payable with application)Actual Cost
Notes: Additional fees are required for Regional Planning review of
most applications. Additional fees may be required for Niagara
Peninsula Conservation Authority and Regional Niagara Health
Department review, where applicable.
Notes: Additional fees from the Legal Department are required for
applications requiring agreements and registrations of some by-laws.
Notes: Additional fees are required for Regional Planning review
of most applications. Additional fees may be required for Niagara
Peninsula Conservation Authority and Regional Niagara Health
Department review, where applicable.
Notes: Additional fees from the Legal Department are required for
applications requiring agreements and registrations of some by-
laws.
Committee of Adjustment Committee of Adjustment
Consent Application $3,675 Consent - 1 Application To create one additional lot $3,900
Consent - Fee per additional lot Fee per additional lot created $900
Consent Application to separate two existing units $1,850 Consent Application to separate two existing units $3,600
Change of Conditions $600 Change of Conditions $750
Minor Variance $2,300 Minor Variance $2,080
Re-notification/Rescheduling (consent/minor variance)$300 Re-notification or Rescheduling (consent or minor variance)$300
Concurrent Consent/Minor Variance Application $4,450 Concurrent Consent & Minor Variance Application $4,675
Concurrent Consent Application - First Application $3,675
Each application consent application for the $550
Request for Exemption from 2-year waiting period for variances $425 Request for Exemption from 2-year waiting period for variances $150
Additional fee for calling of a Special Meeting to address an application $800 Committee of Adjustment - Special Meeting $550
Sign By-Law Sign By-Law
Sign by-law Variance (no fee when combined with a zoning
amendment)$2,300 Sign by-law Variance $2,300
Sign by-law Amendment (no fee when combined with a zoning
confirmation letter)$6,100 Sign by-law Amendment $6,100
Sidewalk Cafes Sidewalk Cafes
Application for Sidewalk Café $525 Application for Sidewalk Café $1,000
Subdivision & Vacant Land Condominium and Deposits Subdivision & Vacant Land Condominium and Deposits
Administration Fee (on construction value)3.00% Varies Subdivision & Vacant Land Condominium - Administration Fee 3.75%
Inspection Fee (on construction value)2.50% Varies Subdivision - Inspection Fee 3.10%
NEW CATEGORIES NEW CATEGORIES
Telecommunications Tower Review $1,300
Current Fees Proposed Fees
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Chapter 4
Impact of Recommended Fees
on Development
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4. Impact of Recommended Fees on Development
4.1 Introduction
To understand the impacts the recommended fees will have on development, an impact
analysis for sample developments has been prepared. The development user fee
comparison includes planning application fees, building permit fees, and development
charges for each development sample. Additionally, the 100-unit Subdivision
development also includes development engineering administration and inspection fees.
The comparison illustrates the impacts of the recommended fees in the context of the
total development fees payable to provide a broader context for the fee considerations.
In addition to providing the fee impacts for the City, Figures 4-1 through 4-4 provide
development fee comparisons for all Niagara Region municipalities.
Four development types have been considered to assess the impacts for different
development types and densities of development, including:
• 100-unit low density Subdivision development requiring Subdivision and Zoning
By-law Amendment applications;
• 100-unit high density residential apartment development with Site Plan control,
Official Plan Amendment, and Zoning By-law Amendment applications;
• 1,000 sq.m. retail development requiring a Site Plan control application; and
• 10,000 sq.m. industrial development requiring a Site Plan control application.
4.2 Low Density Residential Development
The City’s current development fees imposed on a 100-unit single detached residential
Subdivision include Plan of Subdivision application fees, Zoning By-law Amendment,
development engineering fees, building permit fees, and development charges. On a
per unit basis, these fees total $44,014. Planning application and development
engineering fees account for $1,498 ($398 for planning applications and $1,100 for
development engineering fees) or 3.4% of the total per unit fees imposed.
The recommended planning application and development engineering and inspection
fees would increase by 22.8% and increase the total development fees payable by
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0.8%. With these recommendations, the City’s overall ranking in the municipal
comparison would be unchanged.
Figure 4-1
4.3 High Density Residential Development
The 100-unit apartment building example includes fees for an Official Plan Amendment,
Plan of Condominium, Site Plan application, Zoning By-law amendment, building permit
fees, and development charges. Total fees payable for the sample development would
be $2.6 million under the current fee structure. Planning application fees represent
1.5% ($35,895) of the total fees payable. The recommended fees for this type of
development would increase the planning application fees by 26.9% (+$9,650). With
respect to the total fees payable (including development charges), this increase equates
to a 0.4% increase. The City’s ranking would remain unchanged at eighth within the
Region.
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Figure 4-2
4.4 Retail Development
Development user fees currently payable for the retail sample application total $249,700
with current Site Plan fees representing 9.9 % of the total fees payable. Under the
proposed fee structure, the Site Plan fees would increase by $5,150 and represent
11.7% of the total fees payable. The total development fees payable would increase by
2.1% with this $5,150 increase in fees.
As shown in Figure 4-3 below, the City’s overall ranking would not change relative to the
comparator municipalities.
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Figure 4-3
4.5 Industrial Development
Existing development fees (Site Plan, building permits, and development charges)
imposed for a 10,000 square meter industrial development would total $1.3 million, of
which 93.7% of the costs ($1.2 million) are for development charges.
Under the recommended fee structure total planning application fees would increase by
$5,150. This represents an increase of 54.0% for the planning application fees.
However, when development charges and building permit fees are considered, this
increase represents a 0.4% increase in the total fees payable. The City’s overall
ranking would be unchanged relative to the comparator municipalities as presented in
Figure 4-5 and would be the lowest amongst comparators in the region.
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Figure 4-4
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Chapter 5
Conclusion
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5. Conclusion
Summarized in this technical report is the legislative context for the imposition of
development application fees (i.e., planning application and development engineering
and inspection fees), the methodology undertaken, A.B.C. model results, the associated
full cost recovery fee recommendations (Table 3-2), and development impacts relative
to comparators in the region.
The intent of this review is to provide the City with a recommended fee structure, for
Council’s consideration to appropriately recover the service costs from benefiting
parties. The City will ultimately determine the level of cost recovery and phasing
strategy that is suitable for their objectives in this context.
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Council Presentation
December 12, 2023
City of Niagara Falls
Planning Fees Study
0Page 118 of 679
•The City of Niagara Falls (City) has undertaken a review of their
planning application and engineering administration and
inspection fees, including:
•An assessment of the full costs of service (i.e., direct, and indirect
costs) through the development of an activity-based costing model
•Fee structure recommendations to improve cost recovery and
ensure the City maintains financially sustainable development
review services
•This presentation reviews the legislative authority for imposing
fees, methodology, costing results, fee recommendations, and
development impact analysis
Introduction
1Page 119 of 679
Legislative Context
•Planning Application Fees
•Imposed under s.69 of the Planning Act
•Fees may recover the anticipated costs of processing by application
type
•Fees may be paid under protest and appealed to the OLT
•Engineering Fees
•Are imposed under s. 391 of the Municipal Act)
•For services or activities provided or done by or on behalf of it
•No explicit requirements for cost justification when establishing fees,
however, municipalities must have regard for legal precedents and
fees cannot be a tax
Summary
2Page 120 of 679
Activity-Based Costing Methodology
Page 121 of 679
Fee Review Findings
4Page 122 of 679
Annual Costs and Revenues
5Page 123 of 679
Fee Recommendations
•Fee recommendations made to recover the full cost of service,
while considering:
•Legislative compliance;
•Fixed and variable costs of service;
•Administration ease of implementation (e.g.,
consolidation/simplification of fees);
•Stakeholder interests (i.e., applicant affordability and
competitiveness); and
•Delegated approval authority for certain applications
6Page 124 of 679
Fee Recommendations
•Preconsultation
•Full cost fees to be imposed for consent vs. all other applications
•Official Plan Amendment and Zoning By-law Amendments
•Applications differentiated between high rise buildings, major,
standard, and minor categories
•Maintain reduced combined application fees (compared to
individual fees)
•Request to lift a Holding Regulation
•Introduction of minor and major categories
•Site Plan
•Fees increased to full cost recovery levels within current fee
structure
Summary
7Page 125 of 679
Fee Recommendations
•Subdivision and Vacant Land Condominium
•Introduction $25 per lot fee to recognize marginal increases in
processing costs as applications increase in size
•Introduction of new additional submission fees for Subdivision and
Vacant Land Condominium
•Part Lot Control and Committee of Adjustment
•Fees decreased to full cost recovery levels within current fee
structure
•Telecommunications Towers
•New fee of $1,300
8Page 126 of 679
Fee Recommendations
•Engineering Administration and Inspection Fees
•Charged as a percentage of construction value
•Subdivision and Vacant Land Condominium Administration fee
increased from 3% to 3.75%
•Subdivision Inspection fee increased from 2.5% to 3.1%
9Page 127 of 679
Development Impact Comparison
•Impacts of development application fee recommendations are
provided for four development types to address differences in
size, density, and type of development
•Assessed against municipal development fees, including planning
application, engineering fee, building permit fees, and development
charges for the following development types:
•100-unit low density subdivision development
•100-unit high residential development
•1,000 Sq. M. retail development
•10,000 Sq. M. industrial development
10Page 128 of 679
Development Impact Comparison
•Low Density +25% ($7,200)
•0.8% increase in total fees
•High Density +48% ($9,650)
•0.4% increase in total fees
•Retail +82% ($5,150)
•2.1% increase in total fees
•Industrial +82% ($5,150)
•0.4% increase in total fees
Summary
11Page 129 of 679
Planning Fee Comparison
100-Unit Low Density Development
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Development Impact Comparison
100-Unit Low Density Development
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Planning Fee Comparison
100-Unit High Density Development
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
Survey of Lower/Single Tier Planning Fees Related to a Multi-Residential Apartment Development
(100 Units, 110 m² GFA each)
Official Plan Amendment Site Plan Zoning By-Law Amendment
Page 132 of 679
Development Impact Comparison
100-Unit High Density Development
Page 133 of 679
Planning Fee Comparison
1,000 Square Meter Retail Development
$-
$5,000
$10,000
$15,000
$20,000
$25,000
Survey of Lower/Single Tier Planning Fees Related to Retail Development
(1,000 m² GFA)
Site Plan
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Development Impact Comparison
1,000 Square Meter Retail Development
Page 135 of 679
Planning Fee Comparison
10,000 Square Meter Industrial Development
Page 136 of 679
Development Impact Comparison
10,000 Square Meter Industrial Development
Page 137 of 679
F-2023-37
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Mayor's Proposed Draft 2024 Water and Wastewater Budgets
Recommendation(s)
1. That Council RECEIVE the 2024 Mayor's Proposed Draft 2024 Water and
Wastewater budgets with revenues and expenses totaling $27,941,206.00 and
$33,812,027.00 respectively.
2. That Council APPROVE the use of reserve funding as outlined in Attachment 5.
3. That Council makes amendments (if any) to the Mayor's Proposed Draft 2024
Water and Wastewater budgets, by way of resolution, during this regular meeting
of Council (December 12, 2023); and
4. Further, should Council be satisfied all possible amendments have been
considered, that by way of resolution, Council shorten the 30 day review period,
allowed under the Strong Mayors Act, by 25 days, such that the review period
ends on December 12, 2023; and
If no amendments have been made and recommendation #4 has been
approved to shorten the review period, then the budget will be deemed adopted
(i.e. approved) as of December 12, 2023.
If amendments have been made, please consider recommendation #5 (if no
amendments made, recommendation #5 is not applicable):
5. Further, should the Mayor be satisfied that he will not exercise his veto rights to
Councils amendments, that the Mayor consider shortening his 10-day veto period
by 10 days, by providing written documentation to members of Council and the
municipal clerk to shorten the veto period, such that the veto period ends on
December 12, 2023, thereby allowing the Mayor's Proposed Draft 2024 Water
and Wastewater Budgets to be deemed adopted on December 12, 2023.
Executive Summary
The purpose of this report is to explain larger budget to budget variances between the
proposed draft 2024 Water and Wastewater Budgets to the approved 2023 Water and
Wastewater Budgets. Nine (9) variances (#1-9) have been identified throughout the
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water budget summary in Attachment 1 and nine (9) variances (#10-18) have been
identified throughout the wastewater budget.
The 2024 draft water budget contains expenses and revenues each totaling
$27,941,206 which is an increase of $1,312,192 or 4.9% as compared to 2023
($26,629,014). It's important to note that $889,531 of that increase relates to costs
passed on from the Region. The City portion of increases total $422,661.
The 2024 draft wastewater budget contains expenses and revenues each totaling
$33,812,027 which is an increase of $4,022,038 or 13.5% as compared to 2023
($29,789,989). It's important to note that $3,719,651 of that increase relates to costs
passed on from the Region. The City portion of increases total $302,387.
There are two main reasons for the increases (both explained in greater detail below in
the analysis section) which include:
1. Costs transferred down from the Regional Municipality of Niagara; and
2. Request from the City for four (4) new staff members due to new legislative
responsibilities from the Province.
Both of these factors are unfortunately out of staff's control. Due to the large increase
from the Region and the new legislated responsibilities, staff paused at increasing the
transfer to capital and have not proposed any increase in the 2024 draft water or
wastewater budgets. This is not a best practice and staff will need to propose an
increase to the transfers to capital in the 2025 budgets. In addition, to partially mitigate
the increase from the Region staff have proposed using $500,000 of the wastewater
stabilization reserve. Please see #16 below for important information regarding the use
of this reserve funding.
All of these factors (new staffing and reserve mitigation) are included in the draft
budgets before Council tonight and result in an approximate 8% blended increase to the
fixed and volumetric rates. Proposed rates and scenarios regarding the impact on a low,
average and high user have been included in the financial implications section of the
report.
Analysis
Attachment 1 contains the draft 2024 Water Budget in Summary while Attachment 2
contains the draft 2024 Water Budget by account number. Attachment 3 contains the
draft 2024 Wastewater Budget in Summary while Attachment 4 contains the draft 2024
Wastewater Budget by account number. The following notes correspond to the
summaries contained in Attachments 1 and 3. For further clarity, if there is a note
number notation to the right of the variance column in Attachment 1 or 3, then there is a
corresponding explanation to that note number located below. Please refer to this
report in conjunction with the attachment.
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WATER BUDGET
REVENUES
1. Other Revenue budget has been reallocated to User Fees including a reduction.
The fees budgeted in this area were more consistent with a user fee as opposed
to other revenue.
2. User Fees budget has increased by $1,392,754 or 5.5% from $25,523,082 to
$26,915,836. The user fee budget includes the following:
NSF Fees - $2,500
Backflow Fees - $2,700
Cut Wire Fees - $4,800
Damage Repair Transmitter Fees - $7,000
Damage to City Property Fees - $5,800
Fail to be Ready Fees - $2,400
Flushing/Testing - $3,400
Main Tapping Fees - $2,400
These fees above total $31,000 and were previously budgeted in Other Revenue
in 2023 for $50,000. This is a reduction of $19,000.
New Account Setup Fees - $45,000 (2023 - $45,000)
Projected Volumetric Charges - $15,797,902 (2023 - $14,986,849)
Monthly Fixed Charges - $10,531,934 (2023 - $9,991,233)
Estimated Annual Flat Charge Revenue - $300,000 (2023 - $300,000)
Water Stand Pipe Fees - $110,000 (2023 - $100,000)
Water Transfer & Shut Off Fees - $100,000 (2023 - $100,000)
The main increases are in the volumetric and fixed charges which have
increased by $1,351,754 or 5.4% in order to raise enough rate revenue to cover
the projected increase in expenditures, mainly three (3) new staff members and
increases from the Region detailed below.
3. This new budget of $65,000 included in Transfers from Special Purpose
Reserves has been added to offset the increase in write offs budgeted in Rents
and Financial Expenses for $65,000. Staff plan to use $65,000 from the Water
Rate Stabilization Reserve to cover the planned write offs ($130,000 - $65,000
included in each water and wastewater budget) in uncollectable tenant accounts
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from prior years). These write offs will eventually be eliminated as we work to
phase out tenant accounts with the City's new policy effective January 1, 2024.
4. From Development Charges has decreased by $95,562 from $768,232 to
$672,670 which corresponds to a decrease on the expense side in the To
Capital Special Purpose Reserves (CSPR) (DC Debt Placeholder) budget
which also decreased by the same amount. Staff have revised our estimates on
the anticipated debt payments to result from the Reixinger Watermain Loop and
Hospital Servicing Project and the water portion of the Montrose/Biggar/Reixinger
Reconstruction. There is no bottom line impact due to these changes.
EXPENSES
5. The budget for Labour, Benefits and Overtime has increased by $393,211 or
11.8% from $3,333,261 to $3,726,472. The increase is due to contracted wage
increases, offset partially by a $30,000 reduction in overtime and the addition of
three (3) new Full Time Equivalent (FTE) positions:
2 x Water Quality Technician (Union) - Legislative sampling requirements and
frequency of drinking water monitoring and sampling are increasing along with
growth of the City. Currently Municipal Works Inspectors from Engineering are
certified operators and perform legislative requirements on capital projects and
developments for the commissioning of new water mains. These certified
employees will all be (or have already) retired in 2024 and with new legislative
licensing requirements, obtaining certified licenses for Municipal Works
Inspectors is challenging and almost impossible to achieve. These two new
positions will assume all responsibility for testing and commissioning of new
watermains per provincial legislative requirements. Failure to provide certified
operators for new watermain commissioning will have regulatory implications, as
well as pose a risk to the safety of the water distribution system.
In addition, legislative requirements have been introduced from the Province and
sampling of sanitary overflows and storm water outlets will be feathered in 2023-
2024 (details below).
DWQMS (Drinking Water Quality Management Standard) Coordinator (Non
Union) - The existing workload of the DWQMS Coordinator has exceeded the
capacity of the sole staff person. In addition there is now the introduction of
sanitary and stormwater legislation the City must adhere to. The Ministry of
Environment, Conservation and Parks (MECP) annually recommends that the
City develop a backflow prevention program. Without a program in place the City
is at risk for threats to the drinking water supply. The addition of a second
DWQMS staff member will allow staff to dedicate time to building this program,
implementing, monitoring and improving it along with other continual
improvement initiatives to ensure the City is staying ahead.
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There is a new compliance approval, the municipal Consolidated Linear
Infrastructure Environmental Compliance Approval (CLI ECA) which in a nutshell
is a single approval for all sewage works components of a municipal sewage
collection system or a municipal stormwater management system. For more
details click here (https://www.ontario.ca/page/municipal-consolidated-linear-
infrastructure-environmental-compliance-approvals). These legislative changes
essentially serve to treat the stormwater and sanitary sewer systems similar to
the regulations already in place for drinking water systems. The MECP has now
modelled the wastewater sector similar to the Drinking water sector
(inspection/approvals/licensing) and sanitary and storm systems will now require
more tracking, tracing, monitoring and reporting. There is also an additional
position in the wastewater budget, Wastewater Analyst being requested as a
result of these changes.
6. Materials budget has increased by $195,900 or 20% from $980,100 to
$1,176,000 with the larger line item increases as follows:
$54,000 increase in meters/arbs/wires from $396,000 to $450,000.
$15,000 increase in Stores Equipment and Supplies from $80,000 to $95,000
$15,000 increase in Watermain Repairs from $65,000 to $80,000
$10,000 increase in Water Valve Repairs from $15,000 to $25,000
$87,400 reallocation of AMI (Advanced Metering Infrastructure) fees from
contracted services to software costs which rolls up in to the materials category.
7. The City controlled Contracted Services budget has decreased by $148,000 or
8.2% from $1,804,000 to $1,656,000 with the larger line item changes as follows:
$(87,400) - decrease due to reallocation of $87,400 AMI fees from contracted
services to materials as mentioned in number 6 above
$(100,000) decrease due to removal of contracted services budget (that was one
time only from 2023) from the Research and Development area.
$50,000 increase in Locates from $720,000 to $770,000.
$(60,000) decrease in Leak Detection from $160,000 too $100,000
$25,000 - NEW line item for Hydrant Painting
8. Volumetric Regional Charges budget has increased by $670,913 or 7.4% from
$9,028,824 to $9,699,737. The Region's variable rate for water has increased by
$0.032/cubic meter or 4.8% from $0.669 to $0.701. The City's 3-year average
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flows have increased by 341,000 cubic meters or 2.5% from 13,496,000 to
13,837,000 cubic meters, The budgeted variable charges are calculated as
13,837,000 cubic meters times $0.701.
Fixed Regional Charges budget has increased by $218,618 or 7.0% from
$3,117,666 to $3,336,284.
9. Overall Revenue and Expenses have increased by $1,312,192 or 4.9% from
$26,629,014 to $27,941,206. $889,531 of that increase relates to costs passed
on from the Region. The City portion of increases total $422,661 for the reasons
noted above, mainly the three (3) new positions being requested due to the new
provincial legislation for sanitary and storm systems.
WASTEWATER BUDGET
REVENUES
10. User Fees budget has increased by $3,428,490 or 12.0% from $28,455,346 to
$31,883,836. The user fee budget includes the following:
Projected Volumetric Charges - $18,972,502 (2023 - $16,915,408)
Monthly Fixed Charges - $12,648,334 (2023 - $11,276,938)
Sewer Flat Rate Charges - $250,000 (2023 - $250,000)
Sewer Lateral Cleaning - $13,000 (2023 - $13,000)
The only increases are in the volumetric and fixed charges which have increased
by $3,428,490 or 12.2% in order to raise enough rate revenue to cover the
projected increase in expenditures, mainly one (1) new staff member and
increases from the Region detailed below.
11. From Special Purpose Reserves (SPR) has increased by $556,979 or 215.9%
from $258,021 to $815,000 with the larger line item changes as follows:
$65,000 added from wastewater rate stabilization reserve to offset the increase
in write offs budgeted in Rents and Financial Expenses for $65,000. Please
see number 3 for more information. (2023 -$0)
$500,000 added from the wastewater rate stabilization reserve to partially
mitigate the increase from the Region. (2023 - $0)
$141,979 increase in WRAP (Weeping-tile Removal Assistance Program) special
purpose reserve funding to partially offset planned WRAP spending.
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$(150,000) decrease due to removal of Sewer Lateral TV inspection SPR funds.
12. From Development Charges has increased by $36,569 from $1,007,322 to
$1,043,891 which corresponds to an increase on the expense side in the To
Capital Special Purpose Reserves (CSPR) (DC Debt Placeholder) budget
which also increased. Staff have revised our estimates on the anticipated debt
payments to result from the sewer portion of the Montrose/Biggar/Reixinger
Reconstruction including the additional funds approved in year that related to
sewer costs. There is a small bottom line impact due to these changes resulting
in a net increase of $25,991.
EXPENSES
13. The budget for Labour and Benefits has increased by $188,511 or 9.4% from
$2,011,990 to $2,200,501. The increase is due to contracted wage increases and
the addition of one (1) new Full Time Equivalent (FTE) position:
Wastewater Analyst (Non-Union) - As touched on IN #5 above, in 2023, the City
was issued new consolidated linear infrastructure (CLI) environmental
compliance approval (ECA) from the Ministry of Environment for the storm water
and wastewater systems. These CLI ECAs have regulatory implications and
conditions effective immediately as well as a majority that will be phased in over
2024 and 2025. This position will ensure continuous compliance and support for
operations and maintenance as it relates to the City's wastewater and stormwater
systems.
14. Utilities have decreased by $40,000 or 93.2% from $42,900 to $2,900 due to the
City uploading the utility bills for pumping stations to the Region.
15. City controlled Contracted Services has decreased by $336,500 or 14.9% from
$2,260,500 to $1,924,000 with the larger line item changes as follows:
$60,000 increase in Sewer Rehab Program from $540,000 to $600,000
$25,000 increase in Locating Services from $240,000 to $265,000
$20,000 increase in Sewer Main Flushing from $180,000 to $200,000
$15,000 increase in Spoil Pile Soil Removal from $120,000 to $135,000
$(350,000) decrease due to a reallocation of WRAP program spending from
contracted services to External Transfers as effective 2024 the City will not be
paying the contractor directly but rather reimbursing the homeowner.
$(100,000) decrease due to removal of contracted services budget (that was one
time only from 2023) from the Research and Development area.
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16. Fixed Regional Charges budget has increased by $3,719,651 or 22.5% from
$16,552,973 to $20,272,624 with the larger line item changes as follows:
Fixed Regional Charges increased by $2,401,001 or 14.2% from $16,929,345 to
$19,330,346.
Region charges for wastewater are 100% fixed and calculated based on the 3
year average flows. The Region then does a "true up" throughout the year and
compares what each municipality was charged to the actual flows and calculates
an over or underpayment. The over/underpayment from the prior year (2022) is
then added to (underpayment), or subtracted from (overpayment), the fixed
charge allocation calculated for the upcoming year. In the City of Niagara Falls
case, the 2022 true up resulted in an underpayment of $1,193,000 added to the
above charges of $19,330,346 for total fixed charges of $20,523,346.
Staff have mitigated some of this increase with $500,000 of wastewater rate
stabilization reserve funding however the 2023 true up is currently estimated to
be a $1.2M underpayment so this issue will not reverse itself in the 2025 budget
thus it would not be prudent to fully fund the underpayment with reserves. Until
the 3 year average is based on three (3) non COVID years, the City of Niagara
Falls expects to continue to see large underpayments added to the total fixed
charge requisition to the Region.
17. Rents and Financial Expenses has increased by $77,225 from $76,275 to
$153,500. $65,000 of that increase is explained in #3 above and offset with
reserve funding. The remaining $12,000 increase relates to an increase in the
Hydro Vacuum Truck annual lease payments.
18. Overall Revenue and Expenses have increased by $4,022,038 or 13.5% from
$29,789,989 to $33,812,027. $3,719,651 of that increase relates to costs passed
on from the Region. The City portion of increases total $302,387 for the reasons
noted above, mainly the one (1) new position being requested due to the new
provincial legislation for sanitary and storm systems and the additional debt
placeholder for the increase in Montrose/Biggar/Reixinger reconstruction (mostly
offset by development charge revenue).
Operational Implications and Risk Analysis
The proposed staff additions impacting the water and wastewater budget are necessary
in order to meet existing and recently added legislative requirements, as well as ensure
that the City is continuously improving its quality management systems. The Combined
Linear Infrastructure Environmental Compliance Approval (CLI ECA) for sanitary and
stormwater systems are now active, with their requirements and impacts being phased
in over 2024 and 2025. The City will be required to implement quality management
systems for both sanitary and stormwater to support this legislation, mirroring that of our
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drinking water quality management system, which will ultimately ensure the protection
of public health, property and the environment.
Financial Implications/Budget Impact
The Water Budget totals $27,941,206 with the Region controlling $13M or 47% of that
budget (2023 - $12.1M or 46%). Overall revenue and expenses have increased by
$1,312,192 or 4.9% from $26,629,014 to $27,941,206. $889,531 of that increase relates
to costs passed on from the Region. The City portion of increases total $422,661 for the
reasons noted above, mainly the three (3) new positions being requested due to the
new provincial legislation for sanitary and storm systems.
The Wastewater Budget totals $33,812,027 with the Region controlling $20.3M or 60%
of that budget (2023 - $16.5M or 56%). Overall revenue and expenses have increased
by $4,022,038 or 13.5% from $29,789,989 to $33,812,027. $3,719,651 of that increase
relates to costs passed on from the Region. The City portion of increases total $302,387
for the reasons noted above, mainly the one (1) new position being requested due to
the new provincial legislation for sanitary and storm systems and the additional debt
placeholder for the increase in Montrose/Biggar/Reixinger reconstruction (mostly offset
by development charge revenue).
In addition to all the expenses added, billable consumption and number of meters also
plays a part in setting the variable and fixed rates. In order to determine billable
consumption the City takes a 3 or 5 year average (depending on if there are many
anomalies like COVID in the 3 year average) + 0.5% growth. The rates have been set
estimating billable consumption to be 11,322,182 cubic meters. For Council's interest
billable consumption has fluctuated greatly due to COVID as follows:
Year
Annual Billable
Consumption
(Cubic Meters)
Increase/
(Decrease) Consumption Notes
2023 12,064,021 709,135 COVID-19 rebound
2022 11,354,886 1,140,184 COVID-19 shutdowns ended January
2021 10,214,702 (595,558) COVID-19 shutdowns
2020 10,810,260 (1,075,134) Dry summer, COVID-19 shutdowns
2019 11,885,394 N/A
Total number of meters has increased by 515 meters from 31,733 to 32,248 with the
majority of the increase (479) reflected in the 5/8 by 3/4 meter size.
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In order to balance the budgets the recommended variable rate is $3.107 (2023 -
$2.832) and the recommended monthly fixed charges are as follows:
Meter Size 2024 2023 Variance
5/8" x 3/4" $49.83 $46.81 $3.02
1" $77.24 $70.22 $7.02
1 1/2" $191.86 $175.55 $16.31
2" $361.29 $327.69 $33.60
3" $697.67 $643.68 $53.99
4" $1,208.46 $1,123.52 $84.94
6" $2,367.09 $2,200.22 $166.87
8" $3,949.31 $3,698.24 $251.07
10" $5,668.56 $5,313.30 $355.26
96.6% of the City's meter system is 5/8 x 3/4 meters and as such below is an illustration
of the annual impact on 5/8 x 3/4 meter user for a low (85 cubic meters), average (175
cubic meter) and high (275 cubic meter) user:
Rate
Comparison
2024 2023 2024 2023 2024 2023
Annual Usage 85m3 175m3 275m3
Water
Fixed
(annual)
$271.68 $263.88 $271.68 $263.88 $271.68 $263.88
Volumetric
(per m3)
$118.49 $111.69 $243.95 $229.95 $383.35 $361.35
Wastewater
Fixed
(annual)
$326.28 $297.84 $326.28 $297.84 $326.28 $297.84
Volumetric
(per m3)
$145.61 $129.03 $299.78 $265.65 $471.08 $417.45
Total $862.06 $802.44 $1,141.69 $1,057.32 $1,452.39 $1,340.52
Total Annual
Change
$59.62 $84.37 $111.87
Total Monthly
Change
$4.97 $7.03 $9.32
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
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To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources and by making sound long-term
choices that allow core City programs and services to be sustainable now and
into the future.
To be efficient and effective in our delivery of municipal services and use of
resources and accountable to our citizens and stakeholders
Contributor(s)
Adam Allcock, Senior Manager of Water and Wastewater
Sebastian Zukowski, Senior Financial Analyst
List of Attachments
F-2023-37 Attachment 1 - Draft Water Fund 2024 Budget to 2023 Budget Comparison -
Summary
F-2023-37 Attachment 2 - Draft Water Fund 2024 Budget to 2023 Budget Comparison -
By Account Number
F-2023-37 Attachment 3 - Draft Wastewater Fund 2024 Budget to 2023 Budget
Comparison - Summary
F-2023-37 Attachment 4 - Draft Wastewater Fund 2024 Budget to 2023 Budget
Comparison - By Account Number
F-2023-37 Attachment 5 - 2024 Draft Water and Wastewater Budget - Use of Reserve
Funding
Written by:
Tiffany Clark, Director of Finance
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 04 Dec
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 04 Dec
2023
Jason Burgess, CAO Approved
- 05 Dec
2023
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Attachment 1 F-2023-37
December 12, 2023
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2024 2023 $%
REVENUES
Other Revenue 0 50,000 (50,000)(100.0%)[1]
Penalties 62,700 62,700 0 0.0%
Sales 225,000 225,000 0 0.0%
User Fees 26,915,836 25,523,082 1,392,754 5.5%[2]
Miscellaneous Revenue 27,203,536 25,860,782 1,342,754 5.2%
From Special Purpose Reserves 65,000 0 65,000 N/A [3]
From Development Charges 672,670 768,232 (95,562)(12.4%)[4]
Internal Transfers 737,670 768,232 (30,562)(4.0%)
TOTAL REVENUE 27,941,206 26,629,014 1,312,192 4.9%[9]
2024 Budget to 2023 Budget Comparison
WATER FUND
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Attachment 1 F-2023-37
December 12, 2023
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2024 2023 $%
2024 Budget to 2023 Budget Comparison
WATER FUND
EXPENSES
Labour 2,812,007 2,483,208 328,799 13.2%
Employee Benefits Allocation 849,465 755,053 94,412 12.5%
Overtime 65,000 95,000 (30,000)(31.6%)
Labour and Benefits 3,726,472 3,333,261 393,211 11.8%[5]
Advertising/News Release 0 1,500 (1,500)(100.0%)
Conferences/Conventions 3,000 3,000 0 0.0%
Insurance Premiums 166,007 163,487 2,520 1.5%
Materials 1,176,000 980,100 195,900 20.0%[6]
Office Supplies 12,500 11,000 1,500 13.6%
Professional Development 37,500 32,500 5,000 15.4%
WSIB 30,000 30,000 0 0.0%
Materials 1,425,007 1,221,587 203,420 16.7%
Electricity 500 500 0 0.0%
Utilities 500 500 0 0.0%
Contracted Services 1,656,000 1,804,000 (148,000)(8.2%)[7]
Volumetric Regional Charges 9,699,737 9,028,824 670,913 7.4%[8]
Fixed Regional Charges 3,336,284 3,117,666 218,618 7.0%[8]
Contracted Services 14,692,021 13,950,490 741,531 5.3%
Rents and Financial Expenses 318,820 253,595 65,225 25.7%[3]
Long Term Interest 147,933 151,166 (3,233)(2.1%)
Long Term Debt Principal 184,190 184,190 0 0.0%
Debt Charges 332,123 335,356 (3,233)(1.0%)
Internal Rent 492,414 497,862 (5,448)(1.1%)
Indirect Costs 147,247 130,088 17,159 13.2%
To Capital SPR 6,105,000 6,105,000 0 0.0%
To CSPR (Debt Placeholder)28,932 33,043 (4,111)(12.4%)
To CSPR (DC Debt Placeholder)672,670 768,232 (95,562)(12.4%)[4]
Internal Transfers 7,446,263 7,534,225 (87,962)(1.2%)
TOTAL EXPENSES 27,941,206 26,629,014 1,312,192 4.9%[9]
(Surplus)/Deficit 0 0 0
Page 13 of 21
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Dec 02, 2023 Time :2:17 pm
Budget Report By Function
From Category :111000 To Category :823021
Account Code :15-?-??????-??????To :15-?-??????-??????
2024 2023
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
15-->CITY WATER FUND
123010-->AUDITING SERVICES
3-->EXPENSE
15-3-123010-040000 CONTRACTED SERVICES 10,000 10,000
Total EXPENSE 10,000 10,000
AUDITING SERVICES Surplus/Deficit 10,000 10,000
132015-->INSURANCE CLAIM SERVICES
3-->EXPENSE
15-3-132015-030000 MATERIALS 25,000 25,000
Total EXPENSE 25,000 25,000
INSURANCE CLAIM SERVICES Surplus/Deficit 25,000 25,000
133005-->REVENUES AND RECEIVABLES
3-->EXPENSE
15-3-133005-010000 LABOUR 461,385 404,110
15-3-133005-010013 EMPLOYEE BENEFITS ALLOCATION 134,889 121,085
15-3-133005-010016 OVERTIME 5,000 10,000
15-3-133005-030000 MATERIALS 185,000 185,000
15-3-133005-030014 SOFTWARE COSTS 87,400 0
15-3-133005-030035 OFFICE SUPPLIES 11,000 9,500
15-3-133005-040000 CONTRACTED SERVICES 119,500 224,500
15-3-133005-050000 RENTS AND FINANCIAL EXPENSES 230,320 177,320
Total EXPENSE 1,234,494 1,131,515
4-->REVENUE
15-4-133005-780003 FROM SPECIAL PURPOSE RESERVES -65,000 0
Total REVENUE -65,000 0
REVENUES AND RECEIVABLES Surplus/Deficit 1,169,494 1,131,515
431000-->SYSTEM MAINTENANCE WATERWORKS
3-->EXPENSE
15-3-431000-010000 LABOUR 2,035,392 1,787,731
15-3-431000-010013 EMPLOYEE BENEFITS ALLOCATION 620,911 540,749
15-3-431000-010016 OVERTIME 60,000 85,000
15-3-431000-020000 LONG TERM INTEREST 147,933 151,166
Page 14 of 21
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GL5280 Page :2CITY OF NIAGARA FALLS Date :Dec 02, 2023 Time :2:17 pm
Budget Report By Function
From Category :111000 To Category :823021
Account Code :15-?-??????-??????To :15-?-??????-??????
2024 2023
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
15-3-431000-030000 MATERIALS 878,600 770,100
15-3-431000-030005 PROFESSIONAL DEVELOPMENT/WORKS 37,500 32,500
15-3-431000-030007 ELECTRICITY 500 500
15-3-431000-030015 ADVERTISING/NEWS RELEASE 0 1,500
15-3-431000-030017 INSURANCE PREMIUMS 166,007 163,487
15-3-431000-030018 CONFERENCES/CONVENTIONS 3,000 3,000
15-3-431000-030035 OFFICE SUPPLIES 1,500 1,500
15-3-431000-030045 WSIB 30,000 30,000
15-3-431000-040000 CONTRACTED SERVICES 1,526,500 1,469,500
15-3-431000-050000 RENTS AND FINANCIAL EXPENSES 88,500 76,275
15-3-431000-070000 LONG TERM DEBT PRINCIPAL 184,190 184,190
15-3-431000-080002 TO CAPITAL SPECIAL PURPOSE RES 6,105,000 6,105,000
15-3-431000-080008 TO CSRP (DEBT PLACEHOLDERS)28,932 33,043
15-3-431000-080009 TO CSPR (DC DEBT PLACEHOLDERS)672,670 768,232
15-3-431000-090000 INTERNAL RENT 492,414 497,862
15-3-431000-090001 INDIRECT COSTS 147,247 130,088
Total EXPENSE 13,226,796 12,831,423
4-->REVENUE
15-4-431000-710000 USER FEES -76,000 -45,000
15-4-431000-710014 WATER VOLUMETRIC CHARGES -15,797,902 -14,986,849
15-4-431000-710015 WATER FIXED CHARGES -10,531,934 -9,991,233
15-4-431000-710016 WATER FLAT RATE FEES -300,000 -300,000
15-4-431000-710017 WATER STAND PIPE FEES -110,000 -100,000
15-4-431000-710018 WATER TRANSFER AND SHUT OFF FE -100,000 -100,000
15-4-431000-740000 PENALTIES ON WATER -62,700 -62,700
15-4-431000-770000 SALES -225,000 -225,000
15-4-431000-780009 FROM DEVELOPMENT CHARGE RSV FU -672,670 -768,232
15-4-431000-790000 OTHER REVENUE 0 -50,000
Total REVENUE -27,876,206 -26,629,014
SYSTEM MAINTENANCE WATERWORKS Surplus/Deficit -14,649,410 -13,797,591
432000-->REGIONAL CHARGES WATERWORKS
3-->EXPENSE
15-3-432000-040000 REGIONAL VOLUMETRIC CHARGES 9,699,737 9,028,824
15-3-432000-040004 FIXED REGIONAL CHARGES 3,336,284 3,117,666
Total EXPENSE 13,036,021 12,146,490
REGIONAL CHARGES WATERWORKS Surplus/Deficit 13,036,021 12,146,490
433000-->WATER SYSTEMS RESEARCH & DEVELOPMENT
3-->EXPENSE
15-3-433000-010000 LABOUR 315,230 291,367 Page 15 of 21
Page 152 of 679
GL5280 Page :3CITY OF NIAGARA FALLS Date :Dec 02, 2023 Time :2:17 pm
Budget Report By Function
From Category :111000 To Category :823021
Account Code :15-?-??????-??????To :15-?-??????-??????
2024 2023
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
15-3-433000-010013 EMPLOYEE BENEFITS ALLOCATION 93,665 93,219
15-3-433000-040000 CONTRACTED SERVICES 0 100,000
Total EXPENSE 408,895 484,586
WATER SYSTEMS RESEARCH & DEVELOPMENT Surplus/Defic 408,895 484,586
Total CITY WATER FUND 0 0
Page 16 of 21
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Attachment 3 F-2023-37
December 12, 2023
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2024 2023 $%
REVENUES
Penalties 69,300 69,300 0 0.0%
User Fees 31,883,836 28,455,346 3,428,490 12.0%[10]
Miscellaneous Revenue 31,953,136 28,524,646 3,428,490 12.0%
From Special Purpose Reserves 815,000 258,021 556,979 215.9%[11]
From Development Charges 1,043,891 1,007,322 36,569 3.6%[12]
Internal Transfers 1,858,891 1,265,343 593,548 46.9%
TOTAL REVENUE 33,812,027 29,789,989 4,022,038 13.5%[18]
WASTEWATER FUND
2024 Budget to 2023 Budget Comparison
Page 17 of 21
Page 154 of 679
Attachment 3 F-2023-37
December 12, 2023
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2024 2023 $%
WASTEWATER FUND
2024 Budget to 2023 Budget Comparison
EXPENSES
Labour 1,660,952 1,521,838 139,114 9.1%
Employee Benefits Allocation 500,549 451,152 49,397 10.9%
Overtime 39,000 39,000 0 0.0%
Labour and Benefits 2,200,501 2,011,990 188,511 9.4%[13]
Insurance Premiums 195,108 190,641 4,467 2.3%
Materials 329,000 350,500 (21,500)(6.1%)
Office Supplies 150 350 (200)(57.1%)
Professional Development 10,000 0 10,000 N/A
WSIB 40,000 40,000 0 0.0%
Materials 574,258 581,491 (7,233)(1.2%)
Electricity 2,900 42,900 (40,000)(93.2%)[14]
Utilities 2,900 42,900 (40,000)(93.2%)
Contracted Services 1,924,000 2,260,500 (336,500)(14.9%)[15]
Fixed Regional Charges 20,272,624 16,552,973 3,719,651 22.5%[16]
Contracted Services 22,196,624 18,813,473 3,383,151 18.0%
Rents and Financial Expenses 153,500 76,275 77,225 101.2%[17]
External Transfers 350,000 0 350,000 N/A [15]
Long Term Interest 317,142 346,365 (29,223)(8.4%)
Long Term Debt 782,868 782,868 0 0.0%
Debt Charges 1,100,010 1,129,233 (29,223)(2.6%)
Internal Rent 241,981 237,732 4,249 1.8%
Indirect Costs 147,247 130,088 17,159 13.2%
To Capital SPR 6,500,000 6,500,000 0 0.0%
To CSPR (Debt Placeholder)69,001 53,362 15,639 29.3%
To CSPR (DC Debt Placeholder)276,005 213,445 62,560 29.3%[12]
Internal Transfers 7,234,234 7,134,627 99,607 1.4%
TOTAL EXPENSES 33,812,027 29,789,989 4,022,038 13.5%[18]
(Surplus)/Deficit 0 0 0
Page 18 of 21
Page 155 of 679
GL5280 Page :1CITY OF NIAGARA FALLS Date :Dec 02, 2023 Time :2:19 pm
Budget Report By Function
From Category :111000 To Category :823021
Account Code :16-?-??????-??????To :16-?-??????-??????
2024 2023
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
16-->CITY SANITARY SEWER FUND
132015-->INSURANCE CLAIM SERVICES
3-->EXPENSE
16-3-132015-030000 MATERIALS 40,000 75,000
Total EXPENSE 40,000 75,000
INSURANCE CLAIM SERVICES Surplus/Deficit 40,000 75,000
411000-->SYSTEM MAINTENANCE SANITARY SEWER
3-->EXPENSE
16-3-411000-010000 LABOUR 1,345,722 1,230,472
16-3-411000-010013 EMPLOYEE BENEFITS ALLOCATION 406,884 365,478
16-3-411000-010016 OVERTIME 39,000 39,000
16-3-411000-020000 LONG TERM INTEREST 317,142 346,365
16-3-411000-030000 MATERIALS 264,000 250,500
16-3-411000-030005 PROFESSIONAL DEVELOPMENT/WORKS 10,000 0
16-3-411000-030007 ELECTRICITY 2,900 42,900
16-3-411000-030017 INSURANCE PREMIUMS 195,108 190,641
16-3-411000-030035 OFFICE SUPPLIES 150 350
16-3-411000-030045 WSIB 40,000 40,000
16-3-411000-040000 CONTRACTED SERVICES 1,624,000 1,510,500
16-3-411000-050000 RENTS AND FINANCIAL EXPENSES 153,500 76,275
16-3-411000-070000 LONG TERM DEBT PRINCIPAL 782,868 782,868
16-3-411000-080002 TO CAPITAL SPECIAL PURPOSE RES 6,500,000 6,500,000
16-3-411000-080008 TO CSPR (DEBT PLACEHOLDERS)69,001 53,362
16-3-411000-080009 TO CSPR (DC DEBT PLACEHOLDERS)276,005 213,445
16-3-411000-090000 INTERNAL RENT 241,981 237,732
16-3-411000-090001 INDIRECT COSTS 147,247 130,088
Total EXPENSE 12,415,508 12,009,976
4-->REVENUE
16-4-411000-710000 SEWER VOLUMETRIC CHARGES -18,972,502 -16,915,408
16-4-411000-710010 SEWER FIXED CHARGES -12,648,334 -11,276,938
16-4-411000-710011 SEWER FLAT RATE CHARGES -250,000 -250,000
16-4-411000-710012 SEWER LATERAL CLEANING -13,000 -13,000
16-4-411000-740000 PENALTIES ON SEWER -69,300 -69,300
16-4-411000-780003 FROM SPECIAL PURPOSE RESERVES -565,000 0
16-4-411000-780009 FROM DEVELOPMENT CHARGE RSV FU -1,043,891 -1,007,322
Total REVENUE -33,562,027 -29,531,968
SYSTEM MAINTENANCE SANITARY SEWER Surplus/Deficit -21,146,519 -17,521,992
Page 19 of 21
Page 156 of 679
GL5280 Page :2CITY OF NIAGARA FALLS Date :Dec 02, 2023 Time :2:19 pm
Budget Report By Function
From Category :111000 To Category :823021
Account Code :16-?-??????-??????To :16-?-??????-??????
2024 2023
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
412000-->REGIONAL CHARGES SANITARY SEWER
3-->EXPENSE
16-3-412000-040000 CONTRACTED SERVICES 20,272,624 16,552,973
Total EXPENSE 20,272,624 16,552,973
REGIONAL CHARGES SANITARY SEWER Surplus/Deficit 20,272,624 16,552,973
413000-->SANITARY SYSTEMS RESEARCH & DEVELOPMENT
3-->EXPENSE
16-3-413000-010000 LABOUR 315,230 291,366
16-3-413000-010013 EMPLOYEE BENEFITS ALLOCATION 93,665 85,674
16-3-413000-030000 MATERIALS 25,000 25,000
16-3-413000-040000 CONTRACTED SERVICES 300,000 750,000
16-3-413000-060000 EXTERNAL TRANSFERS 350,000 0
Total EXPENSE 1,083,895 1,152,040
4-->REVENUE
16-4-413000-780003 FROM SPECIAL PURPOSE RESERVES -250,000 -258,021
Total REVENUE -250,000 -258,021
SANITARY SYSTEMS RESEARCH & DEVELOPMENT Surplus/De 833,895 894,019
Total CITY SANITARY SEWER FUND 0 0
Page 20 of 21
Page 157 of 679
Attachment 5 F-2023-37
December 12, 2023
Reserve Name Reserve
Type
Reserve
Number
2024
Budgeted
Use
Notes
Proposed Reserve Use in 2024 Water Budget:
Water Rate Stabilization SPR 231 65,000 To cover 50% of planned tenant write offs.
Development Charges - Water ORF 400219 672,670
This transfer will not occur until such time as the
debt is actually issued and payments are
required.
737,670
Proposed Reserve Use in 2024 Wastewater Budget:
Wastewater Rate Stabilization SPR 160 65,000 To cover 50% of planned tenant write offs.
Wastewater Rate Stabilization SPR 160 500,000 To partially mitigate Region "true up"
Wastewater charges
WRAP SPR 282 200,000 To partially offset planned WRAP spending
Local Drainage Assist SPR 337 50,000 To offset planned Local Drainage spending
Development Charges -
Wastewater ORF 400219 1,043,891
This transfer will not occur until such time as the
debt is actually issued and payments are
required.
1,858,891
Legend:
SPR = Special Purpose Reserve
ORF = Obligatory Reserve Fund
2024 Draft Water and Wastewater Budget - Use of Reserve Funding
Page 21 of 21Page 158 of 679
2024 Mayor’s
Proposed Water
and Wastewater
Budgets
CITY OF NIAGARA FALLS
December 12,
2023
Page 159 of 679
2024 Utility Budget includes Water and Wastewater
Two (2) tiered service delivery (Region/City of
Niagara Falls)
Breakdown of City and Region expenditures for 2024
Highlights and summary of rebate programs
included in this budget
Proposed 2024 rates and impacts on users
Recommendation to deem the budgets adopted as of
December 12, 2023 with the 2024 proposed rates
effective January 1, 2024
Overview
Page 160 of 679
Regional Municipality of Niagara
Page 161 of 679
City of Niagara Falls Responsibilities
Page 162 of 679
Water Budget Expenditures
TOTAL EXPENSESCITY COSTSREGIONAL COSTS
100%$27,941,20653%$14,905,18547%$13,036,0212024
100%$26,629,01454%$14,482,52446%$12,146,4902023
100%$1,312,19232%$422,66168%$889,531Increase
53%47%
SUMMARY
Page 163 of 679
TOTAL EXPENSESCITY COSTSREGIONAL COSTS
100%$33,812,02740%$13,539,40360%$20,272,6242024
100%$29,789,98944%$13,237,01656%$16,552,9732023
100%$4,022,0388%$302,38792%$3,719,651Increase
40%60%
SUMMARYWastewater Budget
Expenditures
Page 164 of 679
TOTAL EXPENSESCITY COSTSREGIONAL COSTS
100%$61,753,233 46%$28,444,588 54%$33,308,645 2024
100%$56,419,003 49%$27,719,540 51%$28,699,463 2023
100%$5,334,230 14%$725,048 86%$4,609,182 Increase
46%54%
SUMMARYCombined W/WW
Budget Expenditures
Page 165 of 679
Annual Residential Charges
Comparison to LAMs
RATES
275m3
(annual cost)
Municipality175m3
(annual cost)
Municipality85m3
(annual cost)
Municipality
1,924.69 Fort Erie1,659.58 Port Colborne1,532.50 Port Colborne
1,855.68 Welland1,522.49 Fort Erie1,160.51 Fort Erie
1,800.78 Port Colborne1,340.55 Welland911.62 Niagara on the Lake
1,736.48 Lincoln1,227.24 West Lincoln906.84 West Lincoln
1,593.61 Thorold1,216.11 Thorold876.93 Welland
1,583.24 West Lincoln1,185.28 Lincoln876.36 Thorold
1,470.05 Niagara on the Lake1,176.14 Niagara on the Lake862.10 Niagara Falls
1,452.43 Niagara Falls1,141.73 Niagara Falls727.75 Pelham
1,430.73 St. Catharines1,046.83 St. Catharines701.32 St. Catharines
1,354.37 Pelham1,024.57 Pelham689.20 Lincoln
1,620.21 Average1,254.05 Average924.51 Average
Compares City of Niagara Falls 2024 rates to Local Area Municipality 2023 rates.Page 166 of 679
Water Budget Expenditures DETAILS
Variance
(%)
Variance
($)20232024Expenses
7.4%670,913 9,028,824 9,699,737 Regional Charges -Volumetric
7.0%218,618 3,117,666 3,336,284 Regional Charges -Fixed
0.0%0 6,105,000 6,105,000 Transfer to Capital Reserves
(12.4%)(99,673)801,275 701,602 Debt Placeholders*
6.9%522,334 7,576,249 8,098,583 Net City Operating Charges
4.9%1,312,192 26,629,014 27,941,206 Total Expenses
(2.4%)39,562 (1,650,932)(1,611,370)Non-Rate Revenue**
5.4%1,351,754 24,978,082 26,329,836 Amount to be raised from
rates
*Offsetting Development Charge revenue budgeted, Net Debt Placeholder budget is $28,932
** Includes user fees (account set up, disconnection/reconnection fees), flat rate fees, stand pipe fees, penalties,
water meter sales and other revenue. Page 167 of 679
Water
Expenditures
25%
75%
Regional Costs in 2024
Based on 75% volumetric ($9,699,737)
and 25% fixed ($3,336,284)
Budgeted Transfer
AMP Requirement
~$2.76M
$8.86 M$6.1 MKEY POINTS
AMP Requirements
$6.1M capital transfer is
still lower than AMP
requirements of $8.86M*
This is partially offset by
the use of OLG
contribution funds.
*Per 2022 Asset Management
Plan
Page 168 of 679
Water Expenditures
Three (3) new staff members required:
•2 x Water Quality Technician
•DWQMS (Drinking Water Quality
Management Standard) Coordinator
Debt Placeholder amount of $701,602 is
partially offset by $672,670 contribution from
DCs for a net Debt Placeholder budget of
$28,932.
KEY POINTS
Page 169 of 679
Rebate Programs WATER BUDGET
Senior Water Account
Rebate
•2024 budget $102,000
•1,000 rebates (1044 approved in
2023)
$102 account credit if:
•City of Niagara Falls water customer and
Property Owner who is residing at
property
•Age 65 or over on June 30 of
the current year
•Receiving Federal Guaranteed
Income Supplement
Sod Watering Rebate
•2023 budget of $2,000
•200 applications ($1,980 approved
in 2023 to date)
$10.00 sod watering rebate to:
•Any resident who experienced sod
damage as a result of City of NF
operations
High Water Consumption
Adjustment
•2023 budget of $35,000
($25,618 in adjustments approved in
2023 to date)
•Rebate of 50% of volumetric charge per
m3 on excess consumption during a
period of a leak
•Residential customers only
•One-time only rebate, per account
holder, per property address
Page 170 of 679
DETAIL
Variance
(%)
Variance
($)20232024Expenses
22.5%3,719,651 16,552,973 20,272,624 Regional Charges -Fixed
0.0%0 6,500,000 6,500,000 Transfer to Capital Reserves
N/A345,006 0 345,006 Debt Placeholders*
(0.6%)(42,619)6,737,016 6,694,397 Net City Operating Charges
13.5%4,022,038 29,789,989 33,812,027 Total Expenses
74.9%(938,553)(1,252,638)(2,191,191)Non-Rate Revenue**
10.8%3,083,485 28,537,351 31,620,836 Amount to be raised from
rates
* Includes some offsetting Development Charge revenue budgeted, Net Debt Placeholder budget is $69,001
** Includes $500,000 rate stabilization reserve funding to partially mitigate Region increase as well as flat rate fees,
sewer lateral cleaning fees, penalties, transfers from DCs, and special purpose reserves
Wastewater Budget
Expenditures
Page 171 of 679
100%
Regional Costs in 2024
Annual treatment costs from Region are
100% fixed.
AMP Requirements
-
$6.5M capital transfer is still
lower than AMP requirements of
$7.13M*
This is partially offset by the use
of OLG contribution funds.
*Per 2022 Asset Management Plan
Budgeted Transfer
AMP Requirement
~$630,000
$7.13 M$6.5 MWastewater
Expenditures
KEY POINTS
Page 172 of 679
One (1) new staff members required:
•Wastewater Compliance Analyst
Debt Placeholder amount of $345,006 is partially
offset by $276,005 contribution from DCs for a net
Debt Placeholder budget of $69,001.
$500,000 of the City’s Wastewater Rate
Stabilization reserve is recommended (and
included) to be used to partially mitigate Region
“true up” on Wastewater costs.
•The use of $500,000 of rate stabilization reserves
reduces the annual impact to the average user (175m3
per year) by $9.75 from $1,151.44/year to
$1,141.69/year
Wastewater
Expenditures KEY POINTS
Page 173 of 679
Rebate Programs WASTEWATER BUDGET
Weeping-Tile Removal Assistance Program (WRAP)
•2023 budget of $350,000
•Up to 67 applications (52 applications approved in 2023, 8 denied)
•Note: Program has been on hold for a few months as staff make changes,
will resume in January
Maximum $4,000 (Incl. HST)
•Weeping-tile investigation and disconnection
•Sump pump and backup
Maximum $1,200 (Incl. HST)
•Weeping-tile investigation
•Purchase and installation of Backwater Valve to prevent
sewage flows from backing up into the basement
Page 174 of 679
2024 Proposed Rates RATES
Variance ($)20232024
Water Rates
$7.80 $263.88 $271.68 Fixed (annual)
$0.080 $1.314 $1.394 Volumetric (per m3)
Wastewater Rates
$28.44 $297.84 $326.28 Fixed (annual)
$0.195 $1.518 $1.713 Volumetric (per m3)
Combined Rates
$36.24 $561.72 $597.96 Fixed (annual)
$0.275 $2.832 $3.107 Volumetric (per m3)
Regional Municipality of Niagara has committed to increasing water by 3.8% and wastewater by 6.0% (average 4.9%) for the next five (5) years in an effort to
move towards sustainability.Page 175 of 679
2024 Proposed Rates RATES
Variance2023% of Total2024Meter Size
479 30,657 96.55%31,136 ⅝” x ¾”
10 357 1.14%367 1”
15 255 0.84%270 1 ½”
8 315 1.00%323 2”
0 81 0.25%81 3”
2 42 0.14%44 4”
0 22 0.07%22 6”
1 3 0.01%4 8”
0 1 0.00%1 10”
515 31,733 100%32,248 Page 176 of 679
Impact on ⅝” x ¾”
Meter Size Three (3) scenarios
96%
R1 ⅝” x ¾” meters make up
96.6% of the system
Low Water User
(85m3)
Average Water User
(175m3)
High Water User
(275m3)
RATES
Page 177 of 679
RATES
202320242023202420232024Rate Comparison
275m3175m385m3Annual Usage:
Water
$263.88 $271.68 $263.88 $271.68 $263.88 $271.68 Fixed (annual)
$361.35 $383.35 $229.95 $243.95 $111.69 $118.49 Volumetric (per m3)
Wastewater
$297.84 $326.28 $297.84 $326.28 $297.84 $326.28 Fixed (annual)
$417.45 $471.08 $265.65 $299.78 $129.03 $145.61 Volumetric (per m3)
$1,340.52 $1,452.39 $1,057.32 $1,141.69 $802.44 $862.06 Total
$111.87 $84.37 $59.62 Total Annual Change
$9.32 $7.03 $4.97 Total Monthly Change
Impact on ⅝” x ¾”Page 178 of 679
Annual Residential Charges
Comparison to LAMs
RATES
275m3
(annual cost)
Municipality175m3
(annual cost)
Municipality85m3
(annual cost)
Municipality
1,924.69 Fort Erie1,659.58 Port Colborne1,532.50 Port Colborne
1,855.68 Welland1,522.49 Fort Erie1,160.51 Fort Erie
1,800.78 Port Colborne1,340.55 Welland911.62 Niagara on the Lake
1,736.48 Lincoln1,227.24 West Lincoln906.84 West Lincoln
1,593.61 Thorold1,216.11 Thorold876.93 Welland
1,583.24 West Lincoln1,185.28 Lincoln876.36 Thorold
1,470.05 Niagara on the Lake1,176.14 Niagara on the Lake862.10 Niagara Falls
1,452.43 Niagara Falls1,141.73 Niagara Falls727.75 Pelham
1,430.73 St. Catharines1,046.83 St. Catharines701.32 St. Catharines
1,354.37 Pelham1,024.57 Pelham689.20 Lincoln
1,620.21 Average1,254.05 Average924.51 Average
Compares City of Niagara Falls 2024 rates to Local Area Municipality 2023 rates.Page 179 of 679
Monthly Fixed Charges
by Meter Size
RATES
Variance20232024Meter Size
$3.02 $46.81 $49.83 ⅝” x ¾”
$7.02 $70.22 $77.24 1”
$16.31 $175.55 $191.86 1 ½”
$33.60 $327.69 $361.29 2”
$53.99 $643.68 $697.67 3”
$84.94 $1,123.52 $1,208.46 4”
$166.87 $2,200.22 $2,367.09 6”
$251.07 $3,698.24 $3,949.31 8”
$355.26 $5,313.30 $5,668.56 10”
Note: 96% of the water system utilizes a ⅝” x ¾” meter.Page 180 of 679
Dashboard Update RATES
As of Nov. 30, 2023:
10,964
Water accounts
signed up on our
dashboard
Page 181 of 679
Recommendations
RATES
1.That Council RECEIVE the 2024 Mayor's Proposed
Draft 2024 Water and Wastewater budgets with
revenues and expenses totaling $27,941,206, and
$33,812,027 respectively.
2.That Council APPROVE the use of reserve funding as
outlined in Attachment 5 of Report F-2023-37.
3.That Council makes amendments (if any) to the
Mayor's Proposed Draft 2024 Water and Wastewater
budgets, by way of resolution, during this regular
meeting of Council (December 12, 2023); and
4.Further, should Council be satisfied all possible
amendments have been considered, that by way of
resolution, Council shorten the 30 day review period,
allowed under the Strong Mayors Act, by 25 days,
such that the review period ends on December 12,
2023; and
Page 182 of 679
Recommendations RATES
If no amendments have been made and
recommendation #4 has been approved to shorten the
review period, then the budget will be deemed adopted
(i.e. approved) as of December 12, 2023.
If amendments have been made, please consider
recommendation #5 (if no amendments made,
recommendation #5 is not applicable):
5.Further, should the Mayor be satisfied that he will not
exercise his veto rights to Councils amendments, that
the Mayor consider shortening his 10-day veto period
by 10 days, by providing written documentation to
members of Council and the municipal clerk to shorten
the veto period, such that the veto period ends on
December 12, 2023, thereby allowing the Mayor's
Proposed Draft 2024 Water and Wastewater Budgets
to be deemed adopted on December 12, 2023.Page 183 of 679
Questions?
CITY OF NIAGARA FALLS
THANK YOU!Page 184 of 679
The City of Niagara Falls, Ontario
Resolution
December 12, 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 s. 5.1 of the City’s Procedural By-law states that all regular meetings of
Council shall be held according to the schedule to be set annually.
WHEREAS on January 15, 2024, Niagara Falls City Council will be holding a Closed
Meeting as permitted under s. 239 (3.1) of the Municipal Act, namely;
1. A meeting of council may be closed to the public if the meeting is held for the
purpose of educating or training the members.
2. At the meeting, no member discusses or otherwise deals with any matter in a
way that materially advances the business or decision-making of the council.
THEREFORE BE IT RESOLVED that on January 15, 2024 Niagara Falls City Council will
go into a closed meeting to consider matters that fall under section 239 (3.1) educational
aspects related to the 2024 Budget Process. No decisions related to the budget will be
made at this time but Council members will be permitted to ask questions of staff related
to the upcoming budgets.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 185 of 679
The City of Niagara Falls, Ontario
Resolution
December 12, 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 December 12, 2023, Niagara Falls City Council will be holding Closed
Meetings as permitted under s. 239 (2) of the Municipal Act, namely;
(c) a proposed or pending acquisition or disposition of land by the municipality
(d) labour relations or employee negotiations
(e) litigation or potential litigation, affecting the municipality
(f) advice that is subject to solicitor-client privilege;
THEREFORE BE IT RESOLVED that on December 12, 2023 Niagara Falls City Council
will go into a closed meeting to consider matters that fall under 239 (2) (c) to discuss the
possible disposition of land by the municipality; employee negotiations; a matter that
could involve potential litigation that may require advice subject to solicitor-client privilege
regarding the Assessment Review Board proceedings; and advise that is subject to
solicitor-client privilege.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 186 of 679
CAO-2023-07
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Land Acknowledgement - Legal Opinion
Recommendation(s)
1. That the Mayor and Council adopt the revised statement for its land
acknowledgement as outlined in this report.
2. That Council direct staff to offer new opportunities for interested Indigenous
community members to share traditional meeting openings.
3. Have staff provide Committees with a statement for a land acknowledgement.
Executive Summary
A land acknowledgement is spoken by the mayor at the beginning of each City Council
Meeting. The acknowledgement has changed over time, but the following is presently
used: "We acknowledge and thank the Indigenous peoples who were stewards of this
land for a millennia before us." Following the land acknowledgement, there is an
opportunity to listen to Indigenous voices from around the community with "traditional
meeting openings."
This land acknowledgement is posted on the City of Niagara Falls website
websitehttps://niagarafalls.ca/city-hall/truth-and-reconcilliation.aspx : "With the aim of
educating our community and acknowledging the many land treaties that overlay the
City of Niagara Falls and Niagara Region, we acknowledge and thank the Indigenous
people who were stewards of the land for a millennia before us."
There is an In-Camera update to this report that provides legal advice to City Council in
from outside legal Counsel.
Background
An Indigenous Land Acknowledgement has officially been offered at the start of each
City Council Meeting for more than two years. Prior to that time, the practice was not
streamlined. An assessment of many Niagara communities' participation in the practice
of delivering land acknowledgements and conversations with Indigenous community
members took place by elected officials and city staff. The mayor's office, in partnership
Page 1 of 3
Page 187 of 679
with a number of Indigenous people from around Niagara, implemented a meaningful
approach to opening City of Niagara Falls Council Meetings. This included the practice
of the mayor offering a land acknowledgement followed by an opportunity to listen to
and amplify Indigenous voices by sharing "traditional meeting openings" directly from
Indigenous community members. A deliberate attempt was made to depart from the
practice of using a standardized or obligatory paragraph. The intent of the approach
was to be meaningful and inclusive of Indigenous voices.
This approach was developed during COVID-19 when live-in-person meeting
attendance was limited. Indigenous participants agreed to offer a video taped
"traditional meeting opening" that could be used on a rotating basis at the opening of
Council Meetings and this practice has remained.
In April, 2023, the following motion from City Council's Diversity, Equity and Inclusion
Committee "that City Council include an official Land Acknowledgement at the start of
all Council Meetings, City Committee Meetings and City-led public events," was brought
forward to City Council. This motion failed to recognize that a land acknowledgement is
read by the mayor at the start of every City Council Meeting.
On Council's request further review of the current practice was undertaken.
Analysis
Staff undertook a scan of various practices and also consulted outside legal expertise.
There is no legal obligation on the City for a land acknowledgement, but it can be one
element of the City's reconciliation efforts. As there is a possibility that a land
acknowledgement could have legal implications, careful consideration of its content is
prudent. The current land acknowledgements spoken by the mayor and on the City's
website, are general enough in nature that they should not, in and of themselves,
impose any obligations upon the City in a non-constitutional stakeholder consultation
context.
A review of practices among public entities found that they differ and there is no
standard approach. It should also be noted that among the various First Nations
represented within the urban indigenous population, there is no consensus on land
acknowledgement protocol, that we have been made aware. There are also conflicting
views on the relevant treaties and historical details.
It should be noted that the acknowledgement could be amended to ensure ongoing
reconciliation is indicated, as part of the City's reconciliation efforts, in addition to
offering historical recognition. Staff are recommending the following land
acknowledgement that includes both of these intentions;
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"We acknowledge and thank the Indigenous peoples who were stewards of this land for
a millennia before us and appreciate our ongoing friendship, communication and ability
to work together."
Overall Staff are of the opinion that continued interaction and engagement with First
Nation representatives in a manner that is authentic and genuine is a best practice.
Operational Implications and Risk Analysis
Staff have received outside legal advice on this matter. Legal Counsel will provide
verbal commentary to Council on this matter during the in-camera portion of the
meeting.
Financial Implications/Budget Impact
none
Strategic/Departmental Alignment
CAO
Legal
Clerk's
Contributor(s)
Carey Campbell
Jason Burgess
Written by:
Carey Campbell, Manager, Mayor & CAO's Offices
Jason Burgess, CAO
Submitted by: Status:
Jason Burgess, CAO Approved
- 06 Dec
2023
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F-2023-30
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: 2024 Schedule of Fees
Recommendation(s)
1. THAT the Schedule of Fees, as presented in the attached schedule, BE
APPROVED with fees effective January 1, 2024.
2. And, THAT staff report back throughout the year with further amendments to the
Schedule of Fees, as required, stemming from ongoing fee study's being
performed in various departments.
Executive Summary
The schedule of fees is a consolidated list of fees charged by City departments to fund
service delivery. Fees are an important revenue source to the City as fees reduce the
amount of property tax revenue required to fund service delivery. To maintain a
sustainable service delivery funding structure, fees need to be indexed annually for
budget inflationary changes, legislative pressures, labour considering contracts,
pressures and service level expectations.
Background
All fees charged by various City departments are listed in the schedule of fees. The
schedule contains many different types of fees that the City is allowed to charge under
the Municipal Act, Building Act and Planning Act. This includes, user fees and charges,
licenses and permit fees and fines and penalties.
User fees and charges are charged to those who directly benefit from the service
provided. Many user fees are charged to the customer as a credit sale with payment
terms of net 30. This means, the City has provided a service to the customer with the
agreement that the customer will pay the City for the services within 30 days of the City
issuing an invoice. If the customer does not honour this agreement the City will charge
1.25% interest until the account is settled and may escalate collection efforts to
decrease the risk of non collection.
Licenses and permit fees are charged to those to prescribe, prohibit, and regulate their
activity. Fines and penalties are charged to those individuals or organizations who are
in contravention with municipal bylaws or policy. Unlike user fees, licenses and permits
are typically paid by the customer when the service has been provided as opposed to a
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credit sale. However, with recent legislative changes, such as those of the
gaining been have installment or plans credit Act, Charges Development sales
popularity. Such arrangements may increase administrative burdens to minimize
collection risks.
Fees are reviewed annually by each department to ensure that amounts charged are
reflective of their service delivery objectives. The attached list requires Council
approval. Approved fees are used to estimate service area revenue in the annual
operating budget. Revenue is budgeted based on approved fees and anticipated
service levels or usage. The effective date of the new fees will be January 1, 2024,
except where otherwise applicable. The schedule of fees bylaw will be amended as
fees, such as building permits, development charges, water and sewer rates, are
approved (i.e., consultation, public events after at Council by subsequent
water/wastewater budget approval).
Analysis
The following is a general year to year fee change synopsis by service area.
Clerks
Clerks fees have stayed the same as 2023 with the exception of marriage licences
increasing as follows (exclusive of HST) which will bring our charges even or above
comparable local officiants:
Item 2023 2024 Increase/
(Decrease)
Marriage licence $140.00 $150.00 $10.00
Civil marriage at City Hall $300.00 $350.00 $50.00
Civil marriage within the City of NF (offsite) $350.00 $425.00 $75.00
Fees recover direct costs associated with the offering of civil marriage ceremonies.
Finance
Water and Wastewater consumptive and fixed rates will be presented to Council during
2024 Water Wastewater budget presentation on December 12, 2023. The fee schedule
as it relates to variable and fixed charges will be amended subsequent to Council
approval.
Other finance fee increases include:
Item 2023 2024 Increase/
(Decrease)
Rush tax certificate $50.00 $120.00 $70.00
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Legal
No changes to note.
Business Development
No changes to note.
Planning
Current Planning fees are based on a study conducted in 2008. These fees were not
increased until a minor inflationary increase was introduced in 2022.
Fees related to Pre-consultations, Site Plan Amendments, Plan of Condominium, Part
Lot Control, public notification and Committee of Adjustment services have increased to
better reflect service costs and as a result of budget pressures created by legislative
changes. These fees generally reflect the average fees of such applications across
Regional Municipalities.
The cost of delivering Planning Services at the City has increased as there will be a
substantial impact on staff review times and overall staffing to meet process times. New
fees have been included in 2023 for pre-consultation requests (current fee structure
credits this fee to future planning applications which does not reflect staff costs in
processing such requests), requests for Minister’s Zoning Orders and for resubmission
of plans and studies for review (after the initial two submissions). Planning is subject to
a comprehensive fee study and a separate fee amendments report has been tabled to
Council with recommendation to amend the Schedule of Fees.
Planning fee increases included in the 2024 Schedule of fees are:
Item 2023 2024 Increase/
(Decrease)
Draft Plan $13,900.00 $14,600.00 $700.00
Site Plan Compliance letter $215.00 $231.75 $16.75
Environmental Request letter $215.00 $231.75 $16.75
Zoning Compliance letter $215.00 $231.75 $16.75
Heritage Status Inquiry $215.00 $231.75 $16.75
Building
Building fees have increased as per PBD-2023-58, approved by Council on October 3,
2023.
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Municipal Works - Water and Wastewater
Private Sewer Lateral Cleaning fees have increased as follows:
Item 2023 2024 Increase/
(Decrease)
Mon to Sun 8:00am - 7:15pm $159.04 $169.45 $10.41
Mon to Sun 7:15pm - 8:00pm $199.30 $214.27 $14.97
Mon to Sun 8:00pm - 8:00am and Holidays $400.61 $438.37 $37.76
"no action", cancellation or false alarm
8:00am - 7:15pm $60.00 $85.00 $25.00
"no action", cancellation or false alarm
7:15pm - 8:00am $90.00 $95.00 $5.00
Water and Wastewater services are legislated to be self-sustaining. As such, fees
related to maintenance and repairs of private systems should increase to reflect annual
budget pressures associated with labour, materials and contracted services. Fees
relating to new water meters have increased in accordance with vendor increases.
Water and Wastewater fixed and variable fees to be determined during the upcoming
Water Wastewater budget presentation to Council on December 12, 2023, fees will be
recommended to be amended subsequent to approval.
Other water fees have increased as follows:
Item 2023 2024 Increase/
(Decrease)
Bulk Water Rate (per cubic meter) $2.12 $2.30 $0.18
City supervised tapping fees: 3/4"-5'8" up to
and including 2" service
$131.10 140.66 $9.56
City supervised tapping fees: 4" service and
up
$464.50 $475.41 $10.91
Fail to be ready for an appointment $75.00 $85.00 $10.00
Exercise & Operate Curb Stop or Property
Valve
$69.79 $79.32 $9.53
3rd Party Meter Testing/Verification (up to
1")
$250.12 $258.48 $8.36
Hydrant Flushing/Testing: per hydrant $69.79 $79.32 $9.53
Shut off or turn on water supply (arrears &
seasonal shut off):
During normal working hours $91.39 $97.52 $6.13
Outside normal working hours $219.27 $231.98 $12.71
Shut off or turn on water supply
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(maintenance):
During normal working hours $69.79 $79.32 $9.53
Outside normal working hours $197.67 $213.78 $16.11
Administrative : Invoicing $25.00 $30.00 $5.00
Municipal Works Administrative and Traffic
Five (5) new fees have been added as follows (exclusive of HST):
Item 2023 2024 Increase/
(Decrease)
NEW: Saved documents on customer supplied
USB N/A $5.31 $5.31
NEW: Saved documents on City supplied USB N/A $13.27 $13.27
NEW: Engineering Manuals and Reports (binder,
cover & Assembly) N/A $13.27 $13.27
NEW: Engineering Manuals and Reports (per
sheet/double sided) N/A $0.03 $0.03
Detailed Traffic Control Plan and/or Detour Route
Plan Review N/A $150.00 $150.00
Municipal Works Sidewalks
Increases due to addition of sod restoration which wasn't previously charged back and
changing the administration time from 30 minutes to one (1) hour.
Item 2023 2024 Increase/
(Decrease)
Sidewalk repair per square meter $164.96 $214.67 $49.71
Curb cut per meter (minimum cut fee $200.00) $79.96 $94.67 $14.71
Curb Repair per meter (minimum repair fee
$50.00) $184.96 $204.67 $19.71
Municipal Works - Sanitary, Storm or Water Model Assessments
Item 2023 2024 Increase/
(Decrease)
Small scale development and simple modeling $1,500.00 $1,750.00 $250.00
Mid-scale development and medium
complexity modeling
$3,000.00 $3,500.00 $500.00
Large scale development and high complexity
modeling
$6,000.00 $7,000.00 $1,000.00
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Parking
Parking and traffic fees have changed as follows:
Item 2023 2024 Increase/
(Decrease)
Commercial Vehicle (loading permit annually) -
first such vehicle
$82.50 $75.00 ($7.50)
Commercial Vehicle (loading permit annually) -
second such vehicle-under the same registered
owner as first permit
$27.50 $25.00 ($2.50)
Commercial Vehicle (loading permit annually) -
each additional such motor vehicle under the
same registered owner as the 1st and 2nd
permits
$16.50 $15.00 ($1.50)
Oversize/overweight load permit - single trip $82.50 $80.00 ($2.50)
Oversize/overweight load permit - annually $220.00 $210.00 ($10.00)
On-street overnight parking permit - annually $121.68 $110.62 ($11.06)
Newspaper box permit - annually $33.00 $40.00 $7.00
Parking meter bagging (per meter per day) -
standard daily route for bagged
$11.00 $10.00 ($1.00)
Residential on-street permit/replacement cost $16.50 $15.00 ($1.50)
Residential Convenience pass $97.35 $88.50 ($8.85)
Lot 16 - per month $35.00 $30.00 ($5.00)
Traffic
Item 2023 2024 Increase/
(Decrease)
8 hour intersection traffic count - per location $300.00 $315.00 $15.00
24 hour automatic traffic recorder (ATR) - per
location $100.00 $135.00 $35.00
24 hour speed study (ATR) - per location $245.00 $250.00 $5.00
Disabled Parking Sign $30.00 $40.00 $10.00
Disabled Parking tab - ($300 fine) $15.00 $20.00 $5.00
Six foot telespar post & base $50.00 $60.00 $10.00
Ten foot telespar post and base $60.00 $70.00 $10.00
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Fire
Changes in fire fees are noted in the chart below. Some fire fees have remained the
same as 2023 which are not noted below. Fees with staffing components have
increased by 3%.
Item 2023 2024 Increase/
(Decrease)
NEW: General Inspections during regular
hours/hour N/A $59.26 $59.26
NEW: After hours Inspections/Plans Review
(minimum 4 hours)/hour N/A $125.00 $125.00
Municipal Licensing Re-inspection $57.37 $59.26 $1.89
FPO Response & Remediation of Hazard
Fee/hr $57.37 $59.26 $1.89
Preconstruction consultation $57.37 $59.26 $1.89
Occupant Load Signs $57.37 $59.26 $1.89
Fire Safety Plan Review & Approval - per
submission $57.37 $59.26 $1.89
ULC Integrated Life Safety System Test
Approval $57.37 $59.26 $1.89
Fire Safety Training - Business (minimum of 4
hours) per hour $57.37 $59.26 $1.89
Supervision of Fire Drills - Business - per Fire
employee (minimum 1 hour) $57.37 $59.26 $1.89
Tower with live burn props - 8 hours $1,722.64 $1,995.52 $272.88
Tower with live burn props - 4 hours $1,025.32 $1,161.76 $136.44
After hours services (per person/per hour) $86.06 $88.89 $2.83
Cemetery
Cemetery fees increased approximately 3%. Population cohort pressures have placed
increasing demand on available cemetery space. Future expansion has costly land
acquisition costs and increases overall operating costs. Furthermore, fees charged now
must also fund the Cemetery Perpetual Care Trust. When an existing cemetery has
reached capacity, generating no future revenue, the Perpetual Care Trust will be
required to fund Cemetery operations and asset management into perpetuity. If the
Cemetery Trust has insufficient funds to generate enough interest revenue to sustain
the Cemetery, property taxpayers will ultimately fund City services provided to “built out”
Cemeteries.
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Recreation and Culture
Arenas
Arena ice and floor rentals have increases ranging from 1%-8% depending on the rate.
Staff consistently review arena rates in other municipalities to ensure we are staying
competitive with other facilities in the Niagara Region.
The following arena fees have increased (exclusive of HST:)
Item 2023 2024 Increase/
(Decrease)
Arenas, playing fields, Older Adult Centre and
MacBain Community Centre rentals $20.81 $21.43 $0.62
Adult Ice rental - prime time $223.36 $225.60 $2.24
Adult Ice rental - non-prime time $117.10 $119.42 $2.32
Youth Ice rental - prime time (resident) $147.34 $151.76 $4.42
Youth Ice rental - prime time (non-resident) $204.42 $208.51 $4.09
Youth Ice rental - non prime time $94.02 $96.84 $2.82
Youth tournament prime time (non-tenant) $169.81 $174.89 $5.08
Ice Training (non prime time only, 5 skater
maximum) $61.64 $61.94 $0.30
Education rate (all elementary schools) $56.85 $58.55 $1.70
Floor Rental - adult $73.90 $80.00 $6.10
Floor Rental - youth $68.39 $72.00 $3.61
All users - non prime time $146.41 $150.80 $4.39
Tenant Groups - prime time $181.00 $184.62 $3.62
Tenant Groups - non prime time $120.67 $124.29 $3.62
Youth tournament (non-tenant) prime time $169.80 $174.89 $5.09
Floor rental - adult $76.15 $80.00 $3.85
Floor rental - youth $70.44 $72.00 $1.56
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Special Event Rental Fees of Parking Lots and Parks
The following fees are new in 2024 (exclusive of HST):
Item 2023 2024 Increase/
(Decrease)
King Eddy - Full Day (4-12 hours) N/A $500.00 $500.00
King Eddy - Half Day (4 hours or less) N/A $250.00 $250.00
Gale Centre Parking Lot A - Full Day (4-12
hours)
N/A $1,000.00 $1,000.00
Gale Centre Parking Lot A - Half Day (4 hours
or less)
N/A $500.00 $500.00
Gale Centre Parking Lot B - Full Day (4-12
hours)
N/A $500.00 $500.00
Gale Centre Parking Lot B - Half Day (4 hours
or less)
N/A $250.00 $250.00
MacBain Centre Parking Lot A - Full Day (4-12
hours)
N/A $500.00 $500.00
MacBain Centre Parking Lot A - Half Day (4
hours or less)
N/A $250.00 $250.00
MacBain Centre Parking Lot B - Full Day (4-12
hours)
N/A $500.00 $500.00
MacBain Centre Parking Lot B - Half Day (4
hours or less)
N/A $250.00 $250.00
MacBain Skatepark Lot - Full Day (4-12 hours) N/A $250.00 $250.00
MacBain Skatepark Lot - Half Day (4 hours or
less)
N/A $125.00 $125.00
Chippawa Arena - Full Day (4-12 hours) N/A $250.00 $250.00
Chippawa Arena - Half Day (4 hours or less) N/A $125.00 $125.00
Chippawa Lions Park Lot - Full Day (4-12
hours)
N/A $250.00 $250.00
Chippawa Lions Park Lot - Half Day (4 hours or
less)
N/A $125.00 $125.00
Chippawa Lions Park - Community Park N/A $75.00 $75.00
City Hall Centennial Square - City-Wide Park N/A $75.00 $75.00
Cummington Square - City-Wide Park N/A $60.00 $60.00
F.H. Leslie Park - Community Park N/A $75.00 $75.00
George Bukator Park - City-Wide Park N/A $60.00 $60.00
John N. Allan Park - Community Park N/A $75.00 $75.00
Lundy's Lane Battlefield Park - City-Wide Park N/A $75.00 $75.00
Special Events Park Rentals N/A $75.00 $75.00
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MacBain Community Centre - Rental Fees
The following rental fees (exclusive of HST) have increased:
Item 2023 2024 Increase/
(Decrease)
Room Rentals (Regular & Out of Town)
Multi-Purpose Room F - Hourly Rate $26.25 $50.00 $23.75
Multi-Purpose Room F - Daily Rate $131.25 $250.00 $118.75
Rental Fees- Gymnasium (for profit)
Youth $65.00 $68.25 $3.25
Youth 1/3 gym $32.50 $34.13 $1.63
Adult $105.00 $110.25 $5.25
Adult 1/3 gym $57.50 $60.38 $2.88
Day Rate $787.50 $826.88 $39.38
Rental Fees- Gymnasium (not for profit)
Youth $65.00 $68.25 $3.25
Youth 1/3 gym $32.50 $34.13 $1.63
Adult $105.00 $110.25 $5.25
Adult 1/3 gym $57.50 $60.38 $2.88
Day Rate $787.50 $826.88 $39.38
Birthday Parties
NEW: Room only N/A $75.00 $75.00
Room & 1/3 Gym $80.00 $100.00 $20.00
NEW: Crafts N/A $30.00 $30.00
NEW: Refund - Administration Fee N/A $21.43 $21.43
NEW: Refund -Program Only (for all
registrations) N/A $10.00 $10.00
Older Adult 60+ Fees
The following older adult fees have increased (exclusive of HST):
Item 2023 2024 Increase/
(Decrease)
Bingo & lunch - member $4.87 $5.31 $0.44
Bingo & lunch - non-member $5.75 $6.19 $0.44
Six Month Membership - Resident $22.12 $26.55 $4.43
Six Month Membership - Non-Resident $26.55 $30.97 $4.42
NEW: Twelve Month Membership - Resident N/A $48.67 $48.67
NEW: Twelve Month Membership - Non-Resident N/A $57.52 $57.52
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Aquatics
The following aquatics fees have changed (exclusive of HST):
Item 2023 2024 Increase/
(Decrease)
Swimming Lessons - Indoor
30 minutes $75.00 $85.00 $10.00
45 minutes $93.80 $106.30 $12.50
60 minutes $112.50 $127.60 $15.10
Adult Lessons $141.59 $152.92 $44.25
Private $250.00 $280.00 $53.10
Swimming Lessons - Outdoor (5 lessons)
30 minutes $30.00 $36.75 $6.75
45 minutes $37.50 $46.05 $8.55
60 minutes $75.00 $55.30 $(19.70)
Private $125.00 $150.00 $25.00
NEW: Adult Lane Swim/Public Swim N/A $110.62 $110.62
Aquatics Certification Course Fees
NEW: Bronze Star N/A $120.00 $120.00
NEW: Bronze Medallion N/A $150.00 $150.00
NEW: Bronze Cross N/A $150.00 $150.00
NEW: National Lifeguard N/A $300.00 $300.00
NEW: National Lifeguard Recert N/A $85.00 $85.00
NEW: Standard First Aid N/A $110.00 $110.00
NEW: Standard First Aid Recert N/A $75.00 $75.00
NEW: Instructors N/A $225.00 $225.00
Athletic Field User Fees
Due to historical decisions, the existing user fees for athletic fields are quite low in
comparison to other municipalities and unsustainable. However, the user groups have
become dependent on these artificially low rates and rapid adjustments to normalize the
rates is not possible, a longer term adjustment is required in this area. Two of the
existing rates were identified as needing to be eliminated as part of the user fee review.
Staff has met with all the resident user groups to work with them on a rate structure that
is fair, increases revenue and is a comfortable increase for their operation. Staff have
eliminated two fees (youth per participant and adult per team) and have replaced them
with reasonable hourly fees. We have provided two scenarios below that show how
these two fees have created a very low hourly fee.
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YOUTH PER PARTICIPANT FEE – this fee was used by the local youth sport groups.
In 2023, the youth per participant rate was $9.78. This $9.78 covered the cost of 1
player for the entire season including practices, games, and tournaments.
User Group Example – if a youth group has 500 players, their cost for the season would
be $4,890. A reasonable amount of time for an association that size is 4,500 hours
which again includes practices, games, and tournaments. When the overall cost to the
association is broken down, the cost is $1.10 per hour.
ADULT PER TEAM FEE – this fee was used by adult teams, baseball, soccer & cricket.
In 2023, the adult per team rate was $198.73. The $198.73 covered games and
practices.
User Group Example - A reasonable amount of time for an adult team is 75 hours in a
season. The cost for an adult team works out to $2.65 per hour. This cost can be
broken down further by dividing the $2.65 by 15 players for practices and up to 30 for
games meaning the adults were paying $0.18/hour/per person. In many cases, our user
fee structure had adult participants paying less than youth.
The 2024 hourly fees are lower than the 2023 but the hourly fee was rarely used as
groups chose the youth per participant fee or adult per team fee. If we were to charge
the 2023 hourly rate, the rate increase would be too significant for our groups. We have
also created a subsidized rate for youth user groups based out of Niagara Falls and that
are registered with an Ontario sport governing body. With the rates proposed in 2024,
we have buy-in from our user groups and are seeing a 35+% increase in the first year.
Athletic Field user fees have changes as follows:
Item 2023 2024 Increase/
(Decrease)
Playing Fields
Youth per participant, includes practices,
games & tournaments $9.78 Removed $(9.78)
Adult per team, includes practices, games
(tournaments not included) $198.73 Removed $(198.73)
Track - exclusive use (Oakes Park) per day $24.71 $25.95 $1.24
A Category Playing Fields
Resident youth $8.16 $4.50 $(3.66)
Non-resident youth $18.70 $10.00 $(8.70)
Resident adult $16.32 $12.00 $(4.32)
Non-resident adult $40.16 $20.00 $(20.16)
Commercial $52.10 Removed $(52.10)
B Category Playing Fields
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Resident youth $6.96 $(6.96)
Non-resident youth $16.32 $(16.32)
Resident adult $13.94 $(13.94)
Non-resident adult $28.28 $(28.28)
Commercial $40.16 Removed $(40.16)
C Category Playing Fields
Resident youth No
charge $2.50 $2.50
Non-resident youth $9.74 $5.00 $(4.74)
Resident adult $10.34 $6.00 $(4.34)
Tournament Day Rate
Resident youth $36.25 $50.00 $13.75
Non-resident youth $101.98 $100.00 $(1.98)
Resident adult $43.67 $70.00 $26.33
Non-resident adult $209.72 $200.00 $(9.72)
Commercial $419.43 Removed $(419.43)
Lighting
Lighting - one hour $20.37 $20.98 $0.61
Lighting - two hours $33.96 $34.98 $1.02
Lighting - per four hour block $67.90 $69.94 $2.04
Lighting (youth per evening) $32.77 $33.75 $0.98
Niagara Falls Youth Users
Qualify for a reduced rate: 50% off the regular hourly rate
1. Niagara Falls based youth organization
2. Registered youth sport with an Ontario governing body
3. Documentation must be provided to staff for approval
Comparison of Municipal Baseball Diamond (from 2022)
The chart below shows how much lower the proposed rates for baseball are in
comparison to other cities in the region. Unlike ice users who pay rates that are
comparable to other municipalities the level of taxpayer subsidy is significantly higher.
This will require further adjustment in future years.
Municipality Hourly Fee % Increase from CNF
Welland $24.00 1,387%
Pelham $18.00 1,040%
Thorold $18.00 1,040%
Port Colborne $7.43 429%
St Catharines $10.88 629%
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Niagara Falls
GNBA $1.73
NGMSA $1.10
Museum
In terms of the decrease for galleries/hour rental, the recommended $50/hour is in line
with the Sherman Zavtiz Theatre and the Courtyard. After a year of doing many more
rentals and talking to potential renters (including experience staffing these rentals), the
premium that we set for 2023 is not in line and not a reasonable amount if we want to
maximize rentals. The recommended 2024 charge is more in line with market value.
The following museum fees have changed:
Item 2023 2024 Increase/
(Decrease)
NEW: Historic Walking Tours (Adult) N/A $10.62 $10.62
NEW: Historic Walking Tours (Student) N/A $8.85 $8.85
NEW: Historic Walking Tours (Family) N/A $35.40 $35.40
45 minute museum or Battlefield experience
(group)/person
$5.31 $6.19 $0.88
45 minute museum or Battlefield experience
(group)/person
$7.96 $8.85 $0.89
Rental: Galleries/hour (only between 5-9pm on
Tues, Wed, Fri, Sat)
$123.89 $50.00 $(73.89)
NEW: Dishes (0-30 ppl) N/A $75.00 $75.00
NEW: Dishes (31+ ppl) N/A $125.00 $125.00
Niagara Falls Exchange
Item 2023 2024 Increase/
(Decrease)
Indoor stage rental (with minimum 3 hour rental) $135.00 $400.00 $265.00
Community maker rentals (with minimum 3 hour
rental) $135.00 $350.00 $215.00
NEW: Studio Gallery/month N/A $250.00 $250.00
NEW: Atrium Gallery/month N/A $250.00 $250.00
NEW: Corkage Fee N/A $10.00 $10.00
NEW: Labour for corkage fee/hour/person N/A $20.00 $20.00
NEW: Comfort Lounge Rental N/A $250.00 $250.00
NEW: Linens rental (table cloths, napkins, N/A $3.50 $3.50
Page 14 of 58
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overlays)/item
Financial Implications/Budget Impact
Fees charged by the municipality should keep pace with annual budget pressures to
maintain proportional funding structure for each service area. Increasing fees will
reduce the amount of property tax revenue required to fund services. Labour, materials,
and contracted services comprise a significant amount of total City expenses.
The 2024 schedule of fees bylaw will be published by the Finance Department
subsequent to Council approval. Changes in respect to the individual fees for 2024 will
be considered as an integral part of the 2024 Budget process.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources and by making sound long-term
choices that allow core City programs and services to be sustainable now and
into the future.
2. To be efficient and effective in our delivery of municipal services and use of
resources and accountable to our citizens and stakeholders.
List of Attachments
2024 Schedule of Fees
Written by:
Tiffany Clark, Director of Finance
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 05 Dec
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 06 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
Page 15 of 58
Page 204 of 679
Schedule of Fees
January 1, 2024
Page 16 of 58
Page 205 of 679
3-4
Finance
Water Rates 5
Water/Tax fees 6
Legal 7
Business Development 7
Planning, Building & Development
Planning
Official Plan Amendment/Zoning by-law Amendment/Site Plan Amendment 8
Committee of Adjustment/Publications/CIP's 9
Building
Occupancies 10-11
Building Stand Alone Permit Fees 12-13
Demolition/Administration Fees 14
Sign/Pool Permits, Deposits, Lot Grading, Refunds 15
Municipal Enforcement & Property Standard Fees/Other Applicable Fees 16
Development Charges 17-18
Municipal Works
Water/Sewer Fees 19-20
Subdivision & Vacant Land Condominium and Deposits/Administrative Fees 21
Forestry/Curb & Sidewalk Alterations 22
Parking & Traffic 23-24
Fire
Inspections/Approvals/Permits/Products/Misc.25-26
Training/Public Education Services/Fire Protection Services 27
Cemeteries
Interment Rights/Fees/Services 28
Dis-Interment Services/Administration Services 29
Products/Memorial Program/Foundation/Marker/Installation Services 30
Notes 31
Recreation, Culture & Facilities
Ice/Floor Rentals 32
Special Event Rental Rates 33
Room Rentals (MacBain Community Centre)34
MacBain Community Centre - Indoor Play Structure/Birthday Parties 35
Older Adults (MacBain Community Centre) Program & Rental Fees 36
Aquatics (MacBain Community Centre) 37
Room Rentals (Gale Centre/Chippawa Arena)/Public Skating 38
Playing Fields 39
Museum Fees 40-41
Niagara Falls Exchange Fees/Rentals 42-43
Clerks Department
Table of Contents
Page 17 of 58
Page 206 of 679
Licence $ Rate $ HST Expiration Date
Amusement Place, etc. 45.00 N/A April 30
Auctioneers 65.00 N/A December 31
Bake Shops 30.00 N/A December 31
Barber Shops, Hair Dressing & Esthetician Establishments 30.00 N/A December 31
Bill & Sign Posting and Installation 100.00 N/A December 31
Billiard, Bagatelle & Pool Establishments 70.00 N/A December 31
Billiard, Bagatelle & Pool Establishments - plus rate per table 20.00 N/A December 31
Bowling Alleys - per lane 20.00 N/A December 31
Butchers 30.00 N/A December 31
Camping Establishments 110.00 N/A December 31
Commercial Parking Lots 100.00 N/A December 31
Driving Schools 60.00 N/A December 31
Driving Instructors 25.00 N/A December 31
Exhibitions, etc. 45.00 N/A December 31
Flea Markets for first 3 consecutive days 650.00 N/A December 31
Flea Markets - additional rate per day 100.00 N/A To a maximum of $1,150
in one calendar year
Food Premises 30.00 N/A December 31
Laundrymen, Laundry Companies, Dry Cleaners, etc. 30.00 N/A December 31
Motels per room 40.00 N/A April 30
Motels Plus rate per room 5.00 N/A April 30
Pawn Brokers 110.00 N/A December 31
Pedlars - Resident 110.00 N/A December 31
Pedlars - Non-resident 650.00 N/A December 31
Photographers - Resident 65.00 N/A December 31
Photographers - Non-resident 140.00 N/A December 31
Public Garages 30.00 N/A December 31
Public Auto Service Stations 30.00 N/A December 31
Public Hall Grade 1 - Capacity 1,000+45.00 N/A December 31
Public Hall Grade 2 - Capacity 600-999 40.00 N/A December 31
Public Hall Grade 3 - Capacity 300-599 35.00 N/A December 31
Public Hall Grade 4 - Capacity 299-under 30.00 N/A December 31
Refreshment Vehicles - Motorized 185.00 N/A April 30
Refreshment Vehicles - Non-Motorized 100.00 N/A April 30
Restaurants 40.00 N/A December 31
Specific Location Daily Sales - Resident 150.00 N/A To a maximum of $1,000
in one calendar year
Specific Location Daily Sales - Non-Resident (for 1st day)500.00 N/A N/A
Plus additional rate per day 100.00 N/A N/A
Charitable Groups - for first 3 days 325.00 N/A To a maximum of $575
in one calendar year
Plus additional rate per day 50.00 N/A N/A
Tattoo and Body Piercing Parlours 100.00 N/A December 31
Theatres 110.00 N/A December 31
Tourist Homes, Bed & Breakfasts 65.00 N/A April 30
Second Level Lodging 200.00 N/A December 31
Group Homes 25.00 N/A December 31
First year Administrative Fee on all Licences 25.00 N/A N/A
Clerks Department
3 Page 18 of 58
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Marriage Licence Fees $ Rate $ HST Expiration Date
Marriage Licence (payable at the time of application)150.00 N/A N/A
Seasonal Business Services Licences $ Rate $ HST Expiration Date
Seasonal Business Services Licence 1,200.00 N/A
Valid from Victoria Day
weekend until Canadian
Thanksgiving
Monthly Seasonal Business Service Licence 300.00 N/A Valid for four (4) consecutive
weeks.
Civil Marriage Ceremony Fees $ Rate $ HST Total
Civil Marriage in or at City Hall i.e. Council Chambers during
business hours of 9:00 am to 4:00 pm $175.00 City
Administration Fee (non-refundable) $175.00 Officiant fee(1)
350.00 45.50 395.50
Civil Marriage in City of Niagara Falls/Off site in Ontario
outside of business hours $175.00 City Administration Fee
(non-refundable) $250.00 Officiant fee(2)
425.00 55.25 480.25
Rehearsal Fee(1)(2) (plus Officiant expenses)75.00 9.75 84.75
Witness Fee (Municipal Staff - per employee) during business
hours (if required)25.00 3.25 28.25
Cleaning Fee (if required)100.00 13.00 113.00
Milage/Expenses - outside of business hours: mileage charge
at current rate as approved by Council; applicable expenses
as agreed upon by both parties, i.e. meals, accomodations
(1) Where a ceremony is performed by a Marriage Offciant who is an employee of the City, the Marriage Officiant Fee is
retained by the City of Niagara Falls
(2) Payment of the City's portion of applicable fees is mandatory and shall not be waived by the Clerk or Designated Officiant.
The Marriage Officiant may , at their sole discretion, waive the portion of the fees (Officiant/Mileage/Expenses) which would
otherwise be payable to them
(3) All applicable insurance coverage shall be the responsibility of the couple and the City shall be provided with the applicable
documentation, including the use of City Hall.
Additional Notes:
1. Additional rental fees may apply for the use of other locations outside of City Hall. Bookings for any other facility is the
responsibility of participants to make appropriate arrangements and payment for a facility to be utilized for the Marriage Ceremony.
2. Fees do not include the Marriage Licence Fee which is established by by-law and my be amended from time to time.
3. All marriage ceremonies shall be performed in accordance with the City's Civil Marriage Soleminization Policy.
Vacation Rental Units/Bed & Breakfast $ Rate $ HST Total
Vacation Rental Units/Bed & Breakfast - new licence or
ownership change*500.00 N/A 500.00
Renewal of Vacation Rental Unit or Bed & Breakfast (annual)*250.00 N/A 250.00
*this fee includes the Fire Inspection Fee
Council Code of Conduct $ Rate $ HST Expiration Date
Filing Fee 500.00 N/A N/A
Note: In the event that the Integrity Commissioner determines that a complaint is frivolous, vexatious, contains sufficient grounds to
support an investigation, or that it is determined that no violation occurred, that the complainant shall forfeit the filing fee of $500. If the
Integrity Commissioner finds there are sufficient grounds to support an investigation, 50% of the filing fee shall be refunded.
Clerks Department
4 Page 19 of 58
Page 208 of 679
Water Rates
Consumption Charge
Water
Sewer
Rate Table for Monthly Service Charges
Meter Size Water $ Fee Sewer $ Fee
15 millimeters (5/8")21.99 24.82
18 millimeters (3/4")21.99 24.82
25 millimeters (1")32.99 37.23
37 millimeters (1 1/2")82.47 93.08
50 millimeters (2")153.94 173.75
75 millimeters (3")302.38 341.30
100 millimeters (4")527.80 595.72
150 millimeters (6")1,033.61 1,166.61
200 millimeters (8")1,737.34 1,960.90
250 millimeters (10")2,496.05 2,817.25
Flat Rate Table for Monthly Service Charges
Flat Rate Monthly Charges Water $ Fee Sewer $ Fee
Monthly Charges 51.64 58.13
Flat Rate New Construction
Monthly Charges Water $ Fee Sewer $ Fee
New Construction Monthly Charges 25.90 26.99
Residential Reluctant Monthly
Charges Water $ Fee Sewer $ Fee
Reluctant Monthly Charge 154.92 174.39
*Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late
Payment Charge of 1.25% to be added to the water account at the beginning of each month. The Municipal Act provides the City
with the authority to transfer unpaid water/sewer charges to the property tax account of the owner. A processing fee of $30 is charged
on each account transferred to taxes due to non-payment.
Finance
Rate
$1.314 per cubic meter
$1.518 per cubic meter
5 Page 20 of 58
Page 209 of 679
Water $ Fee $ HST $ Total
New Account Set Up Fee 30.00 N/A 30.00
Collection Charge - overdue water bills 30.00 N/A 30.00
Water Information per property 20.00 N/A 20.00
Meter Data Fee 30.00 N/A 30.00
Administration Fee for Water Arrears Transferred to Outside Collection
Agency 30.00 N/A 30.00
Water Bill Reprint 20.00 N/A 20.00
Water Bill Statement of Account - Current Year no charge N/A 0.00
Water Bill Statement of Account - One Year & Prior 15.00 N/A 15.00
Transfer Fee between accounts (first time free)20.00 N/A 20.00
Transfer to /from tax (first time free)20.00 N/A 20.00
Refund on Credit on Water Account (first time free)20.00 N/A 20.00
For water shut-off fees, please refer to our Municipal Works: Water fees on page 20.
Note: for the purpose of this by-law, normal working hours or water shutoff/turn on shall mean (exclusive of observed holidays): April to
November - Monday to Friday between 8:00 am and 3:45 pm; November to April - Monday to Thursday 8:00 am and midnight, Friday 8:00 and 3:45 pm
Tax Information $ Fee $ HST $ Total
Tax Certificate per property 70.00 N/A 70.00
Tax Information per property 40.00 N/A 40.00
Registration Fees - Mortgage Letter 40.00 N/A 40.00
Registration Fees - Debt Farm Letter 40.00 N/A 40.00
Registration Fees - Final Letter 40.00 N/A 40.00
Interest/Penalty on Tax Arrears 1.25%N/A 1.25%
Extension Agreements 500.00 N/A 500.00
Personal Tax Information Copy - Current Year no charge N/A no charge
Personal Tax Information Copy - One Year and prior 15.00 N/A 15.00
Personal Tax Information Copy - Prior to 1990 50.00 N/A 50.00
Mortgage Company Administration Fee 15.00 N/A 15.00
Tax Bill Reprint 15.00 N/A 15.00
Transfer Fee to tax account - internal 30.00 N/A 30.00
Transfer Fee to tax account - external 50.00 N/A 50.00
Refund Credit on Tax Account (first time free)20.00 N/A 20.00
Licences $ Fee $ HST $ Total
Dog Licence - Neutered 20.00 N/A 20.00
Dog Licence - Non-Neutered 40.00 N/A 40.00
Miscellaneous $ Fee $ HST $ Total
Returned Cheque Fee - per account 35.00 N/A 35.00
Ownership/Address change request 20.00 N/A 20.00
Rush Tax Certificates 120.00 N/A 120.00
New Roll Creation 40.00 N/A 40.00
Finance
6
Page 21 of 58
Page 210 of 679
Description $ Fee*$ HST $ Total
Preparation of Subdivision Agreement 3,500.00 N/A 3,500.00
Preparation of Development Agreement 3,500.00 N/A 3,500.00
Preparation of Condominium Agreement 3,500.00 N/A 3,500.00
Preparation of Site Plan Agreement 1,500.00 N/A 1,500.00
Preparation of Amending Site Plan Agreement 650.00 N/A 650.00
Preparation of Section 37 Agreement 1,000.00 N/A 1,000.00
Preparation of Conservation Easement Agreement 750.00 N/A 750.00
Preparation of Encroachment Agreement 500.00 N/A 500.00
Preparation of Easement Agreement 500.00 N/A 500.00
Preparation of Lease/Licence Agreement with the City 500.00 65.00 565.00
Preparation of Release of Easement 150.00 N/A 150.00
Preparation of Amending Encroachment Agreement/Assignment of
Encroaching Agreement 250.00 N/A 250.00
Preparation of Registration Document for Part Lot Control By-Law 200.00 N/A 200.00
Preparation of Registration & Discharge for Property Standards Order 150.00 N/A 150.00
Preparationof all other Agreements 1,500.00 N/A 1,500.00
Preparation of Release and/or Discharge of Agreement 150.00 N/A 150.00
Processing of Air Rights Easement 500.00 N/A 500.00
Processing of Conveyance of Lands for Road Widening/Daylighting Triangle 250.00 N/A 250.00
Processing of Dedication/Lifting of Reserve Blocks 250.00 N/A 250.00
Processing of request to Encroach on City Owned Property - Residential 250.00 N/A 250.00
Processing of request to Encroach on City Owned Property - Commercial 500.00 N/A 500.00
Request to Purchase Property that has not been previously declared surplus 500.00 N/A 500.00
Deposit for Appraisal & Reference Plan costs associated with approved
purchase of property that has not been previously declared surplus 5,000.00 N/A 5,000.00
Request to Lease/Licence City Owned Property 500.00 N/A 500.00
Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00
*The above fees are subject to Applicable Disbursements and Registration Costs and are at the discretion of the City
Solicitor
Description $ Fee*$ HST $ Total
Stanley Ave. Business Park Assoc. Annual Sign Fee for Third Party
Advertising (for 4 panels)500.00 65.00 565.00
Term: October 1, 2024 to September 30, 2025
Payment Due Date: September 1, 2024
Legal
Business Development
7 Page 22 of 58
Page 211 of 679
Official Plan Amendment $ Fee*$ HST $ Total
Official Plan Amendment Application 13,000.00 N/A 13,000.00
More than two (2) submissions of plans & studies for review
$1,500 for each
subsequent
submission
N/A
$1,500 for
each
subsequent
submission
Aggregate Resource Extraction Full Cost
Recovery N/A Full Cost
Recovery
Preconsultation $ Fee*$ HST $ Total
Preconsultation Fee (consent & site plan) 750.00 N/A 750.00
All other applications 1,500.00 N/A 1,500.00
More than two (2) submissions of a concept for review/preparation of a second
checklist
$500 for each
subsequent
submission
N/A
$500 for each
subsequent
submission
Zoning By-Law Amendment $ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys)15,750.00 N/A 15,750.00
Complex (review of 3 or more studies required for the application)13,000.00 N/A 13,000.00
Standard 6,100.00 N/A 6,100.00
Request for a Minister's Zoning Order (MZO)/Review of Ministry Initiated MZO 6,100.00 N/A 6,100.00
Request to lift a Holding (H) Regulation 2,000.00 N/A 2,000.00
More than two (2) submissions of plans & studies for review
$1,500 for each
subsequent
submission
N/A
$1,500 for
each
subsequent
submission
Official Plan & Zoning By-Law Amendment (Combined)$ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys)17,500.00 N/A 17,500.00
All Other Lands 14,600.00 N/A 14,600.00
More than two (2) submissions of plans & studies for review
$1500 for each
subsequent
submission
N/A
$1500 for
each
subsequent
submission
Site Plan Amendment $ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys)7,500.00 N/A 7,500.00
All Other Lands 5,500.00 N/A 5,500.00
Amendment to Site Plan Agreement 1,550.00 N/A 1,550.00
Site Plan Resubmission (after 2 submissions within 1 year of original application)3,200.00 N/A 3,200.00
Plan of Subdivision $ Fee*$ HST $ Total
Draft Plan 14,600.00 N/A 14,600.00
Modifications to Draft Plan Approval 2,600.00 N/A 2,600.00
Extension to Draft Plan Approval 1,050.00 N/A 1,050.00
Plan of Condominium $ Fee*$ HST $ Total
Vacant Land 10,800.00 N/A 10,800.00
Conversion 4,300.00 N/A 4,300.00
Standard/Common Element 3,000.00 N/A 3,000.00
Extension of Draft Plan 2,000.00 N/A 2,000.00
Modification of Draft Plan - Vacant Land Condominium 2,750.00 N/A 2,750.00
Modification of Draft Plan - Standard/Conversion 2,000.00 N/A 2,000.00
Exemption to Condominium Draft Plan Approval 3,000.00 N/A 3,000.00
Part Lot Control $ Fee*$ HST $ Total
Separation of semi-detached/on-street townhouse units per lot/block (and $510
for each additional lot, per request)1,850.00 N/A 1,850.00
Deeming by-law (no fee when combined with a zoning amendment)1,625.00 N/A 1,625.00
Property Relotting for the first lot (and $510 for each additional lot created from
the same lands)3,675.00 N/A 3,675.00
Public Notification $ Fee*$ HST $ Total
Mailing Re-notification 400.00 N/A 400.00
Reassessment requiring a further report 1,000.00 N/A 1,000.00
Newspaper re-notification ($600 deposit payable with application)Actual Cost N/A Actual Cost
Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara
Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable.
Notes: Additional fees from the Legal Department are required for applications requiring agreements and registrations of some by-laws.
Planning, Building & Development
8 Page 23 of 58
Page 212 of 679
Committee of Adjustment $ Fee $ HST $ Total
Consent Application 3,675.00 N/A 3,675.00
Consent Application to separate two existing units 1,850.00 N/A 1,850.00
Change of Conditions 600.00 N/A 600.00
Minor Variance 2,300.00 N/A 2,300.00
Re-notification/Rescheduling (consent/minor variance)300.00 N/A 300.00
Concurrent Consent/Minor Variance Application 4,450.00 N/A 4,450.00
Concurrent Consent Application - First Application 3,675.00 N/A 3,675.00
Each additional consent application for the same lands 550.00 N/A 550.00
Request for Exemption from 2-year waiting period for variances 425.00 N/A 425.00
Additional fee for calling of a Special Meeting to address an application 800.00 N/A 800.00
Sign By-Law $ Fee $ HST $ Total
Sign by-law Variance 2,300.00 N/A 2,300.00
Sign by-law Amendment 6,100.00 N/A 6,100.00
Sidewalk Cafes $ Fee $ HST $ Total
Application for Sidewalk Café 525.00 N/A 525.00
Licence fee for Sidewalk Café (minimum fee - $350, maximum fee - $5,000)$35.00/m²N/A $35.00/m²
Compliance Letters $ Fee $ HST $ Total
Site Plan Compliance Letter (no fee when combined with a zoning
confirmation letter)231.75 N/A 231.75
Environmental Request Letter (no fee when combined with a zoning
confirmation letter) 231.75 N/A 231.75
Zoning Compliance Letter/Certificate (required before a site plan application is
accepted)231.75 N/A 231.75
Heritage Status Inquiry 231.75 N/A 231.75
Publications $ Fee $ HST $ Total
Official Plan 39.82 5.18 45.00
Zoning By-Law 79-200 (as amended) 38.82 5.05 43.87
Photocopying - 4 pages or more - black & white 0.27 0.04 0.31
Community Improvement Plans $ Fee $ HST $ Total
Brownfield CIP 8.85 1.15 10.00
Brownfield Strategy No charge No charge No charge
Pilot Project Area No charge No charge No charge
Financial Incentives No charge No charge No charge
Main & Ferry SWOT Analysis Report No charge No charge No charge
Historic Drummondville CIP 8.85 1.15 10.00
Downtown CIP 8.85 1.15 10.00
Planning, Building & Development
9 Page 24 of 58
Page 213 of 679
Minimum Building Permit Charge 231.75
NEW BUILDINGS
Group A - Assembly Occupancies Permit Fee per m2
All Recreational Facilities, Schools, Daycare Facilities, Libraries, Places of
Worship, restaurants (finished), Theatres, Arenas Gymnasiums, Transit
Stations, Bus terminals, Indoor Pools, and all other Group A Buildings
28.73
Open Public Swimming Pool 2,060.00 Flat fee
Portable Classroom 942.45 Flat fee
Assembly Building Shell 22.98
Assembly Building Interior Finish 12.24
Group B - Institutional Occupancies Permit Fee per m2
Institutional, Hospital, Medical Care Facilities, Nursing Homes, and all other
Group B Buildings 28.73
Institutional Building Interior Finish 12.24
Group C - Residential Occupancies Permit Fee per m2
Single, Semi-Detached, Duplex Dwellings, Detached Accessory Dwelling
Units 17.51
Townhouses, Row Housing 17.51
Stacked Townhouses, Multiple Dwellings up to fourplex 17.51
Hotel, Apartment buildings - 6 stories or less 19.15
Hotel, Apartment buildings - 7 stories or more 17.51
Motels, Boarding, Lodging or rooming house 19.15
Interior renovation, Finished basement, Interior accessory dwelling units 10.30
Heated additions to a house 17.51
Unheated additions to a house 12.45
Accessory Building (garage or shed)7.21
Attached Garage/Carport to an existing house 16.63
Covered Deck/Porch 7.21
Uncovered Deck/Porch 231.75 Flat Fee
Mobile Homes 329.60 Flat Fee plus
Uncertified Mobile Home (foundation included)6.62
Mobile Home Foundation 1.90
Group D - Business & Personal Service Permit Fee per m2
Office, Medical Building, Financial Institution and all other Group D Buildings
Complete 28.73
Office, Medical Building, Financial Institution and all other Group D Buildings
Shell 22.98
Office, Medical Building, Financial Institution and all other Group D Buildings
Interior Finish 12.24
Group E - Mercantile Occupancies Permit Fee per m2
Retail Building Complete 28.73
Retail Building Shell 22.98
Retail Building Interior Finish 12.24
Restaurants Interior Finish (not greater than 30 persons)12.24
Planning, Building & Development
10 Page 25 of 58
Page 214 of 679
Group F - Industrial Occupancies Permit Fee per m2
Industrial Buildings Complete 15.16
Industrial Buildings Shell 12.13
Industrial Buildings Interior Finish 9.11
Gas Bar Canopies 13.00
Car Washes 13.00
Parking Garage (underground, open air)8.18
Farm Buildings 5.75
Green Houses non-residential 5.75
Site Services Plumbing Construction Outside of
Building Permit Fee
Sanitary and Storm Piping 231.75 Flat Fee
Sanitary and Storm Piping 36.05 per additional 15m
Manholes, catch basin 231.75 Flat Fee
Domestic Water Supply 103.00 first 15m
Domestic Water Supply 36.05 per additional 15m
Fire Services Main 103.00 first 15m
Fire Services Main 36.05 per additional 15m
Geothermal for Houses 257.50 Flat Fee
Geothermal Single for all other 257.50 Flat Fee
Planning, Building & Development
Page 26 of 58
Page 215 of 679
Building Stand Alone Permits for Alterations, Renovations & Repair
Building Improvement Permit Fee
Demising Wall 231.75 Flat Fee
Building Envelope Replacement (Roofing, cladding, windows, waterproofing,
etc.)386.25 Flat Fee
Foundation Replacement 3.12 per sq. m
Roof Structure Replacement 386.25 Flat Fee
Concrete Restoration 386.25 Flat Fee
Plumbing Building Construction Permit Fee
Plumbing Systems Alterations 231.75 Flat Fee
Grease, Oil Interceptor 231.75 Flat Fee
Backflow valve, Backflow preventer, sump pumps 231.75 Flat Fee
Replacement of Domestic Water lines and risers 231.75 Flat Fee
Weeping Tile Replacement 231.75 Flat Fee
Plumbing Fixtures 231.75 Flat Fee
Fire Protection System & Life Safety Systems Permit Fee
Electromagnetic Lock/Electric Strikes 231.75 Flat Fee
Fire Alarm System 283.25 Flat Fee
Fire Alarm Annunciator Panel 283.25 Flat Fee
Life Safety Devices 283.25 Flat Fee
Sprinkler System 283.25 Flat Fee
Standpipe System 283.25 Flat Fee
Mechanical System Permit Fee
Commercial Cooking Exhaust System 283.25 Flat Fee
Heating, Ventilation, Air Conditioning Roof Top Units (per unit)283.25 Flat Fee
Heating, Ventilation, Air Conditioning Duct Work (per area)8.14 per sq. m
Furnace or Hot Water Tank Replacement Unit (per unit)231.75 Flat Fee
Boiler Replacement unit 231.75 Flat Fee
Spray Booth 283.25 Flat Fee
Miscellaneous Works Permit Fee
Stages 309.00 Flat Fee
Fire Place or Wood Stove 231.75 Flat Fee
For categories not listed $15 per $1,000 of valuated
construction cost or portion thereof
Shoring 29.87 per linear metre
Under Pinning 29.87 per linear metre
Storage Rack as per 3.16 309.00 Flat Fee
Roof Anchors 309.00 Flat Fee
Re-Roofing of Buildings other than houses 386.25 Flat Fee
Tiny Homes 12.45 per Sq. m
Site Grading for Residential developments that are 10 units or less 309.00 Flat Fee
Certified Model Homes Service 309.00 Flat Fee
Designated Structures Permit Fee
Communication Tower 309.00 Flat Fee
Retaining Wall 309.00 Flat Fee
Silo 309.00 Flat Fee
Pedestrian Bridge/Walkway 309.00 Flat Fee
Outdoor Public Spa 489.25 Flat Fee
Outdoor Public Swimming Pool 489.25 Flat Fee
Satellite Dish 309.00 Flat Fee
Planning, Building & Development
12 Page 27 of 58
Page 216 of 679
Designated Structures cont'd Permit Fee
Air Supported Structure, Tent, Temporary Fabric Structure 309.00 Flat Fee
Roof Sign with Face over 10m2 309.00 Flat Fee
Pylon Sign over 7.5m in height 309.00 Flat Fee
Projection Sign over 115kg in weight 309.00 Flat Fee
Solar Panels 360.50 Flat Fee
Crane Runway 309.00 Flat Fee
Exterior Storage Tank 309.00 Flat Fee
Wind Turbine Generator having a rated output more than 3kW 360.50 Flat Fee
Conditional Permits Permit Fee
Conditional Permit Agreement 515.00 Flat Fee
Conditional permit Security Deposit (% of construction cost of phase being
built)10%
Condition Permit Stages:
Site Servicing (% of construction cost of phase being built)100%
Substructure (% of construction cost of phase being built)15%
Superstructure (% of construction cost of phase being built)55%
Building Envelope (% of construction cost of phase being built)80%
Building Interior (% of construction cost of phase being built)100%
13 Page 28 of 58
Page 217 of 679
Demolition
Residential - Single, Semi-detached, Duplex Dwellings,
Townhouses, Row Housing
Accessory Structure
All other buildings-with gross floor area equal to or less than 600 m2
All other buildings-with gross floor area greater than 600 m2
Administration Fee
Occupancy of an unfinished building (apartment residential & mult-
storey commercial per floor charge)
Occupancy of an unfinished building for all other (per floor or unit
charge)
Limiting Distance Agreement
Alternative Solution (minimum 4 hours)
Suspended or Cancel Permit
Change of Use of Permit with no construction
Compliance Letters (from Building Services regarding building permit
information)
Transfer of Permit Ownership
Additional Plan Review
Not-ready inspection
Contruction without a Permit
After hour Inspection
Permission to defer Permit Revocation
Amendment to Permit Administration
Pre-Application Review
Amendment to a Conditional Permit Agreement
Partial Permit
Permit Application Extension
911 Rural Address Sign
NSF Cheque Service Charge (per property)
Administration Fee for unpaid building permit fees transferred to
property taxes
Zoning Compliance Certificate (required before a building permit
application will be accepted)
Administration Fees (with HST applicable)Fee HST Total
Liquor Licence Clearance Letter
*Note: Fire Services portion is also payable. Please refer to Fire
Services Department fee section for the applicable charge.
231.75 30.13 261.88
Building File Search (per hour/property)
*subject to Freedom of Information and Protection of Privacy Act 35.00 4.55 39.55
Photocopies (per page) - letter size 0.67 0.08 0.75
Photocopies (per page) - legal size 0.89 0.11 1.00
Photocopies (per page) - ledger size 1.32 0.18 1.50
Copies of Large Plans (per plan) - black & white 4.43 0.57 5.00
Copies of Large Plans (per plan) - colour 8.85 1.15 10.00
231.75 Flat Fee
203.52 Flat Fee
See Conditional Permit
128.75 per hour
231.75 Flat Fee
35.00 Flat Fee
25.00 Flat Fee
128.75 per hour
Planning, Building & Development
231.75 Flat Fee
Permit Fee
154.50 Flat Fee
0.39 per sq. m.
0.39 per sq. m.
Fee
231.75 Flat Fee
231.75 Flat Fee
1,030.00 Flat Fee
128.75 per hour
231.75 Flat Fee
128.75 per hour
2x Permit Fee
154.50 per hour
231.75 Flat Fee
231.75 Flat Fee
231.75 Flat Fee
231.75 Flat Fee
128.75 per hour
128.75 Flat fee
14 Page 29 of 58
Page 218 of 679
Sign Permits under Sign By-law
Signs - under 10 m2
Signs - 10 m2 or more
Pool Permit under Pool By-law Deposit
Seasonal -
Above Ground 500.00
In Ground 750.00
Deposits
Detached dwelling, semi-detached dwelling, duplex, triplex, fourplex,
townhouse
Addtion(s) to buildings described above where excavation is required
Miscellaneous construction accessory to the buildings described
above with a construction value greater that $3,500.00
Construction projects other than those described above involving
buildings or additions where a site plan IS required
Construction projects other than those described above involving
buildings or additions where a site plan IS NOTrequired
Demolition project
Move a Building
Conditional Building Permit Deposit (minimum $5,000.00)
Lot Grading
Any type of dwelling in a plan of subdivision that has NOT already
been assumed by the City
Any type of dwelling proposed to be placed on an infill lot
Move a Building
Refunds
Where only administrative functions have been completed (application
received, cost analysis and application is entered into a Building
Services Database
Where only administrative and zoning functions have been completed
Where only administrative and zoning & plans examination functions
have been completed
Where the permit has been issued and field inspections have yet to
be performed, subsequent to permit issuance 50%
Stage of Permit
NOTE: Where the calculated refund is less than the minimum permit fee appllication to the work,
no refund shall be made of the fees paid. Where a request for refund is made twelve (12) months
or more after the issuance of the permit, there shall be no fees refunded
1,000.00
% of Fees Paid
90%
80%
60%
10% of construction value
(minimum of $5,000)
Value
1,000.00 per dwelling
Planning, Building & Development
1,500.00 per dwelling
500.00
1,250.00
2,500.00
750.00
1,000.00
975.00
Total Fee
Value
1,000.00 per dwelling
750.00
Permit Fee
225.00 Flat Fee
350.00 Flat Fee
Note: Refer to Designated Structures Fee Section for signs designated under the Ontario Building Code
75.00
725.00
15 Page 30 of 58
Page 219 of 679
Municipal Enforcement Services Fee HST Total
Sign Removal Administration Fee 75.00 9.75 84.75
Litter By-law Administration Fee 300.00 39.00 339.00
Fence Variance 300.00 39.00 339.00
Dangerous Dog/Muzzle Order Appeal 300.00 N/A 300.00
Municipal Enforcement Services - Property Standards Fee HST Total
Ceriticate of Compliance 250.00 N/A 250.00
Discharge of an Order registered on title 600.00 N/A 600.00
File of Notice of Appeal 500.00 N/A 500.00
Other Applicable Fees
Item $ Fee $ HST $ Total
Water Meter 5/8" Positive Displacement Complete
Water Meter 5/8" x 3/4 Positive Displacement Complete
Water Meter 3/4" Positive Displacement Complete
Water Meter 1" Positive Displacement Complete
Water Meter 1.5" Positive Displacement Complete
Planning, Building & Development
Please see fees on page 19 (New
Install Meter costs)
16 Page 31 of 58
Page 220 of 679
Schedule of Development Charges September 1, 2023 - July 7, 2024
Service
Singles &
Semis (per
unit)
Rows &
Other
Multiples
(per unit)
Apartments
Outside Core
Tourist Area (per
m2)
Core Tourist Area(2)
(per m2)
Fire Protection 722.00 454.00 344.00 3.25 3.25
Roads & Related 4,154.00 2,605.00 1,974.00 18.65 18.65
General Government 141.00 89.00 67.00 0.64 0.64
Library 742.00 464.00 351.00 - -
Parks & Recreation 3,569.00 2,239.00 1,697.00 - -
Public Works & Fleet 423.00 265.00 201.00 1.90 1.90
Municipal Wide
Services 9,751.00 6,116.00 4,634.00 24.44 24.44
Water 975.00 611.00 463.00 4.26 5.60
Sanitary Sewer 3,388.00 2,125.00 1,612.00 14.86 0.65
Storm Water
Management 2,900.00 1,820.00 1,378.00 12.72 2.08
Sidewalks 225.00 141.00 107.00 0.98 0.91
Urban Area
Services(1)7,488.00 4,697.00 3,560.00 32.82 9.24
Total Charge 17,239.00 10,813.00 8,194.00 57.26 33.68
*Amounts of Development Charges adjustments are in accordance with Section 14, By-law 2019-69, shall
be made each year on September 1st.
**The 8.1% increase is based on Statistics Canada Construction Price Standard available from Q2-2022 to Q2-2023.
Notes:
(1) See Schedule "C" of By-Law 2019-69
(2) See Schedule "D" of By-Law 2019-69
(3) A 75% resididential development charge exemption shall be granted for residential dwellings contructed within the
downtown community improvement area & the Historic Drummondville community improvement project area,
as well as residential dwellings contructed under the Brownfields Rehabilitation Grant Program.
See Schedule "E" of By-law 2019-69.
(4) An additional 25% residential development charge exemption is permitted for development eligible for a 75%
exemption which includes three or more of the following features: 1) intensification of an existing use, 2) creation of
mixed uses, 3) contribution towards the creation of a walkable neighbourhood charater, 4) creation of a range of
housing opportunities and choices, and 5) reduced setback from roadways. See Schedule "E" of By-law 2019-69.
(5) Pursuant to the Act, and unless it is repealed earlier, By-law 2019-69 shall expire five years after the date of
coming into force on July 8, 2019. See Section 15.2 of By-law 2019-69.
Non-Residential Charge by Unit
TypeResidential Charge by Unit Type (3)(4)
Planning, Building & Development
17 Page 32 of 58
Page 221 of 679
City Development Charges September 1, 2023 - July 7, 2024(1)
Subject to annual change due to CPI as per By-Law - Fees effective September 1, 2023 Development Charges against
land to be developmed for residential and non-residential use shall be based upon the following designated services
within the corresponding area providing by the City, and in proportions applicable to each service.
Designated Services
Municipal
Wide Charge
Allocation
Combined
Urban
Charge
Allocation
Non-
Residential
Municipal Wide
Charge
Allocation
Non-Residential
Combined
Tourist Core
Charge
Allocation
Non-Residential
Combined
Outside Tourist
Core Charge
Allocation
Fire Protection 7.40%4.19%13.30%9.65%5.68%
Roads & Related 42.60%24.10%76.31%55.37%32.57%
General Government 1.45%0.82%2.62%1.90%1.12%
Library 7.61%4.30%0.00%0.00%0.00%
Parks & Recreation 36.60%20.70%0.00%0.00%0.00%
Public Works & Fleet 4.34%2.45%7.77%5.64%3.32%
Water 0.00%5.66%0.00%16.63%7.44%
Sanitary Sewer 0.00%19.65%0.00%1.93%25.95%
Storm Water Management 0.00%16.82%0.00%6.18%22.21%
Sidewalks 0.00%1.31%0.00%2.70%1.71%
Total 100.00%100.00%100.00%100.00%100.00%
(1) Pursuit to the Act, and unless it is repealed earlier, By-law 2019-69 shall expire five years after the date of coming
into force on July 8, 2019. See Section 15.2 of By-law 2019-69.
Planning, Building & Development
18 Page 33 of 58
Page 222 of 679
Private Sewer Lateral Cleaning $ Fee $ HST $ Total
Monday to Sunday (exclusive of observed holidays) between 8:00am and
7:15 pm 169.45 N/A 169.45
Monday to Sunday (exclusive of observed holidays) between 7:15pm and
8:00 pm 214.27 N/A 214.27
Monday to Sunday (exclusive of observed holidays) between 8:00pm and
8:00 am 438.37 N/A 438.37
Observed Holiday 438.37 N/A 438.37
"No action", cancellation or false alarm (exclusvie of observed holidays)
between 8:00 am and 7:15 pm 85.00 N/A 85.00
"No action", cancellation or false alarm (exclusvie of observed holidays)
between 7:15 pm and 8:00 am 95.00 N/A 95.00
Video inspection of a private sewer service (only during times as per line 1
above) free once annually. All other requests will be charged as per lines 1, 2
and 3 above
one free
annually N/A one free
annually
Copy of DVD of video 8.85 1.15 10.00
High pressure flushing of sewer lateral from maintenance hole/property line
at City's direction or requirement
Note: Payment can be made by cash or cheque in advance of doing any work
New Install Meter Costs $ Fee $ HST $ Total
5/8" Positive Displacement Complete 615.92 80.07 695.99
5/8" Positive Displacement Meter Only 284.52 36.99 321.51
5/8" x 3/4" Positive Displacement Complete 615.92 80.07 695.99
5/8" x 3/4" Positive Displacement Meter Only 284.52 36.99 321.51
3/4" Positive Displacement Complete 678.97 88.27 767.24
3/4" Positive Displacement Meter Only 347.58 45.19 392.77
1" Positive Displacement Complete 786.02 102.18 888.20
1" Positive Displacement Meter Only 445.63 57.93 503.56
1.5" Positive Displacement Complete 1,383.99 179.92 1,563.91
1.5" Positive Displacement Meter Only 914.15 118.84 1,032.99
2" compound 3,314.46 430.88 3,745.34
3" compound 4,858.56 631.61 5,490.17
4" compound 6,762.22 879.09 7,641.31
6" compound 12,159.35 1,580.72 13,740.07
6 x 8" compound
4" to 10" protectus
R900 Wall Mount Transmitter 342.24 44.49 386.73
R900 Pit Mount Transmitter 339.48 44.13 383.61
R900 RF Pit Mount Antenna 157.56 20.48 178.04
Wire Replacement 89.33 11.61 100.94
Fail to be ready for pre-scheduled meter repair by City staff
Water $ Fee $ HST $ Total
Bulk Water Rate (per cubic meter)2.30 N/A 2.30
Bulk Water Distribution System - purchase card 15.00 N/A 15.00
Installation of Water Service - any size
City supervised tapping fees: 3/4"-5/8" up to & including 2" service 140.66 N/A 140.66
City supervised tapping fees: 4" and up 475.41 N/A 475.41
Fail to be ready for appointment 85.00 N/A 85.00
Charge for application to change meter size 125.00 N/A 125.00
Municipal Works
At cost
Actual Costs
Actual Cost
Actual Cost
Actual Cost
19 Page 34 of 58
Page 223 of 679
Water, Cont'd
Water $ Fee $ HST $ Total
Exercise & Operate Curb Stop or Property Valve 79.32 N/A 79.32
3rd Party Meter Testing/Verification (up to 1")258.48 N/A 258.48
Water Meter Tampering Fee (plus new install meter cost & estimated water
theft)500.00 N/A 500.00
Water Meter Inspection 50.00 N/A 50.00
Hydrant Flushing/Testing: per hydrant 79.32 N/A 79.32
Sanitary Sewer Diversion Rebate Application 125.00 N/A 125.00
Shutting off or turning on water supply (arrears & seasonal shut off) during
normal working hours 97.52 N/A 97.52
Shutting off or turning on water supply (arrears & seasonal shut off) outside
normal working hours 231.98 N/A 231.98
Shutting off or turning on water supply (maintenance) during normal working
hours 79.32 N/A 79.32
Shutting off or turning on water supply (maintenance) outside normal working
hours 213.78 N/A 213.78
Miscellaneous - Water/Wastewater $ Fee $ HST $ Total
Water & Wastewater backflow and meter rental fee 125.00 N/A 125.00
Charge after 14 days and every additional 14 days thereafter 125.00 N/A 125.00
Administrative - Invoicing 30.00 N/A 30.00
Notes:
Charge for meters found on By-pass:
a) By-pass opened with the consent of the City will be charged using the average estimated daily consumption
based on annual consumption x number of days on by-pass
b) By-pass opened or meter removed, tampered or illegal will be charged (a) x 3 penalty rate.
c) If no previous consumption is recorded, a similarly sized meter/similar use will be used at the Engineer's
discretion to calculate average daily consumption and charge at (b) rate.
Water Meter Tampering is a $500.00 fee, plus the cost of the water meter replacement and the estimated
consumption loss.
For the purpose of thie by-law, normal working hours shall mean Monday to Friday (exclusive of observed holidays)
between 8:00 am and 4:00 pm.
Municipal Works
Meter loaned with Back Flow Preventor for approved hydrant consumption: Damage to meter or backflow preventor
cost.
20 Page 35 of 58
Page 224 of 679
Subdivision & Vacant Land Condominium and
Deposits $ Fee $ HST $ Total
Administration Fee (on construction value)3.00%N/A Varies
Inspection Fee (on construction value)2.50%N/A Varies
Pre-Servicing Agreement Fee 500.00 N/A 500.00
Street Lighting Inspection Fee (ea. Lights, 3rd Party Inspection)160.00 N/A 160.00
Boulevard Street Tree Fee (ea)450.00 N/A 450.00
Cash in-lieu of Survey Monumentation (see below)
Vertical Monumentation
< 10 Ha 600.00 N/A Varies
10 Ha to 20 Ha 1,200.00 N/A Varies
Each Additional Ha 600.00 N/A Varies
Horizontal Monumentation
< 5 Ha 400.00 N/A Varies
5 Ha to 10 Ha 800.00 N/A Varies
Each Additional Ha 400.00 N/A Varies
Lot Grading Deposit (ea. Lot/Unit - Max $50,000.00)1,000.00 N/A Varies
As Constructed Plan Deposit (ea. Lot/Unit - Max $20,000.00)1,000.00 N/A Varies
Administrative $ Fee $ HST $ Total
Full Size Prints - Black & White 4.42 0.57 4.99
Full Size Prints - Colour 8.85 1.15 10.00
Photocopies (per page): Letter (colour)0.50 0.07 0.57
Photocopies (per page): Legal (colour)0.75 0.10 0.85
Photocopies (per page): Ledger (colour)1.00 0.13 1.13
Photocopies (per page): Letter (black & white)0.30 0.04 0.34
Photocopies (per page): Legal (black & white)0.40 0.05 0.45
Photocopies (per page): Ledger(black & white)0.50 0.07 0.57
Letters of Compliance 200.00 26.00 226.00
Road Occupancy Permit $ Fee $ HST $ Total
Road Occupancy Permit - Application form (plus applicable security
deposit)350.00 N/A 350.00
Detailed Traffic Control Plan and/or Detour Route Plan Review 150.00 N/A 150.00
Site Alteration Permit $ Fee $ HST $ Total
Application (plus applicable security deposit)200.00 N/A 200.00
Municipal Works
21 Page 36 of 58
Page 225 of 679
Forestry - City Tree Removal Request $ Fee $ HST $ Total
City tree removal application fee *removal of request only, no guarantee
of approval 100.00 N/A 100.00
City tree removal (plus $900 contribution to 2:1 replanting elsewhere)
Curb & Sidewalk Alterations $ Fee $ HST $ Total
Curb Cut per meter (minimum cut fee $200.00)94.67 12.31 106.98
Sidewalk Repair per square meter 214.67 27.91 242.58
Curb Repair per linear meter (minimum repair fee $50.00)204.57 26.59 231.16
Sanitary, Storm or Water Model - Assessments $ Fee $ HST $ Total
Small scale development and simple modeling 1,750.00 227.50 1,977.50
Mid-scale development and medium complexity modeling 3,500.00 455.00 3,955.00
Large scale development and high complexity modeling 7,000.00 910.00 7,910.00
Special modeling services
Parkland $ Fee $ HST $ Total
Parkland Gate Installation Application 550.00 71.50 621.50
Parkland Access Permit (plus applicable security deposit)250.00 N/A 250.00
Municipal Works
Case by case pricing
At cost
*Notes: The request for removal of a City tree is reviewed on a case-by-case basis and further requires a submission of a formal application. In effort to
reserve our current tree canopy, all requests will be reviewed directly by the Forestry Supervisor. Trees approved for removal for reasons other than tree
health shall be accompanied by a contribution to 2:1 replanting as per Forestry Policy 314.01.
22 Page 37 of 58
Page 226 of 679
Permits $ Fee $ HST $ Total
Commercial Vehicle (loading permit annually) - first such vehicle 82.50 10.73 93.23
Commercial Vehicle (loading permit annually) - second such vehicle-
under the same registered owner as first permit 27.50 3.58 31.08
Commercial Vehicle (loading permit annually) - each additional such
motor vehicle under the same registered owner as the 1st and 2nd
permits
16.50 2.15 18.65
Oversize/overweight load permit - single trip 82.50 10.73 93.23
Oversize/overweight load permit - annually 220.00 28.60 248.60
On-street overnight parking permit - annually 121.68 15.82 137.50
Newspaper box permit - annually 33.00 N/A 33.00
Parking meter bagging (per meter per day) - standard daily route for
bagged 11.00 1.43 12.43
Residential on-street permit/replacement cost 16.50 2.15 18.65
Residential Convenience pass 97.35 11.50 108.85
Parking Lots - Municipal Parking $ Fee $ HST $ Total
Lot 2 - per month 40.00 5.20 45.20
Lot 2 - per hour 1.11 0.14 1.25
Lot 3 - per month 40.00 5.20 45.20
Lot 3 - per hour 1.11 0.14 1.25
Lot 4 - per hour 2.66 0.35 3.01
Lot 4 - per 8 hours 10.63 1.38 12.01
Lot 5 - per hour 2.66 0.35 3.01
Lot 5 - per 8 hours 10.63 1.38 12.01
Lot 7 - per month 40.00 5.20 45.20
Lot 8 - per month 40.00 5.20 45.20
Lot 9 - per month 40.00 5.20 45.20
Lot 9 - per hour 1.11 0.14 1.25
Lot 12 - per month 40.00 5.20 45.20
Lot 12 - per hour 1.11 0.14 1.25
Lot 13 - per month 25.00 3.25 28.25
Lot 13 - per hour 1.11 0.14 1.25
Lot 15 - per month 40.00 5.20 45.20
Lot 16 - per hour 4.43 0.57 5.00
Lot 16 - per month 35.00 4.55 39.55
Lot 17 - per month 40.00 5.20 45.20
Lot 18 - per hour 2.66 0.35 3.01
Lot 18 - per 8 hours 10.63 1.38 12.01
Lot 18 - per month 50.00 6.50 56.50
Lot 19 - per month 40.00 5.20 45.20
Lot 19 - per hour 1.11 0.14 1.25
Lot 20 - per hour 2.66 0.35 3.01
Lot 20 - per 8 hours 10.63 1.38 12.01
On-street rate - commercial/business 1.77 0.23 2.00
On-street rate - hospital 1.77 0.23 2.00
On-street rate - tourist 3.10 0.40 3.50
Parking Lot Replacement Cost: 1-15 days
Parking Lot Replacement Cost: 16-31 days
Municipal Works - Parking & Traffic
Full cost of lot
Half cost of lot
23 Page 38 of 58
Page 227 of 679
Parking Fines/Violations $ Fee $ HST $ Total
Park unpaid special event rate 45.00 N/A 45.00
Traffic/Engineering Information $ Fee $ HST $ Total
8 hour intersection traffic count - per location 315.00 40.95 355.95
24 hour automatic traffic recorder (ATR) - per location 135.00 17.55 152.55
24 hour speed study (ATR) - per location 250.00 32.50 282.50
4 day automatic traffic recorder (ATR), speed/volume/class - per location 400.00 52.00 452.00
7 day automatic traffic recorder (ATR), speed/volume/class - per location 700.00 91.00 791.00
Disabled Parking Sign 40.00 5.20 45.20
Disabled Parking tab - ($300 fine)20.00 2.60 22.60
Six foot telespar post & base 60.00 7.80 67.80
Ten foot telespar post and base 70.00 9.10 79.10
"Slow down" lawn sign and base 16.50 2.15 18.65
24 hour automatic traffic recorder (ATR) - season - approx. 150 locations 1,500.00 195.00 1,695.00
Special Event Application (small)100.00 13.00 113.00
Special Event Application (medium)250.00 32.50 282.50
Special Event Application (large)500.00 65.00 565.00
Administrative Penalities
Hearing non-appearance fee
Late payment fee
MTO search fee
Screening non-appearance fee
20.00
15.00
25.00
Municipal Works - Parking & Traffic
$ Fee
50.00
24 Page 39 of 58
Page 228 of 679
Inspection/ Fire Prevention Services $ Fee $ HST $ Total
Private Home Day Care, Respite Homes 175.00 22.75 197.75
Licensed Day Care 250.00 32.50 282.50
Boarding Room & Lodging & Bed & Breakfast 225.00 29.25 254.25
Residential: 1-3 units (includes single family dwelling, duplex and triplex)250.00 32.50 282.50
Multi-Units: Apartments 1-4 units 350.00 45.50 395.50
Multi-Units: over 4 units, rate per unit 75.00 9.75 84.75
Hotels/Motels: 1-10 units 450.00 58.50 508.50
Hotels/Motels: over 10 units, rate per unit 75.00 9.75 84.75
General Inspections during regular hours/hour 59.26 7.70 66.96
After hours Inspection/Plans Review (minimum 4 hours) per hour 125.00 16.25 141.25
Commericial & Industrial less than 1,000 square meters 250.00 32.50 282.50
For each additional 1,000 square meters 75.00 9.75 84.75
Re-inspection fee for outstanding violations for the second and each
subsquent re-inspection 100.00 13.00 113.00
Care/vunerable Occupancies 100.00 13.00 113.00
Municipal Licensing Re-inspection 59.26 7.70 66.96
Unsafe Building Order Compliance Inspection 350.00 45.50 395.50
FPO Response & Remediation of Hazard Fee/hr 59.26 7.70 66.96
Preconstruction consultation 59.26 7.70 66.96
Note: Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour,
with a minimum fee of $300.00
Approvals/Permits $ Fee $ HST $ Total
General File Search 100.00 13.00 113.00
Occupant Load Signs 59.26 7.70 66.96
Reproduce Existing Documents 60.00 7.80 67.80
Fire Safety Plan Review & Approval - per submission 59.26 7.70 66.96
ULC Integrated Life Safety System Test Approval 59.26 7.70 66.96
3D Rendering of Buildings or Fire Scene 350.00 45.50 395.50
Hose Removal Approval and Inspection (per hose cabinet fee of $15/hose +
HST)250.00 32.50 282.50
Letters & Produce Incident Reports to Insurance 105.00 13.65 118.65
Liquor Licence Approval Letter 160.00 20.80 180.80
Special Events (approval letter)70.00 9.10 79.10
Fireworks/Pyrotechnics (approval letter)70.00 N/A 70.00
Fireworks Vendor Permit 70.00 N/A 70.00
Designation of Fire Access Routes 150.00 N/A 150.00
Fire Code Alternative Solution Review 500.00 65.00 565.00
Products $ Fee $ HST $ Total
Security Key Boxes 175.00 22.75 197.75
Fire route signs 35.00 4.55 39.55
Lock for fire safety plan box 20.00 2.60 22.60
Providing & installing carbon monoxide alarm installation 35.40 4.60 40.00
Providing & installing combination smoke/carbon monoxide alarm 35.40 4.60 40.00
Providing & installing a listed smoke alarm 15.00 1.95 16.95
Fire
25 Page 40 of 58
Page 229 of 679
Miscellaneous $ Fee $ HST $ Total
Plan examinations, per $1 of permit value 0.10 N/A 0.10
Zoning amendments, per $1 of application fee 0.10 N/A 0.10
Site plan review, per $1 of application fee 0.10 N/A 0.10
Committee of Adjustments, per $1 of application fee 0.10 N/A 0.10
Subdivision Plans, per $1 of application fee 0.10 N/A 0.10
Fee to expedite services 50% if current applicable service fee
in addition to regular fee
26 Page 41 of 58
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Training/Public Education Services $ Fee $ HST $ Total
Fire Safety Training - Business (minimum of 4 hours) per hour 59.26 7.70 66.96
Fire Safety Training - non-profit group
Supervision of Fire Drills - Business - per Fire employee (minimum 1 hour)59.26 7.70 66.96
Supervision of Fire Drills - non-profit group
Fire Extinguisher Training Base Price 250.00 32.50 282.50
Fire Extinguisher Training per person 10.00 1.30 11.30
Fire Ground Training Use:
Tower with live burn props - 8 hours 1,995.52 259.42 2,254.94
Tower with live burn props - 4 hours 1,161.76 151.03 1,312.79
Training Ground with no burn props - 8 hours 500.00 65.00 565.00
Training Ground with no burn props - 4 hours 250.00 32.50 282.50
Auto Extrication - per vehicle 250.00 32.50 282.50
Apparatus required/day
Fire Safety Training/Public Education Services $ Fee $ HST $ Total
Title searches
Corporate profiles
Cost of Prosecution Services
Fire investigation - contracted services cost recovery
Fire suppression - contracted services cost recovery
Fire inspection support (fire alarm/sprinkler, etc)
Cost to secure vacant building
Fire Protection Services $ Fee $ HST $ Total
Failure to comply with an Ontario regulation causing an Emergency Reponse
O. Reg.201/01
Fire Department vehicle per hour or part thereof
Non-resident motor vehicle response - per apparatus for 1st hour or part
thereof
Non-resident motor vehicle response - per apparatus for each additional half
hour or part thereof
Response for open air burning - per apparatus for the 1st hour or part thereof
Response for open air burning - per apparatus for each additional half hour or
part thereof.
Response & remediation - grow operations/drug lab
Response for rescue as result of trespass/stunting/misadventure
Response for malicious complaint/false reporting
Response for fireworks complaint in contravention of by-law
Vacant building response - per apparatus for the 1st hour or part thereof
After hours services (per person/per hour)88.89 11.56 100.45
Delayed response from Property Keyholder
Risk Safety Management Plan (RSMP) Review - Propane $ Fee $ HST $ Total
Existing facility - 5,000 USWG or less 250.00 32.50 282.50
New/modified facility - 5,000 USWG or less 500.00 65.00 565.00
Existing facility - more than 5,000 USWG 1,250.00 162.50 1,412.50
New/modified facility - more than 5,000 USWG 2,500.00 325.00 2,825.00
Preventable False Alarms $ Fee $ HST $ Total
First two alarms, written warning
Subsequent Alarms
**MTO rate is an established fee used by Fire Departments to cost recover
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
Fire
no charge
no charge
as billed to the department
as billed to the department
**current MTO Rate
as billed to the department
as billed to the department
as billed to the department
No charge
**current MTO Rate
**current MTO Rate
as billed to the department
as billed to the department
**current MTO Rate
27 Page 42 of 58
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Interment Rights (Lot Sales)Total Fee HST Total Charge
Adult Single Lot 2,652.99 344.89 2,997.88
Child/Infant Single Lot - size 4'x5'1,287.86 167.42 1,455.28
Child/Infant Single Lot - with granite memorial/keepsakes storage 3,605.00 468.65 4,073.65
Cremation Lot - Single lot 554.54 72.09 626.63
Cremation Plot - Four lots 1,841.50 239.40 2,080.90
One Time Care & Maintenance Fee 300.00 39.00 339.00
Interment Rights (Niche Sales)Total Fee HST Total Charge
Niche Level A & B
Single Niche Stamford Green only 846.52 110.05 956.57
Double Niche 1,960.35 254.85 2,215.20
Triple Niche Stamford Green only 2,806.86 364.89 3,171.75
Niche Level C - G
Single Niche Stamford Green only 1,069.28 139.01 1,208.29
Double Niche 2,227.66 289.60 2,517.26
Triple Niche Stamford Green only 3,296.94 428.60 3,725.54
Interment Rights (Niche Sales-Estate)Total Fee HST Total Charge
Two Niche Unit (4 Urn Limit)5,021.25 652.76 5,674.01
Four Niche Unit (8 Urn Limit)10,042.50 1,305.53 11,348.03
Interment & Inurnment Service Fees Total Fee HST Total Charge
Adult Casket Burial 1,709.10 222.18 1,931.28
Adult Double Depth Casket Burial 2,363.85 307.30 2,671.15
Child/Infant Casket Burial 829.66 107.86 937.52
Cremains Urn Burial 540.77 70.30 611.07
Oversized Urn Burial (Companion & Urn Vaults)811.18 105.45 916.63
Cremains - SCATTERING - REMEMBRANCE GARDENS 276.07 35.89 311.96
Cremains - SCATTERING - OTHER 138.03 17.94 155.97
Interment Cancellation - Casket (if not already open)405.07 52.66 457.73
Interment Cancellation - Urn (if lot/niche already open)202.54 26.33 228.87
Interment Services (Niche Inurnments)Total Fee HST Total Charge
Single Inurnment 425.91 55.37 481.28
Double Cremain Inurnment*92.17 11.98 104.15
Dis-Inter Niche Urn 202.54 26.33 228.87
*Adminstration fee for the 2nd inurnment if taking place at the same time as the first and in the same niche.
Cemetery Fees
28 Page 43 of 58
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Dis-Interment Services Total Fee HST Total Charge
Adult Casket Dis-interment only*2,893.35 376.14 3,269.49
Adult Casket Dis-interment & Re-interment 4,948.45 643.30 5,591.75
Cremain Urn Dis-interment Only*814.37 105.87 920.24
Cremain Urn Dis-interment & Re-Interment 1,379.57 179.34 1,558.91
Infant Casket Dis-interment Only*1,112.05 144.57 1,256.62
Infant Casket Dis-interment & Re-interment 1,966.60 255.66 2,222.26
*remains are removed from Municipal Cemetery
Interment Surcharges Total Fee HST Total Charge
Late Arrivals - after 3:00 pm Mon-Sat, Sun & Holidays (each 1/2 hour)128.03 16.64 144.67
Sunday & Holiday Casket Burial - scheduled between 11:00 am & 2:00 pm 972.98 126.49 1,099.47
Sunday & Holiday Cremains Burial - scheduled between 11:00 am & 2:00 pm 486.50 63.25 549.75
Tent Rental (All Interment Services)149.16 19.39 168.55
Less than 8 working hours casket burial order 307.27 39.95 347.22
Less than 8 working hours cremains burial order 153.63 19.97 173.60
Administration Services Total Fee HST Total Charge
Cemetery Administrative fee 92.17 11.98 104.15
Interment Rights Replacement/Duplicate 46.08 5.99 52.07
Cremains Urn Burial - double (admin fee) *companion urn*92.17 11.98 104.15
Cemetery Records Search (charge per hour)46.08 5.99 52.07
Cemetery Fees
Dis-Interment & Administrative Service Fees
29 Page 44 of 58
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Niche & Memorial Products Total Fee HST Total Charge
Bronze Wreath (Maplegrove) or Frame (Lundy's Lane)1,004.12 130.54 1,134.66
Glass - Single Niche - Stamford Green 100.41 13.05 113.46
Glass - Double Niche - Stamford Green 200.82 26.11 226.93
Glass - Triple Niche - Stamford Green 250.29 32.54 282.83
Bronze Name Plate - Remembrance Garden/Memorial Woods 350.00 45.50 395.50
Bronze Plate - Single Niche - Stamford Green 753.08 97.90 850.98
Bronze Plate - Double Niche - Stamford Green 1,506.17 195.80 1,701.97
Bronze Plate - Triple Niche - Stamford Green 2,259.25 293.70 2,552.95
Granite Plate Etching Service 772.50 100.43 872.93
Cremation Keep Sakes - Pendant 107.12 13.93 121.05
Cremation Keep Sakes - Pendant with Fingerprint 163.77 21.29 185.06
Key FOB (extra) Stamford Green 20.07 2.61 22.68
Cemetery & Park Memorial Program Total Fee HST Total Charge
Life's QR - 2.2" Plaque 250.00 32.50 282.50
Life's QR - 4.4" Plaque 275.00 35.75 310.75
Life's QR - Tree Stake 300.00 39.00 339.00
Memorial Tree with name tag 810.00 105.30 915.30
Memorial Tree with QR Tree Stake 1,110.00 N/A 1,110.00
Memorial Tree with Small Memorial Stone or Garden Plaque 1,250.00 N/A 1,250.00
Memorial Bench with plate installed on back of bench 2,781.00 N/A 2,781.00
Memorial Bench with 4.4" Life's QR Plaque on back of bench 3,056.00 N/A 3,056.00
Memorial Bench with bronze plaque (8" x 10") and stand 3,615.30 N/A 3,615.30
Foundation /Marker/Installation Services Total Fee HST Total Charge
Foundation Installation - up to 36"850.75 110.60 961.35
Foundation Installation - 36" to 48"978.68 127.23 1,105.91
Foundation Installation - 49" to 60"1,307.43 169.97 1,477.40
Foundation Installation - 61" to 72"1,435.64 186.63 1,622.27
Foundation Installation - 73" to 90"1,623.64 211.07 1,834.71
Veteran Upright Marker Setting 576.11 74.89 651.00
Small Flat Marker Setting under 172 square inches 208.05 27.05 235.10
Large Flat Marker Setting over 172 square inches 364.87 47.43 412.30
Corner Markers Setting (per set of 4)208.05 27.05 235.10
Cemetery Cremation Vault 645.00 83.85 728.85
Cemetery Traditional Vault 1,495.00 194.35 1,689.35
Prescribed Marker Care & Maintenance Fee Total Fee HST Total Charge
Flat Marker Over 172 square inches 100.00 13.00 113.00
Prescribed Provincial Licensing Fee Total Fee HST Total Charge
Provincial Licensing Fee 30.00 3.90 33.90
Cemetery Fees
Memorial Products & Services
Foundation Fees
CUSTOM - Memorial Bench with Memorial Plate Installed on Back of Bench (please contact Cemetery office)
30 Page 45 of 58
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3) Sunday & statutory holiday interment services may be scheduled between 11:00 am & 2:00 pm. An interment
surcharge will apply.
4) A "scheduled" funeral late arrival & other interment surcharges will apply as indicated in the Cemetery Fee
Schedule - "Interment Surcharges"
5) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional fee.
6) Funeral Directors are responsible for advising families, in advance, of potential late charges & applicable
surcharges.
7) Dis-interments may be scheduled from May 1st to November 1st only and at the discretion of the Cemetery
Manager or designate.
8) The Funeral Director is responsible for scheduling & all related costs for disinterments including:
casket/urn/vault/removal
vault/urn unsealing & resealing
Niagara Regional Health Unit Approval and Attendance
9) One time care & maintenance fee is charged per interment (fully body or cremation) that takes place in a lot
(grave) that was purchased prior to 1955.
B) Interment Right Sales
1) The Interment Rights Holder owns the interment rights to a single lot, plot and/or niche. The Interment Rights
Holder must abide by the regulations stipulated in the Cemetery by-law, including the installation of a monument,
maintenance of a flowerbed or other memorialization.
2) The Interment Rights Holder may transfer, exchange or sell-back a plot, single lot or niche at any time before an
interment takes place. If the above Interment Rights have not been used, the purchaser may, in writing to the City
within thirty (30) days from the signing of the contract, cancel this contract and receive a full refund. Following thirty
(30) days, the purchaser may be eligible for a full refund less the Care & Maintenance Fees.
C) Resale/Transfers
The Rights Holder may resell unused lots/plots/niches to the City of Niagara Falls for a refund of the current
Cemetery Fee. Rights Holder may also resell unused lots/plots/niches privately. The City reserves first right of
refusal for all resell/sell back of Interment Rights (i.e. lots, plots and niches). All documents pertaining to the original
sale must be returned to the Cemetery Office. An administration charge will apply, in accordance with the current
Cemetery Fees Schedule.
D) Payment
Interment Rights (lot sales) must be paid in full before any burial and/or memorialization can take place. Payment
for a burial service (casket, cremation, niche, scatter) is due the day of the service. Credit card, debit, cheque are
the only acceptable methods of payment.
E) Inquiries
All inquiries or concerns should be received in person at the Fairview Cemetery office, on Stanley Ave.,
Monday through Saturday 8:00 am to 4:00 pm, or by calling (905) 354-4721 Monday through Friday 8:00 am to
4:00 pm. Saturday appointments must be made at least 48 hours in advance. Mark Richardson, Manager of
Cemetery Services.
2) Monday to Saturday Interment Services (except on Statutory or City Holidays) may be scheduled between 9:00am
and 3:00 pm only
Cemetery Fees
Memorial Products & Services
Notes:
A) Interment/Disinterment Services
1) All committal services scheduling is at the approval of the Cemetery Services based on location, weather, staff
availability & the number of services requested.
31 Page 46 of 58
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Note: Commercial Groups/Community Groups Non-profit:
Prime hours are Monday-Friday 5:00 pm-11:00 pm, Saturday-Sunday 7:00 am to close
Non-prime hours are Monday-Friday 7:00 am - 5:00 pm and 11:00 pm - 12:00 am
Statutory Holidays are charged at prime rates
Summer ice rates are applicable from May 1st through August 31st
Exact dates of opening & closing to be determined each year
Cancellation Fee $ Fee $ HST $ Total
Arenas, playing fields, Older Adult Centre and MacBain Community Centre
rentals 21.43 2.79 24.22
Ice/Floor Rentals
(Fall/Winter - effective September 1 - April 30)$ Fee $ HST $ Total
Adult Ice rental - prime time 225.60 29.33 254.93
Adult Ice rental - non-prime time 119.42 15.52 134.94
Youth Ice rental - prime time (resident)151.76 19.73 171.49
Youth Ice rental - prime time (non-resident)208.51 27.11 235.62
Youth Ice rental - non prime time 96.84 12.59 109.43
Youth tournament prime time (non-tenant)174.89 22.74 197.63
Ice Training (non prime time only, 5 skater maximum)61.94 8.05 69.99
Education rate (all elementary schools)58.55 7.61 66.16
Floor Rental - adult 80.00 10.40 90.40
Floor Rental - youth 72.00 9.36 81.36
Ice/Floor Rentals
(Spring/Summer - effective May 1 - August 31)$ Fee $ HST $ Total
All users - prime time 216.92 28.20 245.12
All users - non prime time 150.80 19.60 170.40
Tenant Groups - prime time 184.62 24.00 208.62
Tenant Groups - non prime time 124.29 16.16 140.45
Youth tournament (non-tenant) prime time 174.89 22.74 197.63
Education rate (all schools)58.58 7.62 66.20
Floor rental - adult 80.00 10.40 90.40
Floor rental - youth 72.00 9.36 81.36
Recreation, Culture & Facilities
32 Page 47 of 58
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Parking Lot Rentals $ Fee $ HST $ Total
King Eddy - Full Day (4-12 hours)500.00 65.00 565.00
King Eddy - Half Day (4 hours or less)250.00 32.50 282.50
Gale Centre Parking Lot A - Full Day (4-12 hours)1,000.00 130.00 1,130.00
Gale Centre Parking Lot A - Half Day (4 hours or less)500.00 65.00 565.00
Gale Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00
Gale Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Centre Parking Lot A - Full Day (4-12 hours)500.00 65.00 565.00
MacBain Centre Parking Lot A - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00
MacBain Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Skatepark Lot - Full Day (4-12 hours)250.00 32.50 282.50
MacBain Skatepark Lot - Half Day (4 hours or less)125.00 16.25 141.25
Chippawa Arena - Full Day (4-12 hours)250.00 32.50 282.50
Chippawa Arena - Half Day (4 hours or less)125.00 16.25 141.25
Chippawa Lions Park Lot - Full Day (4-12 hours)250.00 32.50 282.50
Chippawa Lions Park Lot - Half Day (4 hours or less)125.00 16.25 141.25
Park Rentals*$ Fee $ HST $ Total
Chippawa Lions Park - Community Park 75.00 9.75 84.75
City Hall Centennial Square - City-Wide Park 75.00 9.75 84.75
Cummington Square - City-Wide Park 60.00 7.80 67.80
F.H. Leslie Park - Community Park 75.00 9.75 84.75
George Bukator Park - City-Wide Park 60.00 7.80 67.80
John N. Allan Park - Community Park 75.00 9.75 84.75
Lundy's Lane Battlefield Park - City-Wide Park 75.00 9.75 84.75
Special Events Park Rentals 75.00 9.75 84.75
*Not including athletic fields
Recreation, Culture & Facilities
Special Event Rental Fees
Page 48 of 58
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MacBain Community Centre Room Rental Fees
Rooms for Rent (Regular &
Out of Town)
$ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Multi-Purpose Room A 26.25 3.41 29.66 131.25 17.06 148.31
Multi-Purpose Room D 63.00 8.19 71.19 315.00 40.95 355.95
Multi-Purpose Room E 63.00 8.19 71.19 315.00 40.95 355.95
Multi-Purpose Room D/E (together)126.00 16.38 142.38 630.00 81.90 711.90
Multi-Purpose Room F 50.00 6.50 56.50 250.00 32.50 282.50
Community Board Room 26.25 3.41 29.66 131.25 17.06 148.31
Coronation Room 63.00 8.19 71.19 315.00 40.95 355.95
Second Floor Meeting Room 20.00 2.60 22.60 100.00 13.00 113.00
Rooms for Rent
(Non Profit )
$ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Multi-Purpose Room A 13.13 1.71 14.84 63.00 8.19 71.19
Multi-Purpose Room D 31.50 4.10 35.60 157.50 20.48 177.98
Multi-Purpose Room E 31.50 4.10 35.60 157.50 20.48 177.98
Multi-Purpose Room D/E (together)63.00 8.19 71.19 315.00 40.95 355.95
Multi-Purpose Room F 25.00 3.25 28.25 125.00 16.25 141.25
Community Board Room 13.13 1.71 14.84 63.00 8.19 71.19
Coronation Room 31.50 4.10 35.60 157.50 20.48 177.98
Second Floor Meeting Room 10.00 1.30 11.30 50.00 6.50 56.50
$ Fee/hr $ HST $ Total
68.25 8.87 77.12
34.13 4.44 38.56
110.25 14.33 124.58
60.38 7.85 68.22
Day Rate 826.88 107.49 934.37
$ Fee/hr $ HST $ Total
34.13 4.44 38.57
17.06 2.22 19.28
55.13 7.17 62.30
23.63 3.07 26.70
$ Fee/hr $ HST $ Total
10.00 1.30 11.30
15.00 1.95 16.95
Walking Track 50.00 6.50 56.50
10.00 1.30 11.30
5.00 0.65 5.65
7.00 0.91 7.91
MacBain Community Centre - DAY PASS - Valid for public swimming and drop in gym times
Program Fees $ Fee/hr $ HST $ Total
Child/Youth (4-17)/Senior (60+)8.85 1.15 10.00
Adult 13.27 1.73 15.00
Family 22.12 2.88 25.00
Drop in programs (excluding aquatics,
indoor play structure & racquet sports)4.43 0.58 5.00
Youth
Recreation, Culture & Facilities
Gymnasium
MacBain Comm. Centre Rental Fees (not for profit)
Youth 1/3 gym
Adult
Adult 1/3 gym
Gymnasium
Youth
Youth 1/3 gym
Adult
Adult 1/3 gym
MacBain Community Centre Rental Fees (for profit)
Per pass
Per pass
Per pass
MacBain Community Centre Rental Fees
Drop in Fee for Squash & Racquetball (prime: after 5:00pm & weekends) -
per person
Per pass
Squash Courts (per hour)Youth/Older adult non-prime
Adult
Exclusive rentals-evenings &
weekends
Equipment Rental
Drop in Fee for Squash & Racquetball (non-prime: before 5:00pm on
weekdays) - per person
34 Page 49 of 58
Page 238 of 679
Indoor Play Structure
$ Fee $ HST $ Total
Hourly NFP Rental 150.00 19.50 169.50
Drop in 6.19 0.81 7.00
Drop in 13.27 1.73 15.00
Birthday Parties
$ Fee $ HST $ Total
75.00 9.75 84.75
100.00 13.00 113.00
250.00 32.50 282.50
200.00 26.00 226.00
50.00 - 50.00
30.00 3.90 33.90
21.43 2.79 24.22
MacBain Community Centre Storage
Not for profit $5/square foot
Profit
$ Fee $ HST $ Total
10.00 1.30 11.30
Recreation, Culture & Facilities
per child
per family
Birthday Party Cleaning/Damage Deposit
Refund - Program Only
Room only
$8/square foot
Fees
Fees Per Hour
Room & 1/3 Gym
Room & 1/3 Gym and Play Structure
Room & Play Structure
Refunds (for all registrations)
Crafts
Refund - Administration Fee
Page 50 of 58
Page 239 of 679
$ Fee $ HST $ Total
1.33 0.17 1.50
2.43 0.32 2.75
5.31 0.69 6.00
6.19 0.81 7.00
4.87 0.63 5.50
6.19 0.81 7.00
3.54 0.46 4.00
4.42 0.58 5.00
22.12 2.88 25.00
3.54 0.46 4.00
4.42 0.58 5.00
24.34 3.16 27.50
$ Fee $ HST $ Total
26.55 3.45 30.00
30.97 4.03 35.00
48.67 6.33 55.00
57.52 7.48 65.00
Twelve Month Membership - Resident
Twelve Month Membership - Non-Resident
Yoga - 60+ Non-Member
TRX = 60+ Non-Member
Bingo & lunch - non-member
Yoga - 60+ Member
Six Month Membership - Resident
Six Month Membership - Non-Resident
Recreation, Culture & Facilities
Program Fees
Program Fees
$1.50 program drop in (including Tai Chi)
MacBain Community Centre - Older Adults 60 plus
MacBain Community Centre - Older Adults 60 plus Memberships
Pickelball - Non- Member
Assessment & program
TRX = 60+ Member
$27.50 fitness pass (10 punches)
Pickelball - Member
$2.75 fitness class drop in (including Zumba)
Bingo & lunch - member
36 Page 51 of 58
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$ Fee $ HST $ Total
3.54 0.46 4.00
4.42 0.58 5.00
3.98 0.52 4.50
8.85 1.15 10.00
13.27 1.73 15.00
61.95 8.05 70.00
119.47 15.53 135.00
79.65 10.35 90.00
6.19 0.81 7.00
4.42 0.58 5.00
180.00 23.40 203.40
240.00 31.20 271.20
60.00 7.80 67.80
Lane Rental (per hour)20.00 2.60 22.60
150.00 19.50 169.50
200.00 26.00 226.00
$ Fee $ HST $ Total
85.00 N/A 85.00
106.30 N/A 106.30
127.60 N/A 127.60
152.92 19.88 172.80
280.00 N/A 280.00
4.42 0.58 5.00
5.31 0.69 6.00
7.87 1.02 8.89
8.28 1.08 9.36
$ Fee $ HST $ Total
36.75 N/A 36.75
46.05 N/A 46.05
55.30 N/A 55.30
150.00 N/A 150.00
110.62 N/A 110.62
$ Fee $ HST $ Total
120.00 N/A 120.00
150.00 N/A 150.00
150.00 N/A 150.00
300.00 N/A 300.00
85.00 N/A 85.00
110.00 N/A 110.00
75.00 N/A 75.00
225.00 N/A 225.00
Standard First Aid Recert
Instructors
No Charge
Bronze Cross
National Lifeguard
National Lifeguard Recert
Standard First Aid
Aquatics Certification Course Fees
Bronze Star
Bronze Medallion
Recreation, Culture & Facilities
MacBain Community Centre - Indoor Aquatics
Program Fees
Child/Youth
Family (2+3)
Adult
Senior
AdultSix Month Membership
Child
Senior
Leisure Swim
Family (2+5)
Both pools 1-30 people
Both pools 31-100 peoplePool Rental (per hour)
with Slide (additional)
Fitness Classes Drop in - Adult
Drop in - Older Adults 60+
Swim Team
1-10 people/hour
Birthday Party Pool & room
Pool & gym
Private
Adult Lane Swim/Public Swim
Private
Swimming Lessons - Indoor
30 minutes
45 minutes
60 minutes
Adult Lessons
Drop-in Aqua Fitness 60+ Member
Drop-in Aqua Fitness 60+ Non-Member
Aqua Cycle 60+ Member
Aqua Cycle 60+ Non-Member
30 minutes
Swimming Lessons - Outdoor (5 lessons)
45 minutes
60 minutes
37 Page 52 of 58
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Gale Centre/Chippawa Room Rental Fees
Memorial Room $ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Not for profit Community Group 50.00 6.50 56.50 200.00 26.00 226.00
For profit Commercial Use 100.00 13.00 113.00 400.00 52.00 452.00
Birthday Parties - per booking 75.00 9.75 84.75 N/A N/A N/A
Boardrooms $ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Not for profit Community Group N/A N/A N/A N/A N/A N/A
For profit Commercial Use 25.00 3.25 28.25 125.00 16.25 141.25
Chippawa Community
Room
$ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Per Booking 75.00 9.75 84.75 N/A N/A N/A
Note: per day is for an 8 hour period. Special provisions for tournaments can be made through contract rental.
The Special Event rental rates are for the basic use and services of the facility only. Additional charges will be
added for staff, equipment rental and any other facility requirements that are requested. Organizations serving
alcoholic beverages must comply with the City's Alcohol Risk Management Policy.
$ Fee $ HST $ Total
3.54 0.46 4.00
2.65 0.34 2.99
8.84 1.15 9.99
2.95 0.38 3.33 Seniors (60 years & over)
Recreation, Culture & Facilities
Public Skating
Adult (16 years and over)
Child/Student (15 years and under)
Family Pass (2 adults, 3 children)
38 Page 53 of 58
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Playing Fields
$ Fee $ HST $ Total
83.29 10.83 94.12
103.26 13.42 116.68
120.28 15.64 135.92
155.03 20.15 175.18
$ Fee $ HST $ Total
25.95 3.37 29.32
Per Hour Options
$ Fee $ HST $ Total
4.50 0.59 5.09
10.00 1.30 11.30
12.00 1.56 13.56
20.00 2.60 22.60
$ Fee $ HST $ Total
3.50 0.46 3.96
7.00 0.91 7.91
8.00 1.04 9.04
16.00 2.08 18.08
$ Fee $ HST $ Total
2.50 0.33 2.83
5.00 0.65 5.65
6.00 0.78 6.78
$ Fee $ HST $ Total
50.00 6.50 56.50
100.00 13.00 113.00
70.00 9.10 79.10
200.00 26.00 226.00
$ Fee $ HST $ Total
20.98 2.73 23.71
34.98 4.55 39.53
69.94 9.09 79.03
33.75 4.39 38.14
Niagara Falls Youth Users
Qualify for a reduced rate: 50% off the regular hourly rate
1. Niagara Falls based youth organization
2. Registered youth sport with an Ontario governing body
3. Documentation must be provided to staff for approval
Recreation, Culture & Facilities
Multi-Purposes Articial Turf Field
Residential minor/youth sport organization
Non-residential minor/youth sport organization
Resident Adult not-for-profit, sport organization
Non-resident adult
Playing Fields
Non-resident Adult not-for-profit, sport organization
Track - exclusive use (Oakes Park) per day
A Category Playing Fields
Resident youth
Non-resident youth
Resident adult
Tournament Day Rate (day=10 hours/field)
B Category Playing Fields
Resident youth
Non-resident youth
Resident adult
Non-resident adult
C Category Playing Fields
Resident youth
Non-resident youth
Resident adult
Lighting - one hour
Lighting - two hours
Lighting - per four hour block
Lighting (youth per evening)
Resident youth
Non-resident youth
Resident adult
Non-resident adult
Lighting
39 Page 54 of 58
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Museum Fee Schedule
$ Fee $ HST $ Total
5.31 0.69 6.00
4.42 0.57 4.99
no charge no charge no charge
17.70 2.30 20.00
66.37 8.63 75.00
44.25 5.75 50.00
66.37 8.63 75.00
10.62 1.38 12.00
8.85 1.15 10.00
35.40 4.60 40.00
$ Fee $ HST $ Total
no charge no charge no charge
$ Fee $ HST $ Total
5.31 0.69 6.00
2.65 0.35 3.00
3.54 0.46 4.00
6.19 0.81 7.00
4.42 0.57 4.99
8.85 1.15 10.00
2.65 0.34 2.99
221.24 28.76 250.00
132.74 17.26 150.00
13.27 1.73 15.00
8.85 1.15 10.00
$ Fee $ HST $ Total
17.70 2.30 20.00
0.17 0.02 0.19
$ Fee $ HST $ Total
22.12 2.88 25.00
35.40 4.60 40.00
$ Fee $ HST $ Total
No charge No charge No charge
44.25 5.75 50.00
Educational Programs (minimum 15
participants)
Recreation, Culture & Facilities
Niagara Falls History Museum Attendance
Adults (20+)
Students (6-19 years old or with valid ID)
5 years old and under
Virtual School Educational Tour
Family (up to 5 people - maximum 3 adults)
Virtual Tour Group
Battle Ground Hotel Museum & Willoughby
Historical Museum
Admission by donation
Customized Virtual School Educational Tour
Historic Walking Tours (Adult)
Historic Walking Tours (Student)
Historic Walking Tours (Family)
Photographic Reproductions
School Program (approx. 90 minutes)/student
School - self guided tour/student
45 minute museum or Battlefield experience (school)/student
45 minute museum or Battlefield experience (group)/person
90 minute museum or Battlefield experience (school)/student
90 minute museum or Battlefield experience (group)/person
Additional Tour of Battle Ground Hotel/person
Full day Educational Outreach
Half day Educational Outreach
Full day School Program
Half day School Program
Research request/first hour
Research request - additional research/hour
Digital Image
Photocopy (black & white)
Membership
Individual membership/year
Family membership/year
Other
40 Page 55 of 58
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Museum Fee Schedule
$ Fee $ HST $ Total
50.00 6.50 56.50
100.00 13.00 113.00
50.00 6.50 56.50
100.00 13.00 113.00
50.00 6.50 56.50
100.00 13.00 113.00
$ Fee $ HST $ Total
30.00 3.90 33.90
80.00 10.40 90.40
30.00 3.90 33.90
75.00 9.75 84.75
30.00 3.90 33.90
75.00 9.75 84.75
Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an
event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or
retail events unless artistic in nature. Public must be invited.
Minimum of 2 hour rentals in the Museum
$ Fee $ HST $ Total
75.00 9.75 84.75
125.00 16.25 141.25
Sherman Zavitz Theatre/hour after operating hours
Galleries/hour after operating hours
Community Maker Rentals
Sherman Zavitz Theatre/hour
Galleries/hour (only between 5-9 pm on Tues, Wed, Fri, Sat)
Niagara Falls Hydro Corporation Courtyard/hour after operating hours
Recreation, Culture & Facilities
Rentals
Sherman Zavitz Theatre/hour
Sherman Zavitz Theatre/hour after operating hours
Niagara Falls Hydro Corporation Courtyard/hour
Niagara Falls Hydro Corporation Courtyard/hour
Galleries/hour (only between 5-9 pm on Tues, Wed, Fri, Sat)
Other
Dishes (0-30 ppl)
Dishes (31+ppl)
Galleries/hour after operating hours
Niagara Falls Hydro Corporation Courtyard/hour after operating hours
41 Page 56 of 58
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Niagara Falls Exchange
$ Fee $ HST $ Total
110.62 14.38 125.00
154.87 20.13 175.00
575.22 74.78 650.00
796.46 103.54 900.00
884.96 115.04 1,000.00
1,327.43 172.57 1,500.00
1,769.91 230.09 2,000.00
530.97 69.03 600.00
973.45 126.55 1,100.00
176.99 23.01 200.00
44.25 5.75 50.00
$ Fee $ HST $ Total
20.00 2.60 22.60
75.00 9.75 84.75
420.00 54.60 474.60
670.00 87.10 757.10
780.00 101.40 881.40
1,280.00 166.40 1,446.40
1,780.00 231.40 2,011.40
$ Fee $ HST $ Total
398.23 51.77 450.00
26.55 3.45 30.00
$ Fee $ HST $ Total
265.49 34.51 300.00
26.55 3.45 30.00
$ Fee $ HST $ Total
265.49 34.51 300.00
26.55 3.45 30.00
*Winter Wednesday markets are unconfirmed at this time.
Woodworking Shop Membership Rates
& Other Fees
Daily
Annual 10 x 10
Annual 10 x 10 with storage
Annual 20 x 10
Annual Hotdesk
Cost to replace lost access key
Annual Hotdesk with storage
Six months 10 x 10 with storage
Recreation, Culture & Facilities
Artist Studio Membership Rates & Other Fees
Monthly 10 x 10
Monthly 10 x 10 with storage
Six months 10 x 10
Monthly
Six Months
Six Months with storage
Hotdesk (3 months)
Market Stall/daily
Commericial Membership (see website for restrictions)
Farmers' Market @ The Exchange - Saturdays
Summer/Fall (May-October)
Market Stall/season
Market Stall/daily
Farmers' Market @ The Exchange -
Wednesdays (June-September)
Market Stall/season
Market Stall/daily
Market Stall/season
Farmers' Market @ The Exchange - Saturdays
Winter/Spring (November-April)
Annual with storage
Annual
42 Page 57 of 58
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Niagara Falls Exchange
$ Fee $ HST $ Total
75.00 9.75 84.75
125.00 16.25 141.25
50.00 6.50 56.50
75.00 9.75 84.75
50.00 6.50 56.50
75.00 9.75 84.75
100.00 13.00 113.00
150.00 19.50 169.50
400.00 52.00 452.00
$ Fee $ HST $ Total
50.00 6.50 56.50
100.00 13.00 113.00
30.00 3.90 33.90
50.00 6.50 56.50
30.00 3.90 33.90
50.00 6.50 56.50
12.50 1.63 14.13
250.00 32.50 282.50
250.00 32.50 282.50
75.00 9.75 84.75
125.00 16.25 141.25
350.00 45.50 395.50
Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an
event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or
retail events unless artistic in nature. Public must be invited.
Minimum of three (3) hour rentals of the Market Hall
$ Fee $ HST $ Total
10.00 1.30 11.30
20.00 2.60 22.60
250.00 32.50 282.50
3.50 0.46 3.96
Other
Corkage Fee
Labour for corkage fee/hr/person
Comfort Lounge Rental
Linens rental (table cloths, napkins, overlays)/item
Wilma Morrison Courtyard/hour after operating hours
Recreation, Culture & Facilities
Rentals
Market Hall/hour
Market Hall/day after operating hours
Wilma Morrison Courtyard/hour
Historic Drummondville Square/hour
Historic Drummondville Square/hour after operating hours
Parking Lot/hour
Parking Lot/hour after operating hours
Indoor stage rental (with minimum 3 hour rental)
Parking Lot/hour
Parking Lot/hour after operating hours
Indoor stage rental (with minimum 3 hour rental)
Studio Gallery/hour
Community Makers Rentals
Market Hall/hour
Market Hall/hour after operating hours
Wilma Morrison Courtyard/hour
Wilma Morrison Courtyard/hour after operating hours
Historic Drummondville Square/hour
Historic Drummondville Square/hour after operating hours
Studio Gallery/month
Atrium Gallery/month
43 Page 58 of 58
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F-2023-38
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Debenture Financing For Adopted 2024 Capital Budget
Recommendation(s)
1. THAT the Annual Repayment Limit (ARL) in Attachment 3 and Revised Annual
Repayment Limit (ARL) in Attachment 5 , BE RECEIVED for information;
2. THAT the debt swaps proposed in Attachment 1, to reduce the City’s debt
obligations for projects less than $1M, BE APPROVED.
3. THAT the debt financing outlined in Attachment 2, per the 2024 Capital Budget
BE RECEIVED;
4. THAT the revised debt financing in Attachment 4, inclusive of proposed debt
swaps, BE REFERRED to the City's 2024 operating budget process;
5. THAT the net tax levy impact of 0.94% for 2024 capital projects being debt
financed via the City's 2024 Capital Budget, inclusive of debt swaps in
Attachment 1, BE REFERRED to the 2024 Tax Levy Supported Operating
Budget process;
6. THAT staff BE AUTHORIZED to execute all agreements necessary to finance
capital projects with debentures as outlined in Attachment 4.
Executive Summary
On November 28, 2023 the 2024 Mayor’s Proposed Capital Budget (Report F-2023-36)
was deemed adopted. There were no amendments proposed by Council.
With the final capital budget established, staff wanted to formalize the debt approvals
outlined in Attachment 4, for future debt issuance and refer the debt obligations to the
tax levy supported operating budget process to be phased in accordingly.
Staff also wanted to use this opportunity to adopt a guiding principle to reserve debt
approvals to projects greater than $1M and swap some of the existing smaller debt
approvals to OLG funding and/or other reserve funding accordingly, as outlined in
Attachment 1.
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While staff is supportive of this guiding principle, annual increases to the capital levy are
critical for City to be able to reduce its reliance on debt moving forward.
Background
At the Special Council meeting on November 28, 2023, the 2024 Mayor’s Proposed
Capital Budget was deemed adopted. There were no amendments proposed by Council
and therefore the Mayor did not have to consider using his veto.
During the meeting, Councillor Pietrangelo asked staff about the current debt strategy
and suggested that the City adopt guiding principles to avoid taking on debts for
“smaller projects” and to reserve debt room for larger investments down the road, such
as a new facility.
Staff agrees with this approach and has already been making efforts to swap out
smaller debt approvals, as outlined in Attachment 1. Staff defines smaller debt
approvals as a project with less than $1M in debt-related funding.
History on Recent Increased Use of Debt
During the 2021 capital budget deliberations, while the Casino was closed and no OLG
funds were received, Council chose not to allocate the full $4.2M transfer to capital that
is maintained in the tax levy supported operating budget, instead only allocating $2.0M.
The rationale was to leave $2.2M unallocated in case the OLG funding did not return in
2021 and in case the City did not receive enough grant money to offset COVID losses.
Due to Council’s hesitation to allocate the full $4.2M in 2021, staff had to revise their
proposed funding strategy for the 2021 capital budget and find different funding sources
for the $2.2M of unallocated levy funding, thus in order to maintain the same capital
plan proposed, the City leveraged grants and took on debt approvals.
The City did end up receiving safe restart funding in 2021 and as such the unallocated
$2.2M transfer was able to be put into capital reserves at the end of 2021 and used in
future budgets. It is because of this decision making during the 2021 capital budget
deliberation that staff had to consider funding small projects with debentures. As staff
has not actually issued the debentures on some of these projects yet, staff wish to swap
them out for other funding sources as indicated in Attachment 1.
In order to maintain current levels of annual investment in capital, debt financing
continued to be leveraged more heavily in the 2022 and 2023 capital budgets to avoid
deferring too many high priority investments. Staff also wanted to seize the opportunity
while the economy was in a low interest rate environment, and in some instances, it
allows the cost of long-lived assets to be spread over the assets useful life. Especially
with growth-related investments and service-level enhancements, debt financing helps
promote inter-generational equity by sharing the cost burden with current and future
benefitting residents.
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Introduction of Capital Levy
In 2022, the City introduced a dedicated Capital Levy of 1.0%. In 2023 Council
increased the capital levy by 0.5%, bringing the total to 1.5% (approximately $1.2M)
which will need to continue to grow over time to help fund the state of good repair of the
City’s aging assets.
8 Year History of Capital Funding Allocated from Levy Budget
Year
Budgeted
Transfer to
Capital
($)
Budgeted
Capital Levy
($)
Total Capital
Funding from
Levy Budget
($)
Increase
($)
2016 4,000,000 0 4,000,000
2017 4,000,000 0 4,000,000 0
2018 4,000,000 0 4,000,000 0
2019 4,000,000 0 4,000,000 0
2020 4,000,000 0 4,000,000 0
2021 4,200,000 0 4,200,000 200,000*
2022 3,450,141 749,859 4,200,000 0**
2023 3,500,000 1,151,070 4,651,070 451,070
* Not a true increase, $200,000 in IS capital expense budget was moved from operating
to capital, thus the existing funding was moved with it.
** Despite the introduction of a 1% capital levy, the transfer to capital was reduced by
the equivalent amount thus not increasing the transfer to capital at all.
As Council can see in the above chart, the Transfer to Capital from the Levy budget has
remained fairly stagnant for many years with the only true increase being in 2023 with
the additional 0.5% capital levy.
To put that into perspective:
In 8 years the City has only added an additional $451,000 to be spent on capital
projects from the tax levy supported operating budget.
The $4.6M allocation represents only about 7% of the City’s capital budget (2024
- $66.7M).
While staff support the guiding principal not to use debt for smaller projects, the
challenge will be that with minimal levy transfer to Capital and decreasing reserves, staff
and Council will have no choice but to use debentures in order to fund the ever growing
backlog of capital projects and meet provincially legislated requirements of an asset
management financing strategy by 2026.
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Analysis
During the last few capital budgets, staff has had to balance the asset management
needs of the city along with other key strategic investments. This has resulted in staff
recommending more debt financing as an alternative to be able to invest now, rather
than deferring projects years down the road until the funds are available.
In 2022 interest rates were favourable which enabled staff to suggest an increased use
of debt as a financing tool, but with the interest rates increasing over 2.0% since mid-
2022, staff has adjusted their approach accordingly and is targeting specific long-term
investments for the accumulation of debt.
The City has been fortunate to see the return of OLG funding post-pandemic, and so it
has provided an opportunity to “swap” some of the previous smaller debt approvals to
leverage OLG funds instead, without creating an immediate tax levy pressure. Staff has
taken this approach already via the 2023 Project Close Report (F-2023-24), to swap
existing debt approvals, including swapping $900k of debt for a fire truck with OLG
funding in order to provide more debt capacity for the $3M Aerial truck included in the
2024 capital budget. The 2024 Capital Budget also approved swapping the $2.7M non-
DC portion of the Montrose/Biggar/Reixinger Reconstruction project to reserve funding
to remove the operating budget impacts. This revision is reflected in Attachment 4. This
report continues that trend to address and swap some of the debt approvals less than
$1M, as outlined in Attachment 1.
One debt approval less than $1M remains related to the Bridge Street Multi-Modal Hub.
This is largely because the project is not due to be completed for several years. Staff
does not want to tie up cash in the interim, as the project is not yet far enough along to
know the final estimated cost, given the rate of inflation since the original budget was
established in 2020. It is possible additional funds may be required once the project is
closer to construction, which could push the project cost over $1M. Staff will monitor
progress and will consider a debt swap in the future.
Operational Implications and Risk Analysis
Gross debt financing proposed via the 2024 Capital Budget will create an estimated
operating impact of 1.25% at the time of debt issuance, as outlined in Attachment 2,
which could be issued several years in the future. Through the debt swaps proposed in
Attachment 1, this operating impact can be reduced to 0.94% as outlined in Attachment
4. This is in addition to the 0.25% of existing debt not yet issued bringing levy impact of
total debt not yet issued to 1.19%.
Through the debt swaps proposed in Attachment 1, the overall operating impact for all
approved debt not yet issued can be reduced from 1.58% to 1.19% as outlined in
Attachment 4.
Staff recommends that the operating impact of debt financing be referred to the 2024
tax levy supported operating budget process and phased in accordingly. Staff will make
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efforts to mitigate the operating impact as the debt payments are phased into the
operating budget.
Financial Implications/Budget Impact
Debt is a strategic funding tool that staff has made an effort to utilize more of
strategically starting with the City’s 2022 Capital Budget. The Municipal Act mandates
that municipalities cannot have annual debt repayments exceed 25% of own source
revenues. This is referred to as an Annual Repayment Limit (ARL). Most municipalities
set policy limits of 10% to 15% of own source revenues as a guideline. The City’s debt
policy guideline is 15%. The revised debt financing summary illustrating the current debt
levels against the repayment limits can be found in Attachment 5. The proposed swaps
in Attachment 1 decrease the total debt repayments to 7.2% of own source revenues
from 7.5% as proposed in the 2024 Mayor’s Proposed Capital Budget.
Due to the rising rate environment resulting from successive bank of Canada interest
rate hikes throughout 2022 and 2023, debt financing has become increasingly costly,
and staff has tried to focus debt financing on larger investments requiring a longer time
horizon to realize the benefit.
The City continues to adopt the practice of phasing in the tax levy impact for debt
servicing beginning at the time of approval of the Capital Budget. This ensures that
when debt is issued at project completion, there is sufficient room in the operating
budget to accommodate the debt charges, mitigating future tax levy increases. Staff is
monitoring interest rates and hopes that they will stabilize in the coming year. This also
provides additional time to phase the debt payments into the operating budget.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources and by making sound long-term
choices that allow core City programs and services to be sustainable now and
into the future.
To be efficient and effective in our delivery of municipal services and use of
resources and accountable to our citizens and stakeholders
List of Attachments
F-2023-38 - Attachment 1 - Debenture Financing For Adopted 2024 Capital Budget –
Summary of Debt Swaps
F-2023-38 - Attachment 2 - Debenture Financing For Adopted 2024 Capital Budget –
Debt Financing Summary
F-2023-38 - Attachment 3 - Debenture Financing For Adopted 2024 Capital Budget –
Annual Repayment Limit (ARL)
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F-2023-38 - Attachment 4 - Debenture Financing For Adopted 2024 Capital Budget –
Revised Debt Financing Summary
F-2023-38 - Attachment 5 - Debenture Financing For Adopted 2024 Capital Budget –
Revised Annual Repayment Limit (ARL)
Written by:
James Dowling, Manager of Capital Accounting
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 05 Dec
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 06 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
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Attachment 1 - Debenture Financing For Adopted 2024 Capital Budget – Summary of Debt Swaps F-2023-38
December 12, 2023
ID Project Description Debt Funding
ADD/(Remove)
Capital Special
Purpose Reserves
ADD/(Remove)
Reserve Funding
OLG
ADD/(Remove)
P116 Oakes Park Canada Summer Games Improvements (390,000.00)$ 390,000.00$
C20-20 Lundy's Lane Cemetery Operations Building
Replacement (Including Top-Up)(700,000.00)$ 700,000.00$
F68 Fire Department Boathouse (Chippawa)(450,000.00)$ 450,000.00$
TOTAL (1,540,000)$ 390,000$ 1,150,000$
Explanation: The above projects are being recommended for debt swaps to remove debt obligations and replace them with capital
special purpose reserve the OLG reserve funding.
Recommendation: Swap debt funding with capital special purpose reserves and the OLG reserve.
Summary of Debt Swaps
Funding Swaps From Debt and Other Sources To Reserve Funding
Page 7 of 11Page 254 of 679
Attachment 2 - Debenture Financing For Adopted 2024 Capital Budget - Debt Financing Summary F-2023-38
December 12, 2023
Levy %Levy %
Project Description Principal Term Rate Total
Payment 2024 2025 2024 Levy
Impact
2025 Levy
Impact
FR10-22: Plow Truck Replacement Program 1,636,460$ 10 5.08%212,753$ 212,753$ -$ 0.25%0.00%
P116: Oakes Park Canada Summer Games
Improvements 390,000$ 20 5.45%32,500$ -$ 32,500$ 0.00%0.04%
C20-20: Lundy's Lane Cemetery Operations
Building (Top-Up)200,000$ 25 5.46%14,852$ 14,852$ -$ 0.02%0.00%
C20-20: Lundy's Lane Cemetery Operations
Building Replacement 500,000$ 25 5.46%37,129$ 37,129$ -$ 0.04%0.00%
Total Approved Debt Issued in 2024 and
Levied in 2025 2,726,460$ 297,234$ 264,734$ 32,500$ 0.31%0.04%
NEW: Montrose/Biggar/Reixinger Reconstruction
(SNH)13,626,617$ 25 5.46%1,011,893$ -$ 1,011,893$ 0.00%1.19%
NEW: Additional Montrose Funding 1,500,000$ 25 5.46%111,388$ -$ 111,388$ 0.00%0.13%
F68: Boathouse 450,000$ 25 5.46%33,416$ -$ 33,416$ 0.00%0.04%
W62-21: Reixinger Road Watermain Loop and
Hospital Servicing 7,500,000$ 25 5.46%556,939$ -$ 556,939$ 0.00%0.66%
TSP50-20: Bridge Street Multi-Modal Hub (Year 2
& 3)821,436$ 20 5.45%68,452$ -$ 68,452$ 0.00%0.08%
Total Approved Debt to be Issued in 2025 23,898,053$ 1,782,088$ -$ 1,782,088$ 0.00%2.10%
R124-20 Drummond Rd - Mcleod Rd south to
Hydro Corridor 1,420,000$ 15 5.54%141,845$ -$ 141,845$ 0.00%0.17%
NEW: Fleet Replacement - Aerial Truck 3,000,000$ 15 5.54%299,672$ -$ 299,672$ 0.00%0.35%
Park Street and Affordable Housing Initiatives 4,300,000$ 20 5.70%365,815$ -$ 365,815$ 0.00%0.43%
2024 Plow Truck Replacement Program 1,280,000$ 10 5.33%168,433$ -$ 168,433$ 0.00%0.20%
Salt Storage Barn Priority Capital Repairs 2,695,000$ 20 5.70%229,273$ -$ 229,273$ 0.00%0.27%
Proposed Debt in 2024 Capital Budget 12,695,000$ 1,205,038$ -$ 1,205,038$ 0.00%1.42%
Total Levy Impact Before Recoveries 39,319,513$ 3,284,360$ 264,734$ 3,019,626$ 0.31%3.55%
Less: Debt Maturing 0.00%0.00%
Less: DC Recovery - (1,597,409) 0.00%-1.88%
Less: Utility Recovery - (163,943) 0.00%-0.19%
Grand Total 264,734 1,258,275 0.31%1.48%
Total Approved Debt Issued in 2024 and
Levied in 2024 and 2025 2,726,460$ 297,234$ 264,734$ 32,500$ 0.31%0.04%
Less: Debt Maturing 0.00%0.00%
Less: DC Recovery - - 0.00%0.00%
Less: Utility Recovery - - 0.00%0.00%
Total 264,734 32,500 0.31%0.04%
Total Approved Debt to be Issued in 2025 23,898,053$ 1,782,088$ -$ 1,782,088$ 0.00%2.10%
Less: Debt Maturing 0.00%0.00%
Less: DC Recovery - (1,455,564) 0.00%-1.71%
Less: Utility Recovery - (163,943) 0.00%-0.19%
Total - 162,582 0.00%0.19%
Total Proposed Debt in 2024 Capital Budget 12,695,000$ 1,205,038$ -$ 1,205,038$ 0.00%1.42%
Less: Debt Maturing 0.00%0.00%
Less: DC Recovery - (141,845) 0.00%-0.17%
Less: Utility Recovery - - 0.00%0.00%
Total - 1,063,193 0.00%1.25%
Proposed Debt in 2024 Capital Budget to be issued in future years (Placeholders Phased In)
Levy Year
2024 Capital Budget - Debt Financing Summary
Approved Debt To Be Issued in 2024 and Levied in 2025
Approved Debt to be Issued in 2025 (Placeholders Phased In)
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$71,295,555
$97,920,068
$110,615,068
5.25%
$7,843,568
6.64%
$9,922,890
7.45%
$11,127,928
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
Current Issued Debt Including Approved
Debt Not Yet Issued
Including Proposed
Debt in 2024
$-
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
$160,000,000
Annual Debt RepaymentGross DebtAnnual Repayment Limit (ARL) as of
November 2023
Gross Debt Annual Debt Repayment Legislated ARL Debt Policy ARL
Legislated ARL ($37.4M = 25% of Own Source Revenue)
Policy ARL ($22.4M = 15% of Own Source Revenue)
Attachment 3 - Debenture Financing For Adopted 2024 Capital Budget –
Annual Repayment Limit (ARL)
F-2023-38
December 12, 2023
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Attachment 4 - Debenture Financing For Adopted 2024 Capital Budget - Revised Debt Financing Summary F-2023-38
December 12, 2023
Levy %Levy %
Project Description Principal Term Rate Total
Payment 2024 2025 2024 Levy
Impact
2025 Levy
Impact
FR10-22: Plow Truck Replacement Program 1,636,460$ 10 5.08%212,753$ 212,753$ -$ 0.25%0.00%
P116: Oakes Park Canada Summer Games
Improvements - Swap per F-2023-38 -$ 20 5.45%-$ -$ -$ 0.00%0.00%
C20-20: Lundy's Lane Cemetery Operations
Building (Top-Up) - Swap per F-2023-38 -$ 25 5.46%-$ -$ -$ 0.00%0.00%
C20-20: Lundy's Lane Cemetery Operations
Building Replacement - Swap per F-2023-38 -$ 25 5.46%-$ -$ -$ 0.00%0.00%
Total Approved Debt Issued in 2024 and
Levied in 2025 1,636,460$ 212,753$ 212,753$ -$ 0.25%0.00%
NEW: Montrose/Biggar/Reixinger Reconstruction
(SNH) - Revised per F-2023-36 10,901,294$ 25 5.46%809,515$ -$ 809,515$ 0.00%0.95%
NEW: Additional Montrose Funding 1,500,000$ 25 5.46%111,388$ -$ 111,388$ 0.00%0.13%
F68: Boathouse - Swap per F-2023-38 -$ 25 5.46%-$ -$ -$ 0.00%0.00%
W62-21: Reixinger Road Watermain Loop and
Hospital Servicing 7,500,000$ 25 5.46%556,939$ -$ 556,939$ 0.00%0.66%
TSP50-20: Bridge Street Multi-Modal Hub (Year 2
& 3)821,436$ 20 5.45%68,452$ -$ 68,452$ 0.00%0.08%
Total Approved Debt to be Issued in 2025 20,722,730$ 1,546,294$ -$ 1,546,294$ 0.00%1.82%
R124-20 Drummond Rd - Mcleod Rd south to
Hydro Corridor 1,420,000$ 15 5.54%141,845$ -$ 141,845$ 0.00%0.17%
NEW: Fleet Replacement - Aerial Truck 3,000,000$ 15 5.54%299,672$ -$ 299,672$ 0.00%0.35%
Park Street and Affordable Housing Initiatives 4,300,000$ 20 5.70%365,815$ -$ 365,815$ 0.00%0.43%
2024 Plow Truck Replacement Program 1,280,000$ 10 5.33%168,433$ -$ 168,433$ 0.00%0.20%
Salt Storage Barn Priority Capital Repairs 2,695,000$ 20 5.70%229,273$ -$ 229,273$ 0.00%0.27%
Proposed Debt in 2024 Capital Budget 12,695,000$ 1,205,038$ -$ 1,205,038$ 0.00%1.42%
Total Levy Impact Before Recoveries 35,054,190$ 2,964,085$ 212,753$ 2,751,332$ 0.25%3.24%
Less: Existing Debt Phase In (334,093) 0.00%-0.39%
Less: DC Recovery - (1,597,409) 0.00%-1.88%
Less: Utility Recovery - (22,278) 0.00%-0.03%
Grand Total 212,753 797,552 0.25%0.94%
Total Approved Debt Issued in 2024 and
Levied in 2024 and 2025 1,636,460$ 212,753$ 212,753$ -$ 0.25%0.00%
Less: Existing Debt Phase In - - 0.00%0.00%
Less: DC Recovery - - 0.00%0.00%
Less: Utility Recovery - - 0.00%0.00%
Total 212,753 - 0.25%0.00%
Total Approved Debt to be Issued in 2025 20,722,730$ 1,546,294$ -$ 1,546,294$ 0.00%1.82%
Less: Existing Debt Phase In (68,452) 0.00%-0.08%
Less: DC Recovery - (1,455,564) 0.00%-1.71%
Less: Utility Recovery - (22,278) 0.00%-0.03%
Total - 0 0.00%0.00%
Total Proposed Debt in 2024 Capital Budget 12,695,000$ 1,205,038$ -$ 1,205,038$ 0.00%1.42%
Less: Existing Debt Phase In (265,641) 0.00%-0.31%
Less: DC Recovery - (141,845) 0.00%-0.17%
Less: Utility Recovery - - 0.00%0.00%
Total - 797,552 0.00%0.94%
Proposed Debt in 2024 Capital Budget to be issued in future years (Placeholders Phased In)
2024 Capital Budget - Revised Debt Financing Summary
Levy Year
Approved Debt To Be Issued in 2024 and Levied in 2025
Approved Debt to be Issued in 2025 (Placeholders Phased In)
Page 10 of 11
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$71,295,555
$93,654,745
$106,349,745
5.25%
$7,843,568
6.43%
$9,602,615
7.23%
$10,807,653
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
Current Issued Debt Including Approved
Debt Not Yet Issued
Including Proposed
Debt in 2024
$-
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
$160,000,000
Annual Debt RepaymentGross DebtRevised Annual Repayment Limit (ARL) as of
December 2023
Gross Debt Annual Debt Repayment Legislated ARL Debt Policy ARL
Legislated ARL ($37.4M = 25% of Own Source Revenue)
Policy ARL ($22.4M = 15% of Own Source Revenue)
Attachment 5 - Debenture Financing For Adopted 2024 Capital Budget –
Revised Annual Repayment Limit (ARL)
F-2023-38
December 12, 2023
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FIR-2023-03
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Total Solar Eclipse Update #1 - April 8, 2024
Recommendation(s)
1. That Council receive and file report FIR-2023-03.
Executive Summary
The intent of this report is to provide a general update to Council on the emergency
management planning activities for the April 8, 2024, total solar eclipse. While the
eclipse will present an opportunity for tourism and local businesses, the potential for
historic volumes of visitors and traffic congestion for this once in a lifetime event
requires emergency management planning to ensure that public safety is maintained.
Background
One of nature’s most spectacular and rarest phenomena is coming to Niagara on April
8, 2024. The Niagara region will be one of the few places in Canada that will be in the
path of a total solar eclipse, which will cause near total darkness for four minutes on a
Monday afternoon. These are rare events in which the moon passes in front of the sun
and temporarily blocks its light, turning day into twilight.
The path of totality is a narrow corridor of approximately 100 to 115 km wide in which
the sun appears to be completely covered by the moon for a short period of time.
People who are in the path of totality are able to see features of the sun that are not
normally visible. Proper eye protection is necessary.
Analysis
The Fire Chief as the Community Emergency Management Coordinator (CEMC)
continues to liaise with the region’s emergency management team and local area
municipalities including other emergency services partners related to the total solar
eclipse.
An interim Hazard Identification and Risk Assessment (HIRA) for the City of Niagara
Falls has been completed. This is one of two HIRAs that will be developed for this
event. A final HIRA will be developed closer to the eclipse as more information becomes
known.
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Contingency planning efforts are well underway to mitigate potential disruptions to
critical services.
An Emergency Operations Centre (EOC) model in which the Region can provide a
higher level of support for information management during the eclipse was
offered to the local area municipalities through the Community Emergency
Management Coordinators (CEMCs) to build a more coordinated and unified
approach to managing the potentially Niagara-wide impacts of the eclipse.
A draft regional emergency plan for the eclipse has been developed and is
being reviewed which falls under the overarching Niagara Region
Emergency Response Plan. A copy of this plan will be provided to all local area
municipalities to support the City of Niagara Falls' response plan for the eclipse.
The Niagara Partners Eclipse Working Group continues to meet regularly to coordinate
planning and monitor activities including liaising with the Provincial Working Group for
Emergency Management for the eclipse.
Enhanced training activities have been completed that included all local municipalities
that will address the need for additional courses.
A partial-scale emergency training exercise with eight (8) municipalities who participated
was conducted on October 16, 2023 where our primary Emergency Operation Centre
(EOC) was activated located at Station #7 on Lundy’s Lane. This training exercise
mirrored the actual eclipse timelines that will take place on April 8, 2024, including mock
scenarios that could potentially take place.
Solar eclipse glasses were purchased in bulk which was coordinated by the Niagara
Region. These glasses will be distributed to city staff at a later date.
Operational Implications and Risk Analysis
A significant volume of visitors to Niagara is possible during the eclipse. New
York State Division of Homeland Security and Emergency Services Office of
Emergency Management – Western New York is estimating that 1 million visitors will
visit Western New York for the total solar eclipse. No estimate is available for
southern Ontario at this time. Caution must be used when considering estimated
visitors for eclipses as travel may be spontaneous and difficult to predict.
While the City's Recreation and Culture Department is in the initial stages of planning a
community event and programming, the lack of coordinated planning for special events
region-wide is presenting challenges for emergency planning and contingency planning.
Some activities require basic knowledge of the locations of major events, possible road
closures, and general estimates of the number of attendees.
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There are many unknown variables that make planning challenging such as the
actual number of visitors. We are attempting to mitigate this risk through research and
consultation with jurisdictions that experienced the 2017 eclipse and through scenario-
based planning. However, there is the potential that far larger numbers of people could
visit Niagara resulting in severe disruptions.
This has the potential to be a large-scale event that requires participation from diverse
partners at multiple levels of government and different organizations. The effectiveness
of the response does rely on each partner filling their role and responsibility which is
outside of the City of Niagara Falls' control.
A follow-up report to Council to be submitted closer to the Solar Eclipse to provide
updated co-ordination efforts with the Niagara Region's Emergency Management Team,
local area municipalities as well as our emergency services partners, Niagara Regional
Police Service, Niagara Parks Police and Niagara EMS.
Strategic/Departmental Alignment
The Total Solar Eclipse taking place on April 8, 2024 best aligns with the City's Strategic
Pillar of "Social Sustainability."
Contributor(s)
Community Emergency Management Coordinator, Niagara Region Public Health &
Emergency Services.
Written by:
Jo Zambito, Fire Chief
Submitted by: Status:
Jo Zambito, Fire Chief Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 04 Dec
2023
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L-2023-23
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
Moving Towards an Administrative Monetary Penalties
System (AMPS) for Non-Parking Matters
Recommendation(s)
1. That Council receive this report for information purposes;
2. That Council approve and enact the Non-Parking Administrative Monetary
Penalties By-law attached at Appendix 1 to this Report (hereinafter referred to
as the “Non-Parking AMPS By-law”);
3. That the Designated By-laws referred to in the Schedules of the Non-Parking
AMPS By-law be deemed amended by the Non-Parking AMPS By-law such that
listed violations under those Designated By-laws are subject to the administrative
monetary penalties system as of the effective date of the Non-Parking AMPS By-
law;
4. That the policies, procedures, and agreements in place for the operation of the
parking administrative monetary penalties system be amended and expanded to
include application to the non-parking administrative monetary penalties system;
and
5. That Council delegate authority to the Chief Administrative Officer, the General
Manager of Planning, Building and Development, the Manager of Municipal
Enforcement Services and the City Solicitor and their further delegates as
appropriate to take any step or action necessary to administer the Non-Parking
AMPS By-law.
Executive Summary
In 2017, the Municipal Act, 2001, S.O. 2001, c.25 (“Municipal Act”) was amended to
expand the application of administrative monetary penalties to by-law infractions outside
of parking.
Administrative monetary penalties (“AMPS”) for by-law infractions, by nature, are easier
and faster to process from inception to conclusion compared to prosecution through the
traditional court process. This was the reason for the Municipal Act amendment which
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expanded the availability of AMPS to by-law violations other than parking (therefore,
these are referred to as “non-parking AMPS”).
As part of the City’s strategic planning exercise in 2022, Staff committed to bring
forward AMPS for non-parking matters in 2023.
Legal Services has had the opportunity to assist in preparing the draft by-law for this
matter in-house.
Overall, any costs of managing an AMPS system (such as, for example, internal
administrative costs and costs to retain a hearing officer to adjudicate matters) are far
outweighed by the benefits of not having to prosecute through the court system. AMPS
brings about significant financial advantages and efficiencies. AMPS provides for an
enforcement mechanism that is quicker, more cost-efficient, and managed internally at
the City, in contrast with reliance on the traditional prosecution process, which can take
years from inception to resolution in our already overburdened court system. In addition,
delays in prosecution have been exacerbated by the restrictions placed on hearing
dates and formats due to the COVID-19 pandemic.
penalties the by (namely, AMPS by and brought revenues the addition, In in
administrative fees charged for each specified by-law violation) are also expected to
financially benefit the City and reduce the burden on its tax base.
Background
Initially, AMPS was only available to deal with parking infractions under the Municipal
Act (specifically, Part III). Section 102.1(1) authorizes a municipality to impose an
administrative penalty (or in other words, a fine) if the municipality is satisfied that the
person in question has failed to comply with by-laws related to parking, standing and
stopping of vehicles. The Municipal Act also says that the Provincial Offences Act does
not apply to AMPS by-laws under this section. This means that parking violations do not
proceed through the traditional court system of prosecutions.
Courts have also ruled that parking enforcement does not presumptively engage or
violate Charter rights. The applicable regulation on administrative penalties under this
category is O. Reg. 333/07, amended to O. Reg 149/15 – “Administrative Penalties”.
This legislative separation of parking-related infractions is the reason behind a separate
by-law for parking-related enforcement.
Currently, the City has a system to manage parking-related AMPS. Specifically, the
City, shared a into entered has with regional other along service municipalities,
agreement and a standardized procedure for hearing officers who deal with challenges
to parking penalties.
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All other by-law violations are dealt with in Part XIV of the Municipal Act. In contrast to
the language of the parking section, there are several references in this section to the
Provincial Offences Act. This means that advanced enforcement of these by-laws is
done through the court system.
In 2017, the Municipal Act was amended to expand the availability of AMPS to other
municipal by-laws that fall within Part XIV. Specifically, under Part XIV, Section 434.1(1)
speaks to administrative penalties. It states that a municipality may require a person,
subject to such conditions as the municipality considers appropriate, to pay an
administrative penalty if the municipality is satisfied that the person has failed to comply
with a by-law of the municipality.
The Municipal Act also states that where the AMPS route is chosen for enforcement of
a by-law violation, that same matter shall not proceed through the court system. If a
person is required to pay administrative penalty under this section, that same person
shall not at the same time be charged with an offence.
AMPS managed by the municipality are less time- and resource-consuming to enforce
in comparison with traditional prosecutions. The time from challenging the charge to a
decision or resolution can take months in the AMPS system and by contrast years in the
traditional court system.
Staff propose that the City start by moving some by-laws from traditional prosecution to
AMPS as a starting point. This will enable Staff to monitor and report on the advantages
of making this process change.
Analysis
Relatively Seamless Administrative Expansion
The City has been successfully administering AMPS for parking violations since 2014.
This same system can be expanded to include the management of other by-law
violations. The expansion of the existing system is relatively straightforward to
implement on an administrative level, but will entail incurring some costs to pay a
hearing officer. As will be explained further in this report, any such costs incurred will be
overshadowed by the gains of not having a charge open for several months or some
years while it proceeds through the court system. Managing a penalty through the
AMPS dispute resolution system is also less resource-intensive compared to preparing
and attending as a witness at a court trial.
For the purposes of the City’s first iteration of AMPS for non-parking matters, Staff
proposes that the following by-laws by added to AMPS as a starting point:
Noise Control By-law
Clean Yard By-law
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Vacation Rental Units and Bed and Breakfast Establishments By-law
Under the current system for adjudicating parking AMPS, the City retains hearing
officers on contract for a fixed rate on a per matter basis (subject to adjustments). This
retainer agreement can be amended and modified to add the management of penalties
for the above by-laws. There may be a slight increase in the rate of hiring the hearing
officer per matter. Nonetheless, any such increase in rate is still understood to be a
significant saving for the City when compared to having to deal with the adjudication of
these matters through the traditional court system.
Most other Niagara municipalities that are part of this shared services agreement
already have AMPS in place. Currently, the City pays a shared hearing officer
approximately $750 per year, which entitles the City to decisions on 20 parking-related
disputes. For each additional dispute, the City pays a fee of $50.
These numbers can be slightly increased and a different agreement can be negotiated
so that the hearing officer can also hear non-parking AMPS matters for the City.
Under the City’s expanded AMPS program, the same hearing officer(s) would receive
files from Staff containing all information relevant to a challenged penalty. Where
appropriate and as provided in the proposed non-parking AMPS by-law, these same
hearing officers would hold hearings to receive and consider the submissions of the
party aggrieved by the penalty. Finally, the hearing officers would render a decision that
either (1) confirms the initial penalty and related administrative fees; (2) reduces the
penalty and/or related administrative fees; (3) cancels the penalty and/or related
administrative fees; or (4) extends the time to pay the penalty and/or related
administrative fees.
Anticipated average wait times from questioning a penalty to receiving a decision from
an AMPS hearing officer can range from 3-4 months, compared to over 1 year in the
traditional court system. Even if the anticipated delay in using an internal adjudication
process is a few months long, it is nonetheless much shorter in comparison to the
lengthy delays experienced in the court system.
Process Highlights
How does non-parking AMPS work? In essence, if a by-law officer identifies a by-law
contravention (note that the contravention must be of a by-law that has been designated
to fall under AMPS), the officer will issue a notice of contravention as well as a penalty
notice to the person who contravened the by-law. The penalty can only be issued with
respect to the specific contraventions listed in the by-law schedule, and is limited to the
amounts provided in the same schedule. There are also administrative fees levied on
top of the penalty, similar to what takes place in the prosecution process. These are
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meant to pay towards the City’s administrative costs and disbursements for managing a
by-law violation.
A person charged with a penalty has 15 days to pay the penalty from the date he or she
receives the notice. While most municipalities calculate the 15 days from the date of the
notice, Staff are proposing the more considerate alternative of calculating 15 days from
the date the person actually receives or is deemed to have received the notice.
Usually, the penalty and administrative fee are applied as fixed amounts in relation to a
by-law violation. However, when it comes to the vacation rental unit licensing by-law,
Staff are proposing that the penalty be a relatively high amount and for that penalty to
accrue on a day-by-day basis. For each day that the violation of the by-law continues,
the person charged would be responsible to pay an additional penalty. In this case, Staff
are proposing a penalty of a $1000 per day of continuing violation. Given the prevalence
of illegal vacation rental units in this City, as well as the significant income that offending
owners make from renting illegal units out to the public, Staff is of the view that such a
penalty charge is not punitive and is reasonably necessary in order to achieve
compliance with the by-law. Accordingly, this type of rate and per diem accrual would be
consistent with the objectives of the legislation.
If a person liable to pay a penalty disputes a penalty and/or related administrative fee,
there would be two levels of review available under the City’s proposed process: (1) a
Screening Review, and a (2) Hearing Review.
A request to review a penalty must be made before the payment deadline: i.e., within 15
days of receiving the penalty notice. A person can also request an extension of time if
they are unable to file their request for review within 15 days. The appropriate officer will
review and issue a decision on whether or not an extension of time to apply for a review
is granted. In order to be successful on an extension of timelines application, the person
affected will have to demonstrate to the officer that extenuating circumstances existed
which resulted in the inability to file the request to review within the standard 15 days.
In the next few paragraphs, the word “applicant” is used to describe a person who asks
for an extension of time, a screening review, or a hearing review.
At the Screening Review level, the screening officer (which would be either a City-
engaged external officer or a designated City staff person) will ask the following
questions:
1. Has the applicant established, on a balance of probabilities, that he or she did
not contravene the provision(s) of the by-law at issue?
2. Has the applicant provided clear and sufficient evidence to establish that
cancelling, reducing, or extending the time to pay the penalty at issue, including
any administrative fees attached thereto, is necessary to relieve undue hardship?
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The screening officer will evaluate the evidence presented by the applicant to answer
these questions. Based on the evidence before him or her, the screening officer will
decide whether to confirm, cancel, reduce or extend the time to pay the penalty at issue.
If an applicant is dissatisfied with a screening officer’s decision, the applicant has the
right to ask for a review of that screening decision by a hearing officer (i.e., a Hearing
Review). The applicant has 15 days from receiving the screening decision to ask for
such a hearing. Similar to the screening level, the applicant can also ask for an
extension of time if they are not able to ask for the hearing review in the timeline
provided. Once again, the criteria to be successful on such an application are the
establishment of extenuating circumstances that prevent complying with the deadline,
and the granting of such an extension would be at the discretion of the appropriate
officer.
At the Hearing Review level, the hearing officer (which would be a City-engaged
external officer) will ask the following questions:
1. Has the applicant established, on a balance of probabilities, that he or she did
not contravene the provision(s) of the by-law at issue?
2. Has the applicant provided clear and sufficient evidence to establish that
cancelling, reducing, or extending the time to pay the penalty at issue, including
any administrative fees attached thereto, is necessary to relieve undue hardship?
The hearing officer will evaluate the evidence presented by the applicant to answer
these questions. Based on the evidence, the hearing officer will decide whether to
confirm, cancel, reduce or extend the time to pay the penalty at issue.
If an applicant is dissatisfied with the decision of a hearing officer, it is important to note
that there is no further appeal process from that decision. The legislation makes it so.
This is why it is important for applicants to present all of their evidence and explanations
as carefully and completely as possible when they apply for a screening or hearing
decision.
It is also important to note that where an officer is asked to reconsider both the penalty
and the related administrative fees, a decision on the penalty would not necessarily
impact the administrative fees. Decisions on these matters would all be within the
screening or hearing officer’s discretion. It may be that an officer may cancel or reduce
a penalty but maintain the administrative fees because Staff already expended
resources and incurred costs in order to deal with the by-law violations.
While there is no appeal process, a decision of a hearing officer could be subject to
judicial review. This could translate into an extremely expensive court process for both
the applicant and the municipality. Both parties would have to retain and finance
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lawyers specialized in such matters to represent their interests on a judicial review
application, and face the chance that they would not be able to recover their costs spent
on legal fees. The procedure is also likely to take several months in the court system.
On judicial review, courts tend to give hearing officers under AMPS significant
deference. This means that the chances that a hearing officer’s decision is set aside are
relatively low and reserved for the most exceptional and egregious circumstances.
The proposed non-parking AMPS by-law also clarifies the role of the manager of by-law
enforcement. The manager’s role is to administer the by-law, establish any practices,
policies and procedures necessary to implement the by-law, and prescribe and amend
any forms and notice forms necessary to implement the by-law. By approving the
proposed by-law, Council is therefore already delegating authority to Staff to engage in
these functions to seamlessly administer the by-law and avoid the need of re-attending
to speak to routine administrative changes. If by any chance a penalty or administrative
fee is issued in error, the By-law manager would have the authority to revoke any such
penalty or fee.
If a person served with a penalty notice does not pay the penalty and administrative fee
as set out in the notice or in the screening or hearing decision, regular enforcement
measures under the Municipal Act continue to apply. In particular, unpaid penalties and
related administrative fees get added to the tax roll and can be collected as property
taxes. In addition, where the City has to step in and take remedial action as a result of
ongoing non-compliance, the City can enter the land at any reasonable time, and the
City’s costs of doing so get added to the tax roll and can be collected as property taxes.
This is re-iterated in the schedule that speaks to violations of the City’s clean yard by-
law.
Financial Implications/Budget Impact
While budget was approved to retain an external consultant in order to prepare the non-
parking AMPS by-law, this by-law was in fact prepared using internal resources only,
which has resulted in some budget being available to allocate to other necessary items
for the City.
It is anticipated that the City will incur the costs of paying an external hearing officer in
order to manage the hearings of penalties that are challenged. However, the City will
save significant costs because of not having to participate in traditional court process for
these specified matters. The costs incurred are anticipated to be less than the costs
saved, meaning a net gain for the City.
In addition, the penalties and administrative fees which would be collected through
AMPS would generate revenue for the City and further alleviate the burden on the City’s
tax base and reserves.
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Staff can bring update reports to Council on a periodic basis to advise on how the
AMPS system is working and to report on any gains and efficiencies realized and
lessons learned.
Like any by-law, this proposed by-law is not immune from possible court challenge.
Aggrieved parties have the right under the Municipal Act to challenge a by-law for
reasons such as invalidity, inoperability, unfairness, or bad faith. For example, a party
can argue that the penalty and accrual proposed for illegal vacation rental units is
unduly punitive and unreasonable. The City would in that case have to defend the by-
law in a resulting court proceeding (called an application). The court would have to hear
evidence and argument on the question of whether the penalty at issue would be
considered punitive and whether it is excessive compared to an amount that would be
reasonably required to achieve compliance with the by-law. The City would defend its
position and lead evidence on the prevalence of illegal vacation rental units within its
boundaries, and the high estimated incomes enjoyed by offending owners of such
properties. Potential by-law challenges, while rare, are always a risk.
For now, Staff have to balance the considerations of (1) having a system in place to
start using and benefiting from AMPS; (2) trying to achieve reasonable compliance with
the vacation rental unit by-law which appears to be flagrantly violated by offending
owners; and (3) arriving at language in the proposed by-law that in Staff’s assessment
is clear and reasonable in order to achieve compliance with its by-laws.
For these reasons, Staff is asking for approval of the proposed by-law so that the AMPS
for non-parking matters can finally be established and used at the City.
Strategic/Departmental Alignment
The objectives of this report align with the City’s commitment to financial sustainability
(in particular, introducing systems to reduce administrative costs and generate
additional revenue streams for the City).
Contributor(s)
Kira Dolch
General Manager of Planning, Building & Development
List of Attachments
Appendix 1 - Non-Parking Administrative Monetary Penalties By-law
Written by:
Nidhi Punyarthi, City Solicitor
Submitted by: Status:
Nidhi Punyarthi, City Solicitor Approved
- 04 Dec
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2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 04 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
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THE CITY OF NIAGARA FALLS
By-law 2023-xxxx
A by-law to establish Administrative Penalties (Non-Parking) for By-Law No. 2004-105
(as amended by By-law No. 2005-73, By-law No. 2007-28 and By-law No. 2014-155); By-
Law No. 2007-41; By-Law No. 2001-31 (as amended by By-Law No. 2021-57 and By-law
No. 2021-99).
WHEREAS Section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Municipal
Act”) authorizes a municipality to require a person, subject to such conditions as the
municipality considers appropriate, to pay an administrative penalty if the municipality is
satisfied that the person has failed to comply with a by -law of the municipality passed
under the Municipal Act, in order to assist the municipality in promoting compliance with
its by-laws;
AND WHEREAS the City of Niagara Falls considers it desirable to designate certain by-
laws or parts of such by-laws to which administrative penalties under section 434.1 of the
Municipal Act shall apply;
AND WHEREAS the City of Niagara Falls considers it desirable to amend such
designated by-laws to provide for the application of administrative penalties under section
434.1 of the Municipal Act;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
PART I – SHORT TITLE
1. This By-law may be referred to as the “Administrative Penalties (Non-Parking) By-
law”.
PART II – DEFINITIONS
2. For the purposes of this By-law:
“Administrative Penalty” means a monetary penalty as set out in Schedule “A” to
this By-law for a contravention of a Designated By-law;
“By-law” means this by-law and any schedule to this by-law as they may be
amended from time to time;
“City” means The Corporation of the City of Niagara Falls;
“Council” means the elected Council of the City;
“Decision of a Hearings Officer” means a notice that contains the decision of a
Hearings Officer;
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“Designated By-law” means a by-law or provision of a by-law that is designated
under this or any other by-law to which this By-law applies and is listed in Schedule
“A” attached to this By-law;
“Hearing No Show Fee” means an administrative fee set out in Schedule “B” to
this By-law in respect of a Person’s failure to appear at the time and place
scheduled for a review before a Hearings Officer;
“Hearings Officer” means a person engaged by the City to review a Screening
Decision;
“Holiday” means a Saturday, Sunday, any statutory holiday in the Province of
Ontario or any day the offices for the City are officially closed for business;
“Late Payment Fee” means an administrative fee set out in Schedule “B” to this
By-law in respect of a Person’s failure to pay an Administrative Penalty within the
time prescribed in this By-law;
“Manager” means the Manager of Enforcement Services, or his or her
delegate(s);
“Officer” means each of:
(a) a Municipal Law Enforcement Officer or other person appointed by or
under the authority of a City By-law to enforce a Designated By-law; and
(b) a police officer employed by the Niagara Regional Police Service, the
Ontario Provincial Police and the Royal Canadian Mounted Police.
“Penalty Notice” means a notice containing an Administrative Penalty given to a
Person pursuant to section 5 of this By-law;
“Penalty Notice Date” means the date of the contravention specified on the
Penalty Notice pursuant to subsection 7(b) of this By-law, or the date on which the
Person required to pay is served or deemed served with the Penalty Notice,
whichever is later;
“Penalty Notice Number” means the number specified on the Penalty Notice
pursuant to subsection 7(c) of this By-law;
“Person” includes an individual, corporation, an officer or director of a corporation,
a partnership and an individual partner in a partnership;
“Persons” includes more than one individual, corporation, officer or director of a
corporation, partnership or partner;
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3
“Request for Review By Hearings Officer” means the form attached to the
Screening Decision which may be filed by a Person under section 21 of this By -
law;
“Screening Decision” means a notice which contains the decision of a Screening
Officer;
“Screening No Show Fee” means an administrative fee set out in Schedule “B” to
this By-law in respect of a Person’s failure to appear at the time and place
scheduled for a review by a Screening Officer;
“Screening Officer” means a person engaged by the City to review an
Administrative Penalty; and
“Tax Roll Address” means the mailing address and contact information for the
owner of property that appears in the City’s municipal tax assessment records.
PART III – DESIGNATED BY-LAWS
3. The provisions of this By-law shall apply to any contravention of a Designated By-
law listed in Schedule “A”. Schedule “A” shall set out the short form wording to be
used for the contraventions of Designated By-laws and also set out the
Administrative Penalties imposed for the contraventions.
4. The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended (the “Provincial
Offences Act”), will continue to apply to contraventions of a Designated By -law,
except that no Person that is required to pay an Administrative Penalty under this
By-law in respect of a contravention of a Designated By-law shall be charged with
an offence in respect of the same contravention under the Provincial Offences Act.
PART IV – PENALTY NOTICE
5. Every Person who contravenes a provision of a Designated By -law shall, when
given a Penalty Notice, be liable to pay to the City the Administrative Penalty set
out in the Penalty Notice within fifteen (15) days of the Penalty Notice Date.
6. An Officer who has reason to believe that a Person has contravened a provision
of a Designated By-law may issue a Penalty Notice to that Person.
7. A Penalty Notice shall include the following information:
(a) the name of the Person or Persons;
(b) the Penalty Notice Date;
(c) a Penalty Notice Number;
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(d) the short form contravention wording listed in Schedule “A”, which
describes the particulars of the contravention;
(e) the amount of the Administrative Penalty;
(f) the name and identification number of the Officer;
(g) such information as the Manager determines is appropriate respecting
the process by which the Person may exercise the Person’s right to request
a review of the Administrative Penalty; and
(h) a statement advising that an Administrative Penalty, including any
administrative fees, will, unless cancelled or reduced pursuant to a review,
constitute a debt of the Person to the City.
8. Where a Penalty Notice is issued in respect of a contravention of a Designated By-
law for which the owners of a property are responsible, the Penalty Notice may
name all Persons who are the registered owners of such property, and such
Persons shall be jointly and severally liable to pay the Administrative Penalty on
the Penalty Notice.
9. No Officer may accept payment of an Administrative Penalty.
PART V – SERVICE OF PENALTY NOTICE
10.
(1) Service of any document or notice, including a Penalty Notice, respecting this
By-law may be given in writing in any of the following ways and is effective:
(a) when a copy is delivered personally to the Person to whom it is
addressed;
(b) on the 5th day after a copy is sent by registered mail or by regular letter
mail to the Person’s last known address;
(c) upon the conclusion of the transmission of a copy by facsimile
transmission to the Person’s last known facsimile transmission number; or
(d) upon sending a copy by e-mail transmission to the Person’s last known
e-mail address.
(2) For the purposes of subsections 10(1) (b), (c) and (d), a Person’s last known
address, facsimile number and e-mail address may include an address,
facsimile number and e-mail provided by the Person to the City, including the
Tax Roll Address, information provided in an application for licence made by a
Person under Business Licensing By-law No. 2001-31, as amended, or as may
be required by a form, practice or policy developed under this By -law.
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5
11.
(1) In addition to the service methods in subsection 10(1), an Officer may serve
the Penalty Notice on a Person who is the owner of a property that is in
contravention of a Designated By-Law, by delivering it personally to the Person
having care and control of the property and then sending a copy by registered
mail or regular mail to the Tax Roll Address;
(2) Service of a Penalty Notice under subsection 11(1) is effective on the 5th day
after a copy is sent by registered mail or regular letter mail to the Tax Roll
Address.
PART VI – REVIEW BY A SCREENING OFFICER
12. A Person who is given a Penalty Notice may request that the Administrative
Penalty be reviewed by a Screening Officer and shall do so within fifteen (15) days
after the Penalty Notice Date.
13.
(1) If a Person has not requested a review within the time limit set out in section
12, a Person may request that the Screening Officer extend the time to request
a review within 30 days after the Penalty Notice Date.
(2) A Person’s right to request an extension of time pursuant to subsection 13(1)
expires if it has not been exercised within 30 days after the Penalty Notice Date
at which time:
(a) the Person shall be deemed to have waived the right to request a review;
(b) the Administrative Penalty, including any administrative fees, shall be
deemed to be affirmed on the 16th day after the Penalty Notice Date; and
(c) the Administrative Penalty, including any administrative fees, is not
subject to any further review, including review by any court.
14. A Person’s right to request a review or to request an extension of time to request
a review are exercised by:
(a) calling the telephone number listed on the Penalty Notice, providing the
information required as set out in the Penalty Notice and scheduling the
time and place for the review; or
(b) attending in person at the location listed in the Penalty Notice to provide
the information required in the Penalty Notice and scheduling the time and
place for the review.
15. A review or a request for an extension of time to request a review shall only be
scheduled by the City if the Person has exercised his or her right to request a
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6
review or an extension of time to request a review within the time limits set out in
sections 12 or 13.
16. Where a Person fails to attend at the time and place scheduled for a review:
(a) the Person shall be deemed to have abandoned the request for a review
of the Administrative Penalty;
(b) the Person shall pay to the City a Screening No Show Fee;
(c) the Administrative Penalty, including any administrative fees, shall be
deemed to be affirmed on the date that was scheduled for the review; and
(d) the Administrative Penalty, including any administrative fees, is not
subject to any further review, including review by any court.
17.
(1) For the purposes of subsection 13(1), the Screening Officer may only extend
the time to request a review of an Administrative Penalty where the Person
demonstrates, on a balance of probabilities, the existence of extenuating
circumstances that prevented the Person from exercising the right to request a
review in the timeframe set out in section 12.
(2) Where an extension of time is not granted by the Screening Officer the
Administrative Penalty, including any administrative fees, is deemed to be
affirmed.
18. After a review of the Administrative Penalty has been held, the Screening Officer
shall deliver a Screening Decision to the Person by way of e-mail transmission. In
the event that e-mail transmission is not an option, the Screening Officer may
resort to any of the other service methods provided for in sections 10 and 11.
PART VII – REVIEW BY A HEARINGS OFFICER
19. A person may request a review of a Screening Decision by a Hearings Officer and
shall do so within fifteen (15) days after the Screening Decision was served on the
Person.
20.
(1) If a Person has not requested a review within the time limit set out in section
19, a Person may request that the Hearings Officer extend the time to request
a review within thirty (30) days after the Screening Decision has been delivered
to the Person.
(2) A Person’s right to request an extension of time in subsection 20(1) expires if
it has not been exercised within thirty (30) days after the Screening Decision
has been delivered, at which time:
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(a) the Person shall be deemed to have waived the right to request a
hearing;
(b) the Screening Decision, which includes the Administrative Penalty and
any administrative fees, shall be deemed to be affirmed; and
(c) the Screening Decision, which includes the Administrative Penalty and
any administrative fees, is not subject to any further review, including review
by any court.
21. A Person’s right to request a review of a Screening Decision or to request an
extension of time to request the review are exercised by attending in person or by
representative at the place specified in the Request for Review by Hearings Officer
form and filing a completed form.
22. A review or a request for an extension of time to request a review shall only be
scheduled by the City if the Person has exercised his or her right to request a
review or an extension of time to request a review within the time limits set out in
sections 19 or 20.
23. Where a Person fails to attend at the time and place scheduled for a review by the
Hearings Officer:
(a) the Person shall be deemed to have abandoned the request for a review
of the Screening Decision;
(b) the Person shall pay to the City a Hearing No Show Fee;
(c) the Screening Decision, which includes the Administrative Penalty and
any administration fees, shall be deemed to be affirmed on the day
scheduled for the Hearing; and
(d) the Screening Decision, which includes the Administrative Penalty and
any administration fees, is not subject to any further review, including review
by any court.
24.
(1) For the purposes of section 20, the Hearings Officer may only extend the time
to request a review of a Screening Decision where the Person demonstrates,
on a balance of probabilities, the existence of extenuating circumstances that
prevented the Person from exercising the right to request a review in the
timeframe set out in section 20.
(2) Where an extension of time is not granted by the Hearing Officer, the Screening
Decision, which includes the Administrative Penalty and any administrative
fees, is deemed to be affirmed and shall not be subject to any further review,
including review by any court.
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25. A Hearings Officer shall not make any decision respecting a review of a Screening
Decision unless the Hearings Officer has given the Person and the City an
opportunity to be heard at the time and place scheduled for the hearing of the
review.
26. All hearings conducted by the Hearings Officer shall be in accordance with the
Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as amended.
27. After a hearing is complete the Hearings Officer shall issue to the Person a
Decision of a Hearings Officer by way of e-mail transmission. In the event that e-
mail transmission is not an option, the Hearings Officer may resort to any of the
other service methods provided for in sections 10 and 11.
PART VIII – JURISDICTION OF SCREENING AND HEARINGS OFFICER
28. Neither a Screening Officer nor a Hearings Officer has jurisdiction to consider
questions relating to the validity of a statute, regulation or by -law or the
constitutional applicability or operability of any statute, regulation or by-law.
29. On a review of the Administrative Penalty, the Screening Officer may affirm the
Administrative Penalty, including any administrative fee, or the Screening Officer
may cancel, reduce, or extend the time for payment of the Administrative Penalty,
including any administrative fee, on the following grounds:
(a) where the Person establishes on a balance of probabilities, that he or
she did not contravene the Designated By-law as described in the Penalty
Notice; or
(b) where the Person provides clear and sufficient evidence to establish that
the cancellation, reduction or extension of time for payment of the
Administrative Penalty, including any administrative fees, is necessary to
relieve any undue hardship.
30. On a review of a Screening Decision, the Hearings Officer may affirm the
Screening Decision, or the Hearings Officer may cancel, reduce or extend the time
for payment of the Administrative Penalty, including any administrative fee, on the
following grounds:
(a) where the Person establishes on a balance of probabilities, that he or
she did not contravene the Designated By-law as described in the Penalty
Notice; or
(b) where the Person provides clear and sufficient evidence to establish that
the cancellation, reduction or extension of time for payment of the
Administrative Penalty, including any administrative fee, is necessary to
relieve any undue hardship.
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31. Any decision by a Hearings Officer is final and is not subject to any further review,
including review by any court.
PART IX – ADMINISTRATION OF THE BY-LAW
32.
(1) The Manager shall administer the By-law and establish any practices, policies
and procedures necessary to implement the By-law.
(2) The Manager shall prescribe all forms and notices, including the Penalty
Notice, necessary to implement the By-law and may amend such forms and
notices from time to time as the Manager deems necessary.
33.
(1) The Manager may cancel an Administrative Penalty, including any
administrative fee, where the Penalty Notice was issued to a Person because
an error was made by the City.
(2) The Manager may cancel any administrative fee, without cancelling the
Administrative Penalty, where the fee was imposed as the result of an error
made by the City.
PART X – FINANCIAL ADMINISTRATION
34. The Administrative Penalty is due and payable within fifteen (15) days after the
Penalty Notice Date.
35. A Person who is given a Penalty Notice and who does not pay the amount of the
Administrative Penalty within fifteen (15) days of the Penalty Notice Date shall pay
to the City the Late Payment Fee and any other administrative fees set out in
Schedule “B” to this By-Law which may be applicable.
36. An Administrative Penalty, including any administrative fees, that is deemed
affirmed is automatically affirmed under this By-law and does not require an
exercise of the powers provided to the Screening Officer or the Hearings Officer.
PART XI – CONSEQUENCES OF NON-PAYMENT
37. An Administrative Penalty, including any administrative fees, that is affirmed or
reduced or in respect of which the time for payment has been extended, is due
and payable and constitutes a debt to the City owed by the Person to whom the
Penalty Notice was given.
38. An Administrative Penalty, including any administrative fees, that is not paid within
fifteen (15) days after it becomes due and payable shall be deemed to be unpaid
taxes and may be collected in the same manner as taxes in accordance with
section 434.2 of the Municipal Act.
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PART XII – GENERAL PROVISIONS
39. Where a Screening Officer or Hearings Officer cancels an Administrative Penalty,
it is not necessary that the Screening Officer or Hearings Officer will also cancel
any related administrative fees.
40. Any time limit that would otherwise expire on a Holiday is extended to the next day
that is not a Holiday.
41. Any schedule attached to this By-law forms part of this By-law.
42. Sections 431 and 440 of the Municipal Act, apply to this By-law, providing
respectively, for a court of competent jurisdiction to prohibit the contravention or
repetition of an offence, and, upon application of the City, for a court to make orders
to restrain a contravention, which remedies may be sought in addition to any
remedy or penalty imposed under this By-law.
43. Nothing in this By-law limits the City’s right to enforce a Designated By-law by any
other and all legal means.
PART XIII – EFFECTIVE DATE AND VALIDITY
44. If a court of competent jurisdiction declares any provision, or any part of a
provision, of this By-law to be invalid, or to be of no force and effect, it is the
intention of the Council in enacting this By-law, that each and every other provision
of this By-law authorized by law, be applied and enforced in accordance with its
terms to the extent possible according to law.
45. That the City Clerk is authorized to effect any minor modifications, corrections or
omissions solely of an administrative, numerical, grammatical, semantical or
descriptive nature to this By-law or its schedules after the passage of this By-law.
Read a First, Second and Third time; passed, signed and sealed in open Council
this ___ of _____, 2023.
................................................................................ .....................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
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SCHEDULE “A”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
DESIGNATED BY-LAW PROVISIONS
General Prohibitions and related Administrative Penalties (for all Designated By-
laws):
Failing to comply with an order. $500
Preventing, hindering or obstructing an Officer. $400
Attempting to hinder or obstruct an Officer. $400
Hinder or obstruct any person exercising power or
duty under the Designated By-law.
$400
Attempt to hinder or obstruct any person exercising
power or duty under the Designated By-law.
$400
NOISE CONTROL BY-LAW NO. 2004-105 (as amended by By-law No. 2005-73, By-
law No. 2007-28 and By-law No. 2014-155)
1. For the purpose of PART III of this By-law:
(a) Column 1 in the following table lists the provisions in the Noise Control By -law No.
2004-105, as amended, that are hereby designated for the purposes of section 434.1 of
the Municipal Act;
(b) Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1;
(c) Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
Item Column 1
Designated
Provision
Column 2
Short Form Wording
Column
3
Administ
rative
Penalty
1 Section 2 Cause or permit noise or vibration disturbance that
interferes with peaceful enjoyment.
$300
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2 Section 3,
Schedule 2
1.
Revving of an engine or motor. $300
3 Section 3,
Schedule 2
2.
Operation of a motor vehicle in such a way that the
tires squeal.
$300
4 Section 3,
Schedule 2
3.
Operation of a motor vehicle, engine, motor,
construction equipment or pneumatic device without
an effective exhaust, intake-muffling or other sound
attenuation device, which device is in good working
order and in constant operation.
$300
5 Section 3,
Schedule 2
4.
Operation of a conveyance or a motor vehicle, with or
without a trailer, resulting in banging, clanking,
squealing or other sounds due to improperly-secured
loads or equipment, or inadequate maintenance.
$300
6 Section 3,
Schedule 2
5.
Operation of a motor vehicle horn or other warning
device except where required or authorized by law or
in accordance with good safety practices.
$300
7 Section 4.1,
Schedule 3
1.
Persistent barking, whining, calling or other similar
sound made by any domestic pet or other animal kept
or used for any purpose other than agriculture, at any
time.
$300
8 Section 4.1,
Schedule 3
2.
Persistent yelling, shouting, screaming, whistling,
hooting or singing, at any time.
$300
9 Section 4.1,
Schedule 3
3.
Activation of a security alarm resulting in sound for a
duration in excess of five minutes, at any time.
$300
10 Section 4.1,
Schedule 3
4.
Operation of construction equipment in connection
with construction between 7:00 p.m. one day and
7:00 a.m. the next day, 9:00 a.m. on a Holiday.
$300
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11 Section 4.1,
Schedule 3
5.
Operation of any power device or non-power device
or tool for domestic purposes, except snow blowers,
between 9:00 p.m. one day to 7:00 a.m. the next day,
9:00 a.m. on a Holiday.
$300
12 Section 4.1,
Schedule 3
6.
Operation of solid waste, refuse or recyclable bulk-lift
or refuse-compacting equipment between 9:00 p.m.
one day to 7:00 a.m. the next day, 9:00 a.m. on a
Holiday, excluding the exempted areas as set out in
Schedule 1 of the By-law.
$300
13 Section 4.1,
Schedule 3
7.
Operation of an engine or motor which is used in or is
intended for use in, a toy or a model or replica of any
device, which toy, model or replica has no function
other than amusement and which is not a
conveyance, between 9:00 p.m. one day and 7:00
a.m. the next day, 9:00 a.m. on a Holiday.
$300
14 Section 4.1,
Schedule 3
8.
Vehicle repairs, between 9:00 p.m. one day and 7:00
a.m. the next day, 9:00 a.m. on a Holiday.
$300
15 Section 4.1,
Schedule 3
9.
The loading, unloading, delivering, packing,
unpacking or otherwise handling of any containers,
products or materials between 9:00 p.m. one day to
7:00 a.m. the next day, 9:00 a.m. on a Holiday,
excluding the exempted areas as set out in Schedule
1 of the By-law.
$300
16 Section 4.1,
Schedule 3
10.
The use of any electronic device or group of
connected electronic devices incorporating one or
more loudspeakers or other electro-mechanical
transducers and intended for the production,
reproduction or amplification of sound between 9:00
p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on
a Holiday, excluding the exempted areas as set out
in Schedule 1 of the By-law.
$300
17 Section 4.1,
Schedule 3
11.
The playing of music between 9:00 p.m. one day to
7:00 a.m. the next day, 9:00 a.m. on a Holiday,
excluding the exempted areas as set out in Schedule
1 of the By-law.
$300
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CLEAN YARD BY-LAW NO. 2007- 41
2. For the purpose of PART III of this By-law:
(a) Column 1 in the following table lists the provisions in the Clean Yard By-law No. 2007-
41 that are hereby designated for the purposes of section 434.1 of the Municipal Act;
(b) Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1;
(c) Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1 ;
(d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law,
providing that in the case of a default by a person being directed or required to comply
with the By-law, the City may enter upon the land at any reasonable time and comply with
the By-law at the Person’s expense, add the costs of complying with the By-law and any
unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect
both added amounts from the person in the same manner as property taxes.
Item Column 1
Designated
Provision
Column 2
Short Form Wording
Column 3
Administrative
Penalty
1 Section 2(1) Failure to keep drain in operative state. $250
2 Section 2(2) Failure to alter drain as required. $250
3 Section 3 Throw or deposit refuse on private or public
land.
$250
4 Section 4 Failure to provide sanitary disposal of sewage
and drainage.
$250
5 Section 5(1) Failure to keep land free and clear of refuse. $250
6 Section 5(2) Failure to cover refuse as may be prescribed
by the Manager in writing.
$250
7 Section 6 Storing vehicle for wrecking or dismantling
them, or salvaging parts for sale or other
disposal.
$250
8 Section 7 Parking or storing any vehicles on non-
surfaced parking area.
$250
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9 Section 8 Grass not kept less than 20 cm in height. $250
10 Section
14(2)
Fail to comply with an Order. $500
REGULATE AND LICENSE VACATION RENTAL UNITS AND BED AND BREAKFAST
ESTABLISHMENTS BY-LAW NO. 2001-31 (as amended by By-law No. 2021-57 and
further amended by By-law No. 2021-99)
3. For the purpose of PART III of this By-law:
(a) Column 1 in the following table lists the provisions in the Vacation Rental By -law No.
2001-31, as amended, that are hereby designated for the purposes of section 434.1 of
the Municipal Act;
(b) Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1;
(c) Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
(d) All Administrative Penalty amounts in this section are per diem , meaning that
they are charged once per day of a continuing contravention.
Item Column 1
Designated
Provision
Column 2
Short Form Wording
Column 3
Administrative
Penalty
1 2.3 Own or operate, or permit the operation of a
Vacation Rental Unit without a current valid
licence.
$1000 per diem
2 2.4 Own or operate, or permit the operation of a
Bed and Breakfast Establishment without a
current valid licence.
$1000 per diem
3 2.5 Own or operate a Vacation Rental Unit or a
Bed and Breakfast Establishment other than
in accordance with the terms and conditions
of a licence, the terms and conditions of this
By-law.
$1000 per diem
4 2.6 Advertise, promote, broker, or offer for rent
or lease a Vacation Rental Unit without a
current valid licence.
$1000 per diem
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5 2.7 Advertise, promote, broker, or offer for rent
a Bed and Breakfast Establishment without
a current valid licence.
$1000 per diem
6 2.8 Alter or modify or permit the alteration or
modification of a licence.
$1000 per diem
7 2.9 Use or attempt to use a licence issued to
another Person.
$1000 per diem
8 2.10 Own, operate or carry on any business in
any other name other than in the name that
appears on the licence.
$1000 per diem
9 2.11 Knowingly makes a false statement in an
application, declaration, affidavit or paper
writing required by By-law or the City.
$1000 per diem
10 2.12 Contravene any provision set out in this By-
law, any other municipal by-law, federal or
provincial Act, statute, or any other
legislation applicable to the licensed
premises.
$1000 per diem
+ one-time
charge of all
legal fees and
disbursements
incurred by the
City in any
resulting
prosecution
11 2.13 Remove an order or placard posted on the
premises under this By-law, except an
Officer.
$1000 per diem
12 2.14 Own, operate or carry on any business
while a licence is under an administrative
suspension.
$1000 per diem
13 2.15 Discriminate against any member of the
public in the carrying on, conducting or
operating of a Bed and Breakfast
Establishment or a Vacation Rental Unit on
the basis of race, colour, creed, gender or
sexual orientation.
$1000 per diem
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SCHEDULE “B”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW NON-PARKING
ADMINISTRATIVE FEES
Item
No.
COLUMN 1
Administrative Fee
COLUMN 2
Amount
1 Late Payment Fee $25.00 per month of delay
2 Screening No Show Fee $50.00
3 Hearing No Show Fee $100.00
4 Land Title Searching Fees $55.00
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MW-2023-36
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
Water, Wastewater, Storm Sewer, and Streetlighting Locates
Contract Extension
Recommendation(s)
That Niagara Falls City Council authorize Staff to extend the contract with Ontario Utility
Locates Inc. of Niagara Falls, Ontario for six months for the provision of Public Utility
Locating Services for City-owned water, wastewater, storm sewer and streetlighting
infrastructure as required by Provincial Legislation.
Executive Summary
The existing contract for public locates with Ontario Utility Locates expires on December
31, 2023. In order to maintain continuity of service, and in order to ensure compliance
with the Ontario Underground Infrastructure Notification System Act, Staff are
recommending to extend this contract for a 6 month period. Staff are requesting this
extension in order to evaluate various long-term options for delivery of this important
mandated service.
Background
All utility owners are required to perform public utility locates as part of the Ontario
Underground Infrastructure Notification System Act. This duty is an important City
function that protects the City's infrastructure from damage, and also protects residents,
developers, and contractors from harm when performing excavation of the right-of-way
for improvements (usually) to their property. The City is responsible for locating of
water,
wastewater, storm water, and streetlighting infrastructure when it is present in the right-
of way as requested through the Ontario One-Call procedure.
The Province has additionally enacted Bill 93 in April 2022 that requires locates to be
completed in a timely manner (five days to mark, plus three days to report) and
establishes a method of compensation for excavators when Utilities have not acted in
accordance with the Act. Compensation is set to be in full-effect starting in Spring 2024.
Staff brought report MW-2022-53 to Council in November 2022 requesting approval to
enter the one term contract with Ontario Utility Locates. Services provided by the
vendor have been satisfactory to-date; however, staff do not feel that there has been a
Page 1 of 3
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long enough period in this contract to evaluate options for the next steps as the various
components of Bill 93, namely compensation requirements, are still being phased in.
Analysis
Given that the changes from Bill 93 are only now being felt in the industry, Staff require
additional time to review the preferred method of continuation of service delivery.
Performance (e.g. locate delays, incorrect location) of this service is a major risk to the
Municipality and could result in real financial losses and development delays.
Accordingly, it is recommended that Council authorize staff to extend the existing
contract with Ontario Utility Locates Inc. for a six month term while the impacts from
Bill 93 become more known. During this time Staff will be exploring various possible
alternatives, including:
1. Public tender or request for proposal (RFP) for contract delivery of the service;
2. In-house delivery; or,
3. Dedicated vendor joint delivery / partnership and with NRBN or other public-sector
utility providers.
Ontario Utility Locates Inc. have agreed to hold 2023 prices for the 2024 contract
extension.
Operational Implications and Risk Analysis
It is vital that the City provide continuous service delivery for public utility locates in a
timely and high-quality manner.
Financial Implications/Budget Impact
The budgetary implications of providing public locate services will be reflected in the
respective 2024 operating and utility budget contracted services (040000) sections for
water (15-3-431000), wastewater (16-3-411000), storm water (11-3-421000), and
streetlighting (11-3-351000) based on a historical estimate of One Call requests and
updated unit price projections.
The 2023 budget for contracted locating services was approved at $1,250,000 and has
been requested with an 8% increase for 2024, based on historical locate volume trends
and projected construction and development demands.
Strategic/Departmental Alignment
The recommendations of this report reflect legislative service delivery requirements and
therefore provides no specific strategic/department alignment.
Written by:
Adam Allcock, Manager of Water/Wastewater
Submitted by: Status:
Page 2 of 3
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Erik Nickel, General Manager of Municipal Works Approved
- 30 Nov
2023
Jason Burgess, CAO Approved
- 04 Dec
2023
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PBD-2023-79
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
26CD-11-2023-005
Draft Approval Vacant Land of Condominium
Vacant Land – Dorchester Road (PID-347942)
Roll Number: 272511000102704
Applicant: G & G Developments Inc. (Guy Pellegrino)
Agent: Peter Lesdow
Recommendation(s)
1. That the Draft Plan of Condominium for vacant land located on Dorchester Road,
south of Sunrise Court be draft approved subject to the draft plan conditions in
Appendix A;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council’s decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council; and
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of the
Condominium when all matters are addressed to the satisfaction of the City Solicitor.
Executive Summary
G & G Developments Inc. has applied for approval of a Draft Plan of Vacant Land
Condominium to create 27 townhouse units for individual ownership. Planning Staff
recommends the application for the following reasons:
The development is consistent with Provincial policies, is in conformity with the
City’s Official Plan and complies with the City Zoning By-law 79-200, as
amended, and will be compatible with surrounding development; and,
City, Regional and other agencies interests will be addressed through the
fulfillment of the conditions contained in Appendix A.
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Background
Proposal
G & G Developments has submitted an application to receive Draft Approval for a
Vacant Land of Condominium Plan for vacant land located on Dorchester Road (PID-
347942, roll #: 272511000102704) located south of Sunrise Court, across from Jubilee
Drive, totaling 0.89 hectares in size (see Location Map on Schedule 1). This will permit
the individual ownership of 27 townhouse units (see Draft Plan on Schedule 2) with 43
parking spaces. The private road will be owned in common by the condominium.
The property is zoned Residential Low Density, Group Multiple Dwelling Zone (R4)
Zone in accordance with Zoning By-law No. 79-200 which allows for townhouse
dwellings as amended by Committee of Adjustment Decision (A-2022-048).
During the minor variance stage, the public expressed privacy concerns, the removal of
views, openness with this proposal and increased traffic in the neighbourhood.
A 1.8 m privacy board fence is proposed along the lot line which addresses the privacy
concern. The R4 zone allows for the townhouse development to be built on the vacant
parcel. The requested variances to the front and side yards were minor in nature which
allowed changes to the built form of the buildings. The 2-storey proposal will
complement the neighbourhood with a unique design of different materials for the
exterior of each unit. The City’s Transportation Services had no concern with traffic
generated which would not be that significant as this section of Dorchester Road is a
collector road with a bus route.
Site Conditions and Surrounding Land Uses
The lands currently have trees scattered across the property. The surrounding land
uses include detached dwellings and townhouses to the west, hydro corridor, and
detached dwellings to the east, detached dwellings to the north, and apartment
dwellings to the south.
Circulation Comments
Information regarding the Draft Plan of Condominium was circulated to City divisions,
the Region, agencies, and the public for comments. The following summarizes the
comments received to date:
Transportation Services and Legal Services.
No objections
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Building Services
No objections. Building permits will need to be obtained for the proposed
townhouses. All necessary building permit fees and development charges will be
assessed during building permit application review.
GIS Services
No objections subject to the Conditions in Appendix A. A new address will be
assigned with a legal unit to each townhouse dwelling.
Landscape
No objections subject to the Conditions in Appendix A. An enhanced
architectural treatment for the side elevation of Unit 1, as it faces the
street. A landscape plan will be required and shall have consideration for
enhancing street frontage, improving walkability, winter snow storage, and
reducing heat island effect of hard surface areas. The planting of native
species is preferred. A tree survey plan will be required which conforms to
the City of Niagara Falls Standards. The plan shall be developed by a
certified professional and shall identify and evaluate trees on-site for
potential preservation.
Zoning, Municipal Works, and Fire Services
No objections subject to conditions in Appendix A.
Bell Canada, Enbridge Gas, Hydro One, Canada Post and Niagara Region
No objections subject to the conditions in Appendix A.
Analysis
1. Planning Act, Provincial Policy Statement and Growth Plan
The Planning Act requires City planning decisions to be consistent with the
Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan.
The proposed development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed development is within a settlement area, assists in providing a
range of housing options and in meeting Provincial intensification targets, and
minimizes land consumption and servicing costs.
2. Official Plan
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The subject lands are designated Residential in the City’s Official Plan. The
proposed development conforms as follows:
The proposed townhouse development provides an alternative housing choice
for the neighbourhood, helps meet the intensification target within the urban
boundary and utilizes lands and services efficiently;
The proposed density of 30.3 units per hectare is permitted in the for the subject
lands;
Conditions of Condominium approval will require a tree survey plan and revised
landscape plan; and,
The proposed units are to be three or four bedrooms, and the unit size is
approximately just over 165 sq. m. These units are not expected to be affordable.
The estimated selling price is $675,000.00 to $750,000.00 which is based on the
unit sizes and current square foot construction costs. Legal, realtor, finance,
architect, engineering, development charges and permit fees are added fees
which will add to the cost of the unit and will exceed the affordable housing
benchmark for the City of Niagara Falls. There are affordable housing units within
the neghbourhood that provide options for the residents.
3. Zoning By-law
The plan of condominium will accommodate the intended division of the subject land
into 27 units of land that can be sold separately. The plan includes a private common
road, 16 visitor parking spaces and has one access provided from a public road.
4. Plan of Condominium
In considering a proposed plan of condominium, Council shall have regard to the
planning matters listed under Section 51(24) of the Planning Act. The proposed
development complies as follows:
The proposed development complies with Matters of Provincial Interest, listed
under Section 2 of the Planning Act, and is not premature as servicing is
available and it is located within the Built-up Area;
The proposal conforms to the City’s Official Plan and integrates with adjacent
subdivisions. The land’s configuration is suitable for this development and is
compatible with the surrounding development. Each townhouse will have a
private front and rear yard amenity space;
Page 4 of 18
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Adequate access will be provided from Dorchester Road. The proposed
development can be adequately serviced by municipal services. No lands will be
conveyed for public purposes;
The public and catholic elementary schools are located approximately 700 m
from this development. No comments or concerns were received from the school
boards; and,
Site plan matters such as landscaping, servicing and lighting are addressed
through draft plan conditions that will be cleared prior to the execution of the
condominium agreement that will be registered on title. Works will be secured
through the provision of security that will be held until satisfactorily completed
and certified.
A comprehensive set of conditions addressing City, Regional and agency concerns, are
listed in Appendix A and include the following:
A brief arborist report was summitted for review. A tree savings plan to determine
on-site preservation and trees at the periphery of the site that may be a
candidate for preservation is requested in the conditions. An updated landscape
plan with enhancement of the street frontage and reducing heat island effect of
hard surfaces;
An updated functional servicing and storm water management report. Any
required easements for Bell Services at the cost of the owner;
Notification and placement of Centralized Mailboxes for Canada Post. Proper
installation of the gas piping and meter at the cost of the owner; and,
Confirmation of lot grading and drainage to the satisfaction of Hydro One.
Servicing and Waste Collection for the Niagara Region.
The developer will be required to enter into a condominium agreement with the City.
The agreement will address any necessary works, mitigation measures and warning
clauses.
Operational Implications and Risk Analysis
No operational and risk analysis.
Financial Implications/Budget Impact
The proposed development will generate revenue through property tax revenue for the
City and Development Charges. There are no other financial implications.
Strategic/Departmental Alignment
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The proposed condominium supports the Healthy and Vibrant Community Strategic
Priority by providing additional housing for residents.
List of Attachments
SCHEDULE 1 - Location Map
SCHEDULE 2 - Draft Plan of Condominium
APPENDIX A- Draft Conditions of Approval
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 05 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 05 Dec
2023
Page 6 of 18
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SCHEDULE 1
(Location Map)
N
Page 7 of 18
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SCHEDULE 2
(Draft plan of
Condominium)
Page 8 of 18
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SCHEDULE 3
APPENDIX “A”
Conditions for Draft Plan Approval
1. Approval applies to the Vacant Land of Condominium prepared by The Larocque
Group dated October 17, 2023, showing 27-unit townhouses as well as common
element areas for private road and visitor parking.
2. The Developer shall enter into a condominium agreement with the City, to be
registered on title, to satisfy all requirements, financial and otherwise, related to the
division of the land.
3. The Developer shall submit a Solicitor’s Certificate of Ownership for the condominium
land to the City Solicitor prior to the preparation of the condominium agreement.
4. The Developer shall submit to the City’s Senior Zoning Administrator all necessary
drawings and information, including but not limited to, site, elevation and landscaping
drawings to confirm zoning compliance.
5. The Developer shall submit a correlated unit plan displaying legal unit number to the
civic unit number.
6. The Developer provides an enhanced architectural treatment for the side elevation of
Unit 1, as it faces the street. This includes ample glazing, and high-quality building
materials. If a porch is proposed on the front elevation, then please extend this into a
wrap-around porch to address the street and to increase eyes on the street.
7. The Developer ensures the utility and gas meters are screened from view from public
realm along Dorchester Road.
8. Architectural building elevations that address conditions 6 and 7, shall be submitted to
the City for review and acceptance prior to registration of the vacant land
condominium agreement.
9. The Developer provides a landscape plan which will be required to conform to the City
of Niagara Falls Standards. The landscape plan shall be developed by an Ontario
Landscape Architect. The design of the landscape plan shall have consideration for
enhancing street frontage, improving walkability, winter snow storage, and reducing
heat island effect of hard surface areas. The planting of native species is preferred.
10. The Developer shall overlay the Lighting Photometric Plan onto the Landscape Plan to
confirm that there are no conflicts between locations of proposed light standards and
trees.
11. The Developer is required to verify that the proposed masonry gate entry features are
not located within sight lines/visibility triangles for vehicles entering/exiting the site.
12. The Developer is required to place board on board privacy fencing where it abuts
existing residential uses. The property line to the north includes several existing fence Page 9 of 18
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types of varying heights. For any portions of the abutting property line where a 1.8m
high board on board privacy fence is not present, a fencing plan is required.
13. The Developer is required to show on the landscape plan existing municipal boulevard
(e.g. curbing, sidewalk, etc.)
14. A revised landscape plan that addresses conditions 9 to 13, is prepared by an Ontario
Landscape Architect, shall be submitted to the City for review and acceptance prior to
registration of the vacant land condominium agreement.
15. A tree survey plan will be required which conforms to the City of Niagara Falls
Standards. The plan shall be developed by a certified professional and shall identify
and evaluate all trees on-site for potential preservation. Boundary trees and trees on
adjacent lands (including municipal road allowances) that could be negatively affected
by the proposed development shall be preserved unless consent is provided by
adjacent landowner(s). The recommendations of the tree survey plan shall be
implemented in the proposed design. This includes potential modifications to the
project layout and grading plans.
16. The Developer is required to revise the Arborist’s report d ue to construction activity in
the vicinity of trees #1, 4 and 6, as the root system will be impacted by grading and
excavation activities. The Landscape plan is required to include tree protection
hoarding zones around each tree which will be preserved. A tree protection hoarding
detail is required.
17. The Developer is required to update discrepancies between the Landscape Plan and
the Tree Inventory Plan. Trees #11, 12 and 13 (Pin Oaks) are located at the rear of
the property, where no buildings will be constructed. Please investigate whether these
can be preserved.
18. The Developer is required to clarify that Tree #1 and 2 (located on private lands to the
south) are not shown on the Landscape Plan are to be preserved, Tree #3 is shown
on the development parcel on the Tree Inventory Plan and on private lands on the
Landscape Plan and confirm is if tree #5 (municipal street tree) is proposed to be
removed.
19. The Developer is required to submit a revised tree survey plan and Arborist report that
addresses conditions 15 to 18, prepared by a certified professional, shall be submitted
to the City for review and acceptance prior to registration of the vacant land
condominium agreement.
20. The Developer shall design and construct the roadway within the development in
accordance with City standards.
21. The Developer shall provide a functional servicing report, to the satisfaction of
Engineering staff, and pay the applicable fee for third -party infrastructure modeling for
small scale development to ensure sanitary sewer capacity. Fee to be in accordance
with the latest version of the City’s Schedule of Fees.
22. The Developer shall design and construct all underground services within the Page 10 of 18
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development in accordance with Ministry of the Environment, Conservation, and
Parks, City standards, and the recommendations of the third-party infrastructure
modeling report.
23. The Developer shall design and construct the lot grading in accordance with City
standards.
24. The Devleoper is required to design the lighting which shall be prepared by a
professional Engineer and independently powered and metered.
25. The Developer shall provide to the City a functional servicing report, a stormwater
management report, and all proposed site servicing, grading, sanitary drainage, storm
drainage, sediment control, and photometric plans for review and acceptance prior to
registration of the vacant land condominium agreement.
26. The Developer shall pay the applicable development charges in place at the time of
agreement execution and Building Permit issuance in accordance with the latest
version of the Development Charges By-law and any required fees for administration.
27. The Developer shall pay to the City the required fees for administration.
28. The Developer’s Engineering Consultant shall provide written acceptance that the
works completed conform with the City’s accepted drawings and are in accordance
with Niagara Peninsula Standard Contract Document and City construction
specifications.
29. The Developer shall comply with the shared/combined fire protection and life safety
systems that are considered ‘common element’ and will be the responsibility of the
condominium corporation to maintain in accordance with the requirements of the
Ontario Fire Code. This includes but is not limited to the maintenance of the private
fire hydrants and the fire access route.
30. The Developer shall comply with the requirement of the fire route which is to be
designated under municipal by-law for enforcement. There is a $150.00 fee for this
process and can be initiated at the Fire Prevention Office once the property is
assigned a municipal address. There is to be ‘No Parking’ along the fire route.
The cost of signage as well as the installation of signage that complies with the fire
access route by-law is at the expense and responsibility of the developer/owner
31. The owner acknowledges and agrees to convey any easement(s) as deemed
necessary by Bell Canada to service this new development. The Owner further agrees
and acknowledges to convey such easements at no cost to Bell Canada.
32. The owner agrees that should any conflict arise with existing Bell Canada facilities
where a current and valid easement exists within the subject area, the owner shall be
responsible for the relocation of any such facilities or easements at their own cost.
33. The owner shall complete to the satisfaction of the Director of Engineering of the City of
Niagara Falls and Canada Post: Page 11 of 18
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a) Include on all offers of purchase and sale, a statement that adivses the proposective
purchaser:
i. That the home/business mail delivery will be from a designated Centralized Mail
Box; and,
ii. That the developers/owners be responsible for officially norifying the purchases
of the exact Centralized Mail Box locations prior to the closing of any home sales.
b) The owner further agrees to work with Canada Post to determine and provide
temporary suitable Centralized Mail Box locations which may be utilized by Canada
Post until the curbs, boulevards and sidewalks are in place in the remainder of the
subdivision.
i. install a concrete pad in accordance with the requirements of and in locations to
be approved by Canada Post to facilitate the placement of Community Mail
Boxes,
ii. identify the pads above on the engineering servicing drawings. Said pads are to
be poured at the time of the sidewalk and/or curb installation within each phase of
the plan of subdivision.
iii. determine the location of all centralized mail receiving facilities in co -operation
with Canada Post and to indicate the location of the centralized mail facilities on
appropriate maps, information boards and plans. Maps are also to be prominently
displayed in the sales office(s) showing specific Centralized Mail Facility
locations.
c) Canada Post's multi-unit policy, which requires that the owner/developer provide the
centralized mail facility (front loading lockbox assembly or rear -loading mailroom
[mandatory for 100 units or more]), at their own expense, will be in effect for
buildings and complexes with a common lobby, common indoor or sheltered space.
34. The applicant shall use the Enbridge Gas Get Connected tool to determine gas
availability, service and meter installation details and to ensure all gas piping is
installed prior to the commencement of site landscaping and/or asphalt paving.
(https://enbridge.outsystemsenterprise.com/GetConnected_Th/Login2?OriginalURL=htt
ps%3A%2F%2Fe nbridge.outsystemsenterprise.com%2FGetConnectedApp_UI%2F)
35. If the gas main needs to be relocated as a result of changes in the alignment or grade
of the future road allowances or for temporary gas pipe installations pertaining to
phased construction, all costs are the responsibility of the applicant.
36. In the event that easement(s) are required to service this development, and any future
adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc.
at no cost.
37. Prior to HONI providing its final approval, the developer must make arrangements
satisfactory to HONI for lot grading and drainage. Digital PDF copies of the lot grading Page 12 of 18
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and drainage plans (true scale), showing existing and proposed final grades, must be
submitted to HONI for review and approval. The drawings must identify the
transmission corridor, location of towers within the corridor and any proposed uses
within the transmission corridor. Drainage must be controlled and directed away from
the transmission corridor.
38. Any development in conjunction with the condominium must not block vehicular access
to any HONI facilities located on the transmission corridor. During construction, there
must be no storage of materials or mounding of earth, snow or other debris on the
transmission corridor.
39. At the developer’s expense, temporary fencing must be placed along the transmission
corridor prior to construction, and permanent fencing must be erected along the
common property line after construction is completed.
40. The costs of any relocations or revisions to HONI facilities which are necessary to
accommodate this condominium will be borne by the developer. The developer will be
responsible for restoration of any damage to the transmission corridor or HONI facilities
thereon resulting from construction of the condominium.
41. This letter and the conditions contained therein should in no way be construed as
permission for or an endorsement of proposed location(s) for any road crossing(s)
contemplated for the proposed development. This permission may be specifically
granted by OILC under separate agreement(s). Proposals for any secondary land use
including road crossings on the transmission corridor are processed through the
Provincial Secondary Land Use Program (PSLUP). HONI, as OILC's service provider,
will review detailed engineering plans for such proposals separately, in order to obtain
final approval.
Should approval for a road crossing be granted, the developer shall then make
arrangements satisfactory to OILC and HONI for the dedication and transfer of the
proposed road allowance directly to the City of Niagara Falls
Access to, and road construction on the transmission corridor is not to occur until the
legal transfer(s) of lands or interests are completed.
42. In addition, the following should be conveyed to the developer as a precaution:
The transmission lines abutting the subject lands operate at either 500,000, 230,000 or
115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational Health
and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an
energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15
feet), and for 115 kV conductors it is 3 metres (10 feet). It is the developer’s
responsibility to be aware, and to make all personnel on site aware, that all equipment
and personnel must come no closer than the distance specified in the Act. They should
also be aware that the conductors can raise and lower without warning, depending on
the electrical demand placed on the line.
43. That the following warning clause is included within the Condominium Agreement to
protect for any potential archaeological resources that may be encountered during Page 13 of 18
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construction activities:
“Should deeply buried archaeological remains/resources be found during construction
activities, all activities impacting archaeological resources must cease immediately, and
the proponent must notify the Archaeology Programs Unit of the Ministry of Citizenship
and Multiculturalism (416-212- 8886) and contact a licensed archaeologist to carry out
an archaeological assessment in accordance with the Ontario Heritage Act and the
Standards and Guidelines for Consultant Archaeologists.
In the event that human remains are encountered during construction, all activities
must cease immediately and the local police as well as the Cemeteries Regulation Unit
of the Ministry of Government and Consumer Services (416-326-8800) must be
contacted. In situations where human remains are associated with archaeological
resources, the Ministry of Citizenship and Multiculturalism should also be notified to
ensure that the site is not subject to unlicensed alterations which would be a
contravention of the Ontario Heritage Act.”
44. That the Owner provides a written acknowledgement to Niagara Region Growth
Strategy and Economic Development Department stating that draft approval of this
condominium does not include a commitment of servicing allocation by Niagara Region
as servicing allocation will not be assigned until the plan is registered and that any pre -
servicing will be at the sole risk and responsibility of the owner.
45. That the owner provides a written undertaking to Niagara Region Growth Strategy and
Economic Development Department stating that all Offers and Agreements of
Purchase and Sale or Lease, which may be negotiated prior to registration of this
condominium shall contain a clause indicating that servicing allocation for the
condominium will not be assigned until the plan is registered, and a similar clause be
inserted in the condominium agreement between the Owner and the City.
Regional Waste Collection
46. That the Owner comply with the requirements of Niagara Region’s Corporate Waste
Collection Policy and complete the required Indemnity Agreement and commencement
of collection form prior to Regional waste collection services commencing on -site.
47. That the Condominium Agreement between the Owner and the City of Niagara Falls
contain a provision whereby the owner agrees to include the following warning clauses
within future Purchase and Sale or Lease Agreement:
Purchasers are advised that a properly executed Indemnity Agreement must be
submitted from the private property owner(s) or property management company with
signing authority to Niagara Region in order to maintain waste collection services on
private roadway(s) and/or property(ies).
48. In order to be eligible for internal Regional curbside collection, a revised Site Plan must
be submitted showing the appropriate number of waste collection pads, labelled with
the required unit numbers and pad dimensions.
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49. That the following clause be included in the Condominium Agreement and inserted into
all offers and agreements of Purchase and Sale or Lease for each of the affected
dwelling units:
Purchasers/Tenants of townhouse units 18-22, inclusive, are advised that in order to
accommodate Regional Waste Collection Services, waste and recycling containers will
need to be brought to the designated waste collection pads on the required collection
day.
Private Waste Collection
50. That the owner is advised that the site has opted for Private collection, therefore the
collection will be the requirement of the Owner through a private contractor.
51. That the Condominium Agreement between the Owner and the City of Niagara Falls
contain a provision whereby the owner agrees to include the following warning clauses
within future Purchase and Sale or Lease Agreement:
Purchases/Tenants are advised that the owner opted for private collection therefore
waste/recycling collection of this service will be provided through a private contractor.
Clearance of Conditions
52. Prior to granting final approval, the City of Niagara Falls must be in receipt of written
confirmation that the requirements of each condition have been met satisfactorily and
that all fees have been paid to the satisfaction of Niagara Region.
Condominium Agreement
53. Prior to final approval for registration, a copy of the executed Condominium Agreement
for the proposed development should be submitted to Niagara Region for verification
that the appropriate clauses have been included. Niagara Region recommends that a
copy of the draft agreement be provided in order to allow for the incorporation of any
necessary revisions prior to execution.
Note: Clearance requests shall be submitted to the Region in accordance with the
Memorandum of Understanding, which stipulates that requests for formal clearance
of conditions are to be received and circulated to the Region by the local
municipality. The local municipality is also responsible for circulating a copy of the
draft agreement, and the Region is unable to provide a final clearance letter until the
draft agreement is received. The Region is committed to reviewing submissions
related to individual conditions prior to receiving the formal request for clearance. In
this regard, studies and reports (one hard copy and a PDF digital copy) can be sent
directly to the Region with a copy provided to the local municipality.
- City’s Planning Department for Condition 4
- City’s GIS for Condition 5
- City’s Parks Design Conditions 6 to 19
- City’s Municipal Works for Conditions 20 to 28 Page 15 of 18
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- City’s Fire Comments for Conditions 29 to 30
- Bell Canada for Conditions 31 to 32
- Canada Post for Conditions 33
- Enbridge Gas for Conditions 34 to 36
- Hydro One for Conditions 37 to 42
- Niagara Region for Conditions 43 to 53
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PBD-2023-80
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
26CD-11-2023-006
Draft Plan of Vacant Land Condominium Approval
5500 Marineland Parkway & Abutting Vacant Lands
Applicant: Marina (Thundering Waters) Developments Inc.
Agent: NPG Planning Solutions Inc. (Mary Lou Tanner)
Recommendation(s)
1. That the Draft Plan of Vacant Land Condominium for 5500 Marineland Parkway
and abutting vacant lands be draft approved, subject to the conditions contained
in Appendix A;
2. That the Mayor or designate be authorized to sign the Draft Plan of Vacant Land
Condominium as "approved" 20 days after Notice of Council’s decision has been
given as required by the Planning Act, provided no appeals of the decision have
been lodged;
3. That Draft Plan approval be given for three years, after which approval will lapse
unless an extension is requested by the Owner/Developer and granted by
Council; and,
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement(s) and any required documents to allow for the future registration of
the Condominium(s) when all matters are addressed to the satisfaction of the
City Solicitor.
Executive Summary
NPG Planning Solutions Inc. has submitted a Draft Plan of Vacant Land Condominium
application on behalf of Marina (Thundering Waters) Developments Inc. for two parcels
of land that front onto Marineland Parkway. The proposed application will facilitate the
development of 33 block townhouse dwelling units, 259 stacked townhouse dwelling
units, and common elements.
Staff recommend approval of the application for the following reasons:
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The proposed development is consistent with Provincial, Regional, and City
policies, and will ensure compliance with Zoning By-law No. 79-200, as
amended;
The proposed development will assist with achieving the minimum residential
intensification target, and will accommodate 28 one-bedroom dwelling units that
are considered affordable;
The proposed development will be compatible with surrounding land uses, and
will address the concerns of adjacent industrial operators; and,
City, Regional, and agency interests will be addressed through the satisfaction of
the conditions contained in Appendix A.
Background
Proposal
NPG Planning Solutions Inc. has submitted a Draft Plan of Vacant Land Condominium
application on behalf of Marina (Thundering Waters) Developments Inc. for two parcels
of land that front onto Marineland Parkway. The subject lands, as detailed on Schedule
1, are approximately 3.43 hectares (8.46 acres) in size, exclusive of the lands that are
to be conveyed to the City for right-of-way / road widening purposes.
The proposed application will facilitate the development of 33 block townhouse dwelling
units, 259 stacked townhouse dwelling units, and common elements, including a
parkette, private road, surface and underground parking spaces, landscape areas, and
garbage collection rooms, as detailed on Schedule 2.
The lands were subject to a previous Official Plan and Zoning By-law Amendment
application (File No. AM-2020-018), which was refused by City Council on June 12,
2022. The applicant subsequently appealed the decision of Council to the Ontario Land
Tribunal (Case No. OLT-22-004287). Through the hearing process, a settlement was
reached between the City and the applicant, which resulted in the redesignation and
rezoning of the subject lands on May 30, 2023.
The Official Plan Amendment repealed Special Policy Area 54, placed the lands under
Special Policy Area 82 to permit the proposed built form, and designated the lands as a
Class 4 Area pursuant to the Ministry of the Environment and Climate Change
(MOECC) Noise Guidelines – Stationary and Transportation – Approval and Planning
(NPC-300). The Special Policy Area also contains policies that address matters such as
the dedication of Thundering Waters Boulevard as a municipal right-of-way, the
conditions of Salit Steel and Washington Mills, noise mitigation measures, landscaping,
urban design, and tree compensation / preservation. These policies were captured as
holding provisions in the implementing Zoning By-law.
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The Zoning By-law Amendment introduced site specific Residential Low Density,
Grouped Multiple Dwellings (R4) Zones (R4-1185 and R4-1186) with Holding (H)
Symbols to permit the development of 33 block townhouse dwelling units, 183 stacked
townhouse dwelling units and a parkette on the north side of Thundering Waters
Boulevard, and 76 stacked townhouse dwelling units that can be used as Vacation
Rental Units on the south side of Thundering Waters Boulevard.
Site Conditions and Surrounding Land Uses
The subject lands, which are irregularly shaped and vacant, are bound by Marineland
Parkway to the northeast, the Conrail Drain to the west, and a Hydro Corridor and CP
rail line to the south. The lands arebisected by Thundering Waters Boulevard, which
divides the lands into a northern and southern parcel. Treed areas are predominantly
found on the northern parcel.
Thundering Waters Boulevard is currently a private road, which was established through
an easement created through consent for the purpose of providing a right-of-way for
Thundering Waters Golf Course and the Green Vista Condominium that are located to
the southwest of the subject lands. The 21-year easement is set to expire in 2029.
Heavy industrial operators, including Salit Steel and Washington Mills, are located to the
south of the subject lands. To the west are freehold semi-detached dwellings and an
approved apartment and townhouse condominium development that is under
construction. On the opposite side of Marineland Parkway to the north and east are
vacant lands that are zoned for Tourist Commercial and light industrial uses.
Circulation Comments
Information regarding the Draft Plan of Vacant Land Condominium application was
circulated to City divisions, the Region, and agencies for comment. The following
summarizes the comments received to date:
Building Services, GIS Services & Cogeco
No concerns. Standard comments apply.
Fire Services & Municipal Works (Development Services & Transportation
Services)
No concerns, subject to the satisfaction of Conditions No. 25 to 43 of
Appendix A, respectively.
Hydro One, Bell Canada, Canada Post & Enbridge
No concerns, subject to the satisfaction of Conditions No.44 to 55 of
Appendix A, respectively.
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Niagara Region
Staff do not object to the application from a Provincial and Regional
perspective, subject to the satisfaction of any local requirements and
Conditions No. 56 to 73 of Appendix A.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan (Growth Plan).
The proposed development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed development is located within the Settlement Area and Delineated
Built-up and target intensification minimum with meeting assists Area, the
diversifying the range of housing options available to residents, and encourages
the efficient use of land and infrastructure; and,
The conditions of Draft Plan approval will facilitate the development of the land in
a manner that is compatible with the adjacent industrial uses and maintains
appropriate levels of health and safety
2. Regional Official Plan (2022)
The subject lands are designated Delineated Built-up Area in the Regional Official Plan.
The proposed development conforms as follows:
The proposal will contribute to the City’s minimum residential intensification
target of 50% as set out for the Built-Up Area;
The proposal will contribute to the range and mix of housing types and unit sizes
available to residents; and,
The proposal promotes the efficient use of urban land and infrastructure
3. City’s Official Plan
The subject lands are designated Residential, in part, and Tourist Commercial, in part,
in accordance with the City’s Official Plan. The lands are also located within the McLeod
Road Intensification Corridor, which permits a maximum height and density of 8 storeys
and 150 units per hectare, respectively. The proposed development will facilitate
heights of 2 and 3 storeys, and an overall density of 85 units per hectare.
The lands are also placed under Special Policy Area 82, which designates the lands as
a Class 4 Area pursuant to the Ministry of the Environment and Climate Change
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(MOECC) Noise Guidelines – Stationary and Transportation – Approval and Planning
(NPC-300). The Class 4 Area designation permits higher sound level limits than would
otherwise be permitted. The impact of the higher sound levels will be mitigated by way
of specified noise mitigation measures, as recommended by the Detailed Environmental
Noise and Vibration Report prepared by Jade Acoustics Inc. and dated September 5,
2023. The Special Policy Area also contains policies that address matters such as the
dedication of Thundering Waters Boulevard as a municipal right-of-way, the conditions
of Salit Steel and Washington Mills, landscaping, urban design, and tree compensation /
preservation.
The proposal conforms with the intent of the Official Plan as follows:
The proposal will facilitate the development of block and stacked townhouses in
an area that is identified and suitable for intensification, and at a height and
density that is consistent with the policies of the McLeod Road Intensification
Corridor;
Matters relating to the dedication of Thundering Waters Boulevard as a municipal
right-of-way, the conditions of Salit Steel and Washington Mills, noise mitigation
measures, landscaping, urban design, and tree compensation / preservation will
be addressed through the removal of the Holding (H) Symbols and as conditions
of Draft Plan approval; and,
In accordance with the housing policies in Part 1, Section 4.4 of the Official Plan,
28 of the 48 one-bedroom units will be considered affordable to moderate income
households, having proposed purchase prices of between $353,000 and
$381,500. Further, the 155 two-bedroom units that have proposed purchase
prices of between $506,500 and $606,000 may be considered affordable to
moderate income households if the purchase prices do not exceed $539,460.
4. Zoning By-law No. 79-200
The northern and southern parcels are zoned R4-1185 Zone and R4-1186 Zone,
respectively. The proposed block and stacked townhouse dwellings do not meet all of
the required site specific zoning regulations, specifically as it relates to minimum lot
area, exterior side yard width, and maximum lot coverage for the northern parcel, and
maximum lot coverage and minimum lot area for the southern parcel. The Applicant
notes that the minor departures were caused as a result of the City’s requirement to
dedicate Thundering Waters Boulevard as a municipal right-of-way, and the thickness of
building materials required for noise mitigation purposes.
The Applicant has submitted Minor Variance applications to address the above noted
departures. The applications will be proceeding to the December 19th, 2023 Committee
of Adjustment hearing. Approval of the Minor Variance(s) is required as a condition of
Draft Plan approval (see Condition No. 6 of Appendix A).
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The Holding (H) Symbols that apply to the subject lands address matters relating to the
dedication of Thundering Waters Boulevard as a municipal right-of-way, the conditions
of Salit Steel and Washington Mills, noise mitigation measures, landscaping, urban
design, and tree compensation / preservation. Draft Plan approval Condition No. 9
requires the removal of the Holding Symbols prior to the registration of the
Condominium Agreements (see Appendix A).
5. Condominium Design and Conditions of Approval
The Draft Plan of Vacant Land Condominium (Schedule 2) proposes to divide the
subject lands into 38 “units” of land which can be sold much like lots or blocks in a
typical Plan of Subdivision, for which building permits can then be issued.
Units 1 to 33 (inclusive) are reserved for the development of 33 block townhouse
dwelling units. An Exclusive Use Area is proposed on the driveway and along the rear
yards of the units to provide access to underground services and for maintenance
purposes, respectively. A common elements strip is also proposed at the back of the
units for access and maintenance purposes. Generally, the Draft Plan of Vacant Land
Condominium process eliminates the need for Site Plan Approval. However, the
applicant has elected to include the whole of the lands in their application for Site Plan
approval to ensure that the warning clauses, agreements with Washington Mills and
Salit Steel, and noise mitigation measures will be applied to the subject lands
consistently.
Units 34 to 38 (inclusive), which will contain Blocks 6 to 23 (inclusive), are reserved for
the development of 259 stacked townhouse dwelling units. Each dwelling unit within
those Blocks will be divided through a future Draft Plan of Standard Condominium
approval or an exemption thereto and will be subject to Site Plan Control.
Common elements include a parkette, private road, parking spaces, garbage collection
rooms, and landscaped areas. A total of 436 parking spaces are proposed, which will be
provided by way of surface and underground parking facilities. Access to the
development is proposed via one right-in/right-out driveway from Marineland Parkway
and two full movement access driveways from Thundering Waters Boulevard.
The Owner/Developer will be required to enter into two Condominium Agreements with
the City: one for the northern parcel and one for the southern parcel.
When considering a proposed Draft Plan of Condominium, Council shall have regard for
the planning matters listed under Section 51(24) of the Planning Act. Subject to the
conditions contained in Appendix A, the proposed development complies as follows:
The proposal satisfies matters of Provincial interest as outlined in Section 2 of
the Planning Act and is not considered premature;
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Municipal services are available and capacity will be confirmed through
conditions of Draft Plan approval (see Conditions No. 33 to 35);
The proposal conforms to the City’s Official Plan and will accommodate 28 one-
bedroom units that are considered affordable;
No concerns regarding the adequacy of school sites have been raised by the
school boards. Elementary Schools, including Father Hennepin Catholic
Elementary School, Heximer Aveue Public School, and Notre-Dame-De-La-
Jeunesse Catholic Elementary School are located within 1.4 km to 2.1 km away
from the subject lands. Stamford Collegiate High School is located 3.2 km away;
There are no identified natural heritage / regulated features on the subject lands.
Tree preservation and compensation will be addressed through conditions of
Draft Plan approval (see Conditions No. 10 and 11). A total of 632 trees are
proposed for removal. The applicant is proposing to plant 238 trees on site and
compensation for the remainder of the trees will be collected at a 2:1 ratio;
The subject lands, as configured, are suitable for the proposed development;
The proposal will develop in a manner that is compatible with the nearby
industrial uses and maintains appropriate levels of health and safety;
Adequate access will be provided from Marineland Parkway and Thundering
Waters Boulevard, which is to be dedicated and upgraded as a municipal right-
of-way (see Conditions No. 29 and 31);
Site plan matters such as landscaping, servicing, grading, and lighting will be
addressed through conditions of Draft Plan approval and through the concurrent
Site Plan approval process; and,
Cash-in-lieu of parkland dedication will be collected through a condition of Draft
Plan approval (see Condition No. 13)
Operational Implications and Risk Analysis
There are no operational implications or risk.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and
property tax revenue for the City. Further, compensation for the removal of trees on the
subject lands will occur in accordance with Condition No. 10. There are no other
financial implications.
Strategic/Departmental Alignment
While this proposal does not directly align with the Pillars of the 2023-2027 Strategic
Plan, it does support the achievement of a liveable community.
List of Attachments
Schedule 1
Schedule 2
Appendix A
Written by:
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Mackenzie Ceci, Senior Planner (Current Development)
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 05 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 05 Dec
2023
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Schedule 1
Location Map
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Schedule 2
Draft Plan of Vacant Land Condominium
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Appendix A
Conditions of Draft Plan Approval
1. That the approval applies to the Draft Plan of Vacant Land of Condominium
prepared by J.D. Barnes Limited and dated August 10th, 2023, showing 33 units (1 to
33) for 33 townhouse dwelling units, 5 units (34 to 38) for 259 stacked townhouse
dwelling units, and common elements, including a parkette, private road, surface
and underground parking spaces, landscape areas, and garbage collection rooms.
Legal Services
2. That the Owner enters into Condominium Agreements with the City, to be regis-
tered on title, to satisfy all requirements, financial and otherwise, related to the
development of the land.
3. That the Owner submits a Solicitor’s Certificate of Ownership for the condominium
land to the City Solicitor prior to the preparation of the Condominium Agreements.
Planning and Development Services
4. That the Owner/Developer submits an Urban Design Brief that will clearly idenitfy
how the proposed development will be of a high-quality urban design and incoporate
the mitigation measures that flow from the updated Noise Study required to address
the neighbouring industrial users. The Brief should identify architectural distinctions
between the stacked townhoue blocks including architectural details and colour
palettes so that repetition is avoided;
5. That the Condominium Agreements contain provisions whereby the
Owner/Developer agrees to implement the recommendations of the Urban Design
Brief.
6. That the Owner/Developer obtain Minor Variance approvals from the Committee of
Adjustment to bring the development in compliance with Zoning By-law No. 79-200,
as amended.
7. That the Owner/Developer submits two final Plans of Condominum for review and
approval.
8. That the Owner/Developer submits to the City’s Senior Zoning Administrator all
necessary drawings and information, including but not limited to, site, elevation, and
landscaping drawings to confirm zoning compliance.
9. That the Holding (H) Symbols be removed prior to the registration of the
Condominium Agreements.
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10. That the Condominium Agreements contain provisions regarding the compensation
of trees that are proposed to be removed in accordance with the Tree Inventory and
Preservation Plan Report, prepared by Jackson Arboriculture Inc., and dated May
2022, as amended. Compensation is to be provided at a 2:1 ratio, and trees are to
be provided on site, or in locations approved by the City, of a size and species
specified by the City.
11. That the Owner/Developer implement the recommendations of the Tree Inventory
and Preservation Plan Report, prepared by Jackson Arboriculture Inc., and dated
May 2022, as amended. Recommended tree protection zones shall be illustrated on
all site drawings and site grading/servicing plans.
12. That the Owner/Developer submit a detailed Landscape Plan that conforms to the
City of Niagara Falls Standards for Site Planning, and confirms tree preservation
areas within the parkette based on the Landscape Plan prepared by James
McWilliams, OALA, and dated October 2022. The detailed Plan shall include:
A. All fencing as recommended in the Environmental Noise and Vibration
Report, as amended;
B. Coniferous plantings that screen the waste disposal enclosure at the
south end of the property;
C. Screening and hedging along the east property line; and,
D. Any additional trees, including those within the parkette, that are to be
presereved or determined to be preserved
13. That the Owner/Developer provides cash-in-lieu of parkland dedication at a rate of
5%. An appraisal completed by a recognized licensed professional is required for
parkland dedication valuation.
14. That the Owner/Developer enters into Condominium Agreements to be registered on
title, and that all warning clauses identified in these Conditions be included in any
Purchase and Sale, Lease and Rental Agreements.
15. That any purchaser or tenant be required to review the warning clauses identified in
the Purchase and Sale, Lease and Rental Agreements, and provide a signed
acknowledgement letter indicating that they have read such warning clauses.
16. That the Owner/Developer install central air conditioning units within all residential
units constructed on the subject lands and satisfy any other requirements associated
with a Class 4 Area designation.
17. That the Owner/Developer enter into an agreement with Salit Steel under the
Industrial and Mining Lands Compensation Act for nominal consideration and
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compensation.
18. That the Owner/Developer enter into an agreement with Washington Mills under the
Industrial and Mining Lands Compensation Act for nominal consideration and
compensation.
19. That the Owner/ Developer agrees to include the following warning clause in any
Purchase and Sale, Lease and Rental Agreements:
“Purchasers/tenants are advised that the development site is designated as a
Class 4 Area pursuant to the Ministry of the Environment and Climate Change
(MOECC) Noise Guidelines – Stationary and Transportation – Approval and
Planning (NPC-300).”
20. That the Owner/ Developer agrees to include the following warning clause in any
Purchase and Sale, Lease and Rental Agreements:
“Purchasers/tenants are advised that despite the inclusion of noise control
features in this development area and within the building units, due to the
proximity of the adjcaent commerical and industrial land uses, including but not
limited to Stanley-Zelco Limited (“Salit Steel”) and Washington Mills Electro
Minerals Corp. (“Washington Mills”) and their successor owners, noise from
these operations may at time be audible”.
“Purchasers/tenants are advised that sound levels due to adjacent industries and
commperical developments, including Salit Steel and Washington Mills, are
required to comply with sound level limits that are protetive of indoor areas and
are based on the assumption that windows and exterior doors are closed. This
dwelling unit has been supplied with a ventilation/air conditioning system which
will allow windows and exterior doors to remain closed. The residetnial area of
these lands have been designated Class 4 Area as defined by the Ministry of the
Environment, Conservation and Park Guidelines.”
21. That the Owner/ Developer agrees to include the following warning clause in any
Purchase and Sale, Lease and Rental Agreements:
“The purchaser(s) acknowledges that the vendor has made no representation
regarding the site lines and views from the purchasers’ unit. In addition, the
purchaser(s) are advised that the property to the south overlooks a golf course
and lands used for industrial purposes, including but not limited to Washington
Mills Electro Minerals Corp. and Salit Steel and any successors in interest as the
property exists today and with potential future expansion, as well as other
adjoining landowners may develop or redevelop their propertes which may
impact the site lines and views from the purchasers’ unit and will not object to the
resulting noise, or visual interferences/obstructions.”
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22. That the Owner/ Developer agrees to include the following warning clause in any
Purchase and Sale, Lease and Rental Agreements:
“The Purchaser agrees to accept title subject to the following:
(a) An agreement under the Industrial and Mining Lands Compensation Act,
R.S.O. 1990, c. I.5 with Stanley Zelco Limited (“Salit Steel”) for
compensation for any damage or injust resulting to the property from Salit
Steel’s operations to afford a complete answer to any action that may be
brought against Salit Steel for damages or injunctions, or both, relating to
noise, dust, air emissions or odour from Salit Steel’s operations in the
normal course up to and including Salit Steel’s future full capacity;
(b) An agreement under the Industrial and Mining Lands Compensation Act,
R.S.O. 1990, c. I.5 with Washington Mills Electro Minerals Corporation
(“Washington Mills”) for compensation for any damage or injust resulting
to the property from Washington Mills’ operations to afford a complete
answer to any action that may be brought against Washington Mills for
damages or injunctions, or both, relating to noise, dust, air emissions or
odour from Washington Mills’ operations in the normal course up to and
including Washington Mills’ future full capacity;
(c) Should the purchaser lease or let the condominium unit to any tenant,
occupant and assign, that the purchaser shall obtain an acknowledgement
in writing whereby the tenant, occupant and assign will observe, perform
and be bound by the terms and conditions contained in the Industrial and
Mining Lands Compensation Act, R.S.O. 1990, c. I.5 with Salit Steel;
(d) Should the purchaser lease or let the condominium unit to any tenant,
occupant and assign, that the purchaser shall obtain an acknowledgement
in writing whereby the tenant, occupant and assign will observe, perform
and be bound by the terms and conditions contained in the Industrial and
Mining Lands Compensation Act, R.S.O. 1990, c. I.5 with Washington
Mills; and
(e) That the purchaser acknowledge that these obligations will survive the
closing of the transaction.”
23. That prior to the issuance of building permits, the Owner/Developer agrees to have
the architectural plans reviewed by an acoustical consultant to ensure compliance
with the applicable guidelines.
24. That the Owner/Developer agrees that prior to final ocupancy, the dwellings/units be
inspected by an accoustical consultant to ensure that the required mitigative
measures have been incorporated.
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Fire Services
25. That the building matricies for the underground parking structures be updated to
releft the building classification in accorance with 3.2.2. of the Ontario Building Code.
26. That the Owner/Developer revise the Site Plan to indicate the following:
A. The location of all required ‘No Parking’ signs in accordance with the
City of Niagara Falls By-law No. 2019-97;
B. The Fire Department connections for the underground parking
structures;
C. The location of additional fire hydrants along Thundering Waters
Boulevard and Road A near the intersections of Marineland Parkway;
and,
D. The fire access route extending to the principal entrance of each
dwelling unit or the principal entrance to each building for firefighting.
Blocks 19 to 23 must have the fire route along Thundering Waters
Boulevard.
27. That the Owner/Developer submit a request to the Fire Department to designate
through municipal by-law, a fire access route on the property. The fire access route
shall comply with the requirements of the Ontario Building Code and the necessary
“No Parking” signs shall be provided and installed at the expense of the Owner /
Developer. The fee for the designation is $150.00.
28. That the Owner/Developer acknowledges that the shared/combined fire protection
and life safety systems will be considered ‘common element’ and will be the
responsibility of the Condominium Corporation(s) to maintain in accordance with the
requirements of the Ontario Fire Code.
Municpal Works - Transportation Services
29. That the Owner/Developer conveys Thundering Waters Boulevard to the
municipality as a public road allowance, comprising of a minimum 18.0 m right-of-
way (subject to a minimum 0.5-1.0 m setback from the back of sidewalk).
Municipal Works – Development Services
30. That the submitted plans be revised to eliminate any encroachments into Thundering
Waters Boulevard.
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31. That the Owner/Developer upgrade Thundering Waters Boulevard to Municipal
Standards including, but not limited to, base, asphalt, curb, concrete sidewalk, and
streetlighting improvements.
32. That the Owner/Developer design and construct all roadways within the
development in accordance with City standards.
33. That the Owner/Developer pay the sanitary modeling fee of $1,685.00 that was
incurred and deferred in 2022.
34. That any extensions of the municipal watermain and/or sanitary sewer be designed
and constructed to Municipal Standards.
35. That the Owner/Developer pay the applicable fee for any third-party infrastructure
modeling required to ensure that there is adequate municipal watermain and
sanitary sewer capacities for this large-scale development. Fees to be provided in
accordance with the latest version of the City’s Schedule of Fees.
36. That the Owner/Developer provide proof of all necessary easements and
permissions to cross adjacent lands for private servicing.
37. That all underground services within the development be designed and constructed
in accordance with the requirements of the Ministry of the Environment,
Conservation, and Parks, City standards, and the recommendations of the third-
party infrastructure modeling report(s).
38. That lot grading be designed and constructed in accordance with City standards.
39. That lighting design be prepared by a professional Engineer and lighting be
independently powered and metered.
40. That the Owner/Developer provide a Functional Servicing Report, a Stormwater
Management Report, and all proposed site servicing, grading, sanitary drainage
area, storm drainage area, erosion and sediment control, and photometric plans for
review and acceptance prior to start of construction.
41. That the Owner/Developer pay the applicable development charges in place at the
time of agreement execution and Building Permit issuance in accordance with the
latest version of the Development Charges By-law.
42. That the Owner/Developer pay to the City the required fees in place at the
time of agreement execution for administration in accordance with the latest
version of the City’s Schedule of Fees.
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43. That the Owner’s/Developer’s Engineering Consultant provide written acceptance
that the works completed conform with the City’s accepted drawings and are in
accordance with the Niagara Peninsula Standard Contract Document and City
construction specifications.
Hydro One
44. Any proposed secondary land use on the transmission corridor is processed through
the Provincial Secondary Land Use Program (PSLUP). The Owner/Developer must
contact Alan Liu, Senior Real Estate Coordinator at alan.liu@hydroone.com to
discuss all aspects of the site plan design, ensure all of HONI’s technical
requirements are met to its satisfaction, and acquire the applicable agreements.
45. Prior to HONI providing its final approval, the developer must make arrangements
satisfactory to HONI for lot grading and drainage. Digital PDF copies of the lot
grading and drainage plans (true scale), showing existing and proposed final grades,
must be submitted to HONI for review and approval. The drawings must identify the
transmission corridor, location of towers within the corridor and any proposed uses
within the transmission corridor. Drainage must be controlled and directed away
from the transmission corridor.
46. Any development in conjunction with the Site Plan must not block vehicular access
to any HONI facilities located on the transmission corridor. During construction, there
must be no storage of materials or mounding of earth, snow or other debris on the
transmission corridor.
47. At the expense of the Owner/Developer, temporary fencing must be placed along
the transmission corridor prior to construction, and permanent fencing must be
erected along the common property line after construction is completed.
48. The costs of any relocations or revisions to HONI facilities which are necessary to
accommodate this Site Plan will be borne by the Owner/Developer. The
Owner/Developer will be responsible for restoration of any damage to the
transmission corridor or HONI facilities thereon resulting from construction of the
Site Plan.
Note: HONI requires the following be conveyed to the Owner/Developer as a
precaution: The transmission lines abutting the subject lands operate at either 500,000,
230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the
Occupational Health and Safety Act, require that no object be brought closer than 6
metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors
is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the
responsibility of the Owner/Developer to be aware, and to make all personnel on site
aware, that all equipment and personnel must come no closer than the distance
specified in the Act. They should also be aware that the conductors can raise and lower
without warning, depending on the electrical demand placed on the line.
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Bell Canada
49. The Owner/Developer acknowlegdes and agrees to convey any easement(s) as
deemed necessary by Bell Canada to service this new development. The
Owner/Developer further agrees and acknowledges to convey such easements at no
cost to Bell Canada.
50. The Owner/Developer agrees that should any conflict arise with existing Bell Canada
facilities where a current and valid easement exists within the subject area, the
Owner/Developer shall be responsible for the relocation of any such facilities or
easements at their own cost.
Note: Upon receipt of this comment letter, the Owner/Developer is to provide Bell
Canada with servicing plans/CUP at their earliest convenience to planningand
development@bell.ca to confirm the provision of communication/telecommunication
infrastructure needed to service the development.
Note: It is the resonsibility of the Owner/Developer to provide entrances/service duct(s)
from Bell Canada’s existing network infrastructure to service this development. In the
event that no such network infrastructure exists, in accordance with the Bell Canada
Act, the Owner/Developer may be required to pay for the extension of such network
infrastructure.
Note: If the Owner/Developer elects not to pay for the above noted connection, Bell
Canada may decide not to provide service to this development.
Canada Post
51. That the Owner/Developer shall include in all offers of purchase and sale, a
statement that advises the prospective purchaser:
A. that the home/business mail delivery will be from a designated
Centralized Mail Box; and
B. that the Developers/Owner is responsible for officially notifying the
purchasers of the exact Centralized Mail Box locations prior to the
closing of any home sales.
52. That the Owner/Developer agrees to:
A. work with Canada Post to determine and provide temporary suitable
Centralized Mail Box locations which may be utilized by Canada Post
until the curbs, boulevards and sidewalks are in place in the remainder
of the subdivision/development;
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B. install a concrete pad in accordance with the requirements of and in
locations to be approved by Canada Post to facilitate the placement of
Community Mail Boxes;
C. identify the pads above on the engineering servicing drawings. Said
pads are to be poured at the time of the sidewalk and/or curb installation
within each phase of the plan of subdivision/development; and
D. determine the location of all centralized mail receiving facilities in co-
operation with Canada Post and to indicte the location of the centralized
mail facilities on appropriate maps, information boards, and plans. Maps
are also to be prominently displayed in the sales ofiice(s) showing
specific Centralized Mail Facility locations.
Enbridge Gas Inc.
53. The Owner/Developer shall use the Enbridge Gas Get Connected tool to determine
gas availability, service and meter installation details and to ensure all gas piping is
installed prior to the commencement of site landscaping (including, but not limited to:
tree planing, silva cells, an/or soil trenches) and/or asphalt paving.
54. That the Owner/Developer acknowledges if a gas main needs to be relocated as a
result of changes in the alignment or grade of the future road allowances or for
temporary gas pipe installations pertaining to phased construction, all costs are the
responsibility of the Owner/Developer.
55. That the Owner/Developer acknowledges that in the event that easement(s) are
required to service this development, and any future adjacent developments, the
Owner/Developer will provide the easemen(s) to Enbridge Gas Inc. at no cost.
Niagara Region
56. That an Addendum to the Detailed Environmental Noise and Vibration Report,
prepared by Jade Acoustics (dated September 5, 2023) be provided to Niagara
Region consistent with the peer review comments provided by WSP Canada Inc.
(dated November 13, 2023) and that any additional/updated mitigation arising from
the Addendum be implemented.
57. That the Condominium Agreements contain provisions whereby the
Owner/Developer agrees to implement the recommendations of the Detailed
Environmental Noise and Vibration Report, prepared by Jade Acoustics (dated
September 5, 2023):
i) For Block 5 (all units) and Block 15 – 18 (all units), all exterior windows and
glass exterior doors (or glass inserts) to have a minimum STC 35 rating and
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all exterior walls that have an angle of exposure to the industries are to have
a minimum STC 54 rating;
ii) For Blocks 19-23 (all units), all exterior windows and glass exterior doors (or
glass inserts) to have a minimum STC 35 rating and all exterior walls are to
be constructed of brick veneer or masonry equivalent construction;
iii) For all blocks (units) with exception to the blocks (units) listed in the bullets
above, all exterior windows and glaze exterior doors (or glass inserts) to have
a minimum STC 32 rating;
iv) For Block 5 (all units) and Blocks 15-23 (all units), any Outdoor Living Areas
with direct exposure to the industries must be less than 4 m in depth;
v) The proponent agrees to construct a 3 m high light-duty acoustic fence,
minimum surface density of 10 kg/m2, installed along the south property line
(as shown on Figure 2 of the Study);
vi) The proponent agrees to construct a 1.8 m high light-duty acoustic fence,
minimum surface density of 10 kg/m2, installed along the south and west
property line of Block 5;
vii) The proponent agrees to construct a 1.8 m high frosted glass railing (visual
screen) for Block 15, all south rooftop terraces and for the two west units, the
second floor and third floor south terraces and for Blocks 19-23, all the south
second floor, third floor and rooftop terraces; and,
viii)That prior to installation, the window manufacturers provide proof (STC test
results of window configuration) that their windows and doors meet the
required STC ratings.
58. That the following warning clauses are included in all offers of Purchase and Sale,
Lease and Rental agreements for all units and contained in the Condominium
Agreement:
A. “Purchasers/tenants are advised that despite the inclusion of noise
control features in this development area and within the building units,
noise levels from increasing road and rail traffic may continue to be of
concern, occasionally interfering with some activities of the dwelling
occupants as the noise exposure level may exceed the noise criteria of
the municipality and of the Ministry of the Environment, Conservation
and Parks”.
B. “Purchasers/tenants are advised that this dwelling unit is fitted with a
central air conditioning system in order to permit closing of windows for
noise control. The air cooled condenser unit must be located in
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compliance with NPC-216 for other criteria specified by the municipality
and must not exceed on AHRI sound rating of 7.6 bels”.
C. “Purchasers/tenants are advised that this dwelling is in proximity to
existing commercial and industrial developments and that noise from
these facilities may at times be audible”.
D. “Purchasers/tenants are advised that sound levels due to the adjacent
industries and commercial developments are required to comply with
sound level limits that are protective of indoor areas and are based on
the assumption that windows and exterior doors are closed. This
dwelling unit has been supplied with a central air conditioning system
which will allow windows and exterior doors to remain closed. The
residential area has been designated Class 4 as defined by the Ministry
of the Environment guidelines”.
E. “Warning: Canadian Pacific Railway Company or its assigns or
successors in interest has or have a right-of-way and facilities within 300
m from the land the subject hereof. There may be alterations to or
expansions of the rail facilities as such, right-of-way in the future
including the possibility that the railway or its assigns or successors as
aforesaid may expand its operations, which expansion may affect living
environment of the residents in the vicinity notwithstanding the inclusion
of any noise and vibration attenuating measures in the design of the
development and individual dwelling(s). CP rail will not be responsible
for any complaints or claims arising from use of such facilities and/or
preparations on, over or under the aforesaid facility right-of-way”.
F. “Salit Steel operates a large steel service centre who operations include
saw cutting, plate and plasma burning, rebar fabrication, and shipping
and receiving activities. The facility may operate 24-hours per day,
including weekend operations. Salit Steel will not be responsible for any
complaints or claims arising from their operations. Washington Mills
operates an abrasive grain and specialty electro-fused minerals
manufacturing facility including furnace operations, crushing and
screening and shopping and receiving activities. The facility may operate
24- hours per day, including weekend operations. Washington Mills will
not be responsible for any complaints or claims arising from their
operations”.
59. That the following warning clause is included within the Condominium Agreements
to protect for any potential archaeological resources that may be encountered during
construction activities:
“Should deeply buried archaeological remains/resources be found during
construction activities, all activities impacting archaeological resources must cease
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immediately, and the proponent must notify the Archaeology Programs Unit of the
Ministry of Citizenship and Multiculturalism (416-212-8886) and contact a licensed
archaeologist to carry out an archaeological assessment in accordance with the
Ontario Heritage Act and the Standards and Guidelines for Consultant
Archaeologists.
In the event that human remains are encountered during construction, all activities
must cease immediately and the local police as well as the Cemeteries Regulation
Unit of the Ministry of Government and Consumer Services (416-326-8800) must be
contacted. In situations where human remains are associated with archaeological
resources, the Ministry of Citizenship and Multiculturalism should also be notified to
ensure that the site is not subject to unlicensed alterations which would be a
contravention of the Ontario Heritage Act.”
60. That revisions to the design of the streetscape along Regional Road 49 (Marineland
Parkway) related to the public sidewalk and street trees be provided to Niagara
Region Urban Design staff for review.
61. That the Owner/Developer dedicates to Niagara Region, free and clear of
mortgages, liens and other encumbrances, and agrees to pay for all associated cost
related to an irregular widening along Regional Road 49 (Marineland Parkway).
62. That the Owner/Developer dedicates to Niagara Region, free and clear of
mortgages, liens and other encumbrances, and agrees to pay for all associated cost
related to 10 metre x 10 metre daylighting triangles on either side of the intersection
of Regional Road 49 (Marineland Parkway) and Thundering Waters Boulevard.
63. That the signal redesign request be submitted to the Regional portal.
64. That revised engineering drawings to address transportation engineering comments
and provide designs for the improvements to Marineland Parkway are to be
submitted for review and approval by Regional staff.
65. That the Condominium Agreements contain a clause that prior to any construction
taking place within the Regional road allowance, the owner shall obtain a Regional
Construction Encroachment and/or Entrance Permit. Applications must be made
through the Niagara Region. Road cuts required as part of the development into a
recently reconstructed Regional Road 49 must be “as good as” or “better than”
condition, at the completion of the works and all costs associated with curb cuts and
road replacement will be at the expense of the Owner/Developer.
66. That the Owner/Developer enter into a legal agreement with the Region for all
improvements to Marineland Parkway and the intersection of Thundering Waters
Boulevard and Marineland Parkway.
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67. That the Owner/Developer provides a written acknowledgement to Niagara Region
stating that draft approval of this condominium does not include a commitment of
servicing allocation by Niagara Region as servicing allocation will not be assigned
until the plan is registered and that any pre-servicing will be at the sole risk and
responsibility of the Owner/Developer.
68. That the Owner/Developer provides a written undertaking to Niagara Region stating
that all Offers and Agreements of Purchase and Sale or Lease, which may be
negotiated prior to registration of this condominium shall contain a clause indicating
that servicing allocation for the condominium will not be assigned until the plan is
registered, and a similar clause be inserted in the Condominium Agreements
between the Owner/Developer and the City.
69. That detailed plan and profile engineering drawings be submitted for the watermain
construction within the Regional Road allowance be submitted for review and
approval by Regional staff.
70. That the Owner/Developer submit an updated Stormwater Management Study to
Niagara Region for review and approval.
71. That the Condominium Agreements between the Owner/Developer and the City
contain provisions whereby the Owner/Developer agrees to implement the approved
plan(s) required in accordance with the approved Stormwater Management Plan.
72. That the Condominium Agreements and in all Agreements of Purchase and Sale or
Lease for each dwelling include the following warning clause:
“Purchasers/Tenants are advised that due to the site layout, garbage/recycling
pick-up for the development will be provided by the condominium corporation
through a private contractor and not the Region”.
73. That the Condominium Agreements between the Owner/Developer and the City
contain a provision whereby the Owner/Developer agrees to obtain a certificate from
an Ontario Land Surveyor stating that all existing and new survey evidence is in
place at the completion of the development.
Notes:
Prior to final approval for registration, a copy of the executed Condominium Agreement
for the proposed development should be submitted to Niagara Region for verification
that the appropriate clauses have been included. Niagara Region recommends that
copies of the draft Condominium Agreements be provided in order to allow for the
incorporation of any necessary revisions prior to execution.
Clearance requests shall be submitted to the Region in accordance with the
Memorandum of Understanding, which stipulates that requests for formal clearance of
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conditions are to be received and circulated to the Region by the City of Niagara Falls.
The City of Niagara Falls is also responsible for circulating copies of the draft
Condominium Agreements, and the Region is unable to provide a final clearance letter
until the draft Condominium Agreements are received. The Region is committed to
reviewing submissions related to individual conditions prior to receiving the formal
request for clearance. In this regard, studies and reports (one hard copy and a PDF
digital copy) can be sent directly to the Region with a copy provided to the City of
Niagara Falls.
Prior to granting approval to the final plan, Planning & Development requires written
notice from applicable City Divisions and the following agencies indicating that their
applicable fees have been paid and their respective conditions have been satisfied:
- Legal Services for Condtions No. 2 and 3
- Planning and Development Services for Conditions No. 4 to 24 (inclusive)
- Fire Services for Conditions No. 25 to 28 (inclusive)
- Municipal Works – Transportation Services for Condtion No. 29
- Municpal Works – Development Services for Conditions No. 30 to 43 (inclusive)
- Hydro One for Conditions No. 44 to 48 (inclusive)
- Bell Canada for Conditions No. 49 and 50
- Canada Post for Conditions No. 51 and 52
- Enbridge Gas Inc. for Conditions No. 53 to 55 (inclusive)
- Niagara Region for Conditions No. 56 to 73 (inclusive)
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PBD-2023-81
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
26CD-11-2022-006 – Draft Plan of Vacant Land Condominium
3770 Montrose Road
Applicant: Cassone Dwellings (BT) Inc. (Brandon Rossi)
Recommendation(s)
1. That the Plan of Vacant Land Condominium be draft approved subject to the
conditions in Appendix A;
2. That the Mayor or designate be authorized to sign the draft plan as "approved"
20 days after notice of Council’s decision has been given as required by the
Planning Act, provided no appeals of the decision have been filed with the Clerk;
3. That draft approval be given for three years, after which approval will lapse
unless an extension is requested by the developer and granted by Council; and,
4. That the Mayor and City Clerk be authorized to execute the Vacant Land of
Condominium Agreement and any required documents to allow for the future
registration of the Vacant Land of Condominium when all matters are addressed
to the satisfaction of the City Solicitor.
Executive Summary
Cassone Dwellings (BT) Inc. has submitted an application to develop 5.4 hectares (13.3
acres) of land located at 3770 Montrose Road as a Draft Plan of Vacant Land
Condominium to permit 276 residential dwelling units. A variance was approved by the
Committee of Adjustment in July 2023 to further amend the approved Official Plan
(OPA) and Zoning By-law amendment (ZBA) approved by Council in September 2022.
The Holding required as part of the OPA and ZBA was lifted in was lifted in February
2023. Registering a Draft Plan of Vacant Condominium on the lands will allow the
individual ownership of the proposed dwellings with private roads, parkland, and visitor
parking areas in common ownership.
Planning staff recommends the applications for the following reasons:
The proposed development conforms to Provincial policies and the City’s Official
Plan as it provides a variety of additional housing types, choices, and supply,
meets the density and intensification targets, and is transit supportive within the
Built-up Area;
The proposal meets the required zoning regulations for the subject property; and,
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All technical matters will be addressed through Draft Plan conditions.
The conditions of draft plan approval, which must be satisfied before condominium
registration, are listed in Appendix A. These conditions address servicing, grading,
parkland dedication, easements, and all other matters related to the development of the
vacant land condominium.
Background
Cassone Dwellings (BT) Inc. has submitted an application to develop 5.4 hectares (13.3
acres) of land located at 3770 Montrose Road as a Draft Plan of Vacant Land
Condominium. Refer to Schedule 1 for the location map and Schedule 2 for the
proposed Draft Plan.
Zoning and Plan Official an By-law Council 2022 6, September On approved
amendment for the property to facilitate a 276 unit development with 140 stacked
townhouses, 110 block townhouses, and 26 semi-detached dwelling units. During the
detailed design process, the applicant identified variances required to the approved
Zoning By-law amendment to process the application. On July 25, 2023, the City’s
Committee of Adjustment approved a Minor Variance application (A-2023-014) as
modified by Staff to facilitate the proposal. The variance permitted:
a minimum lot area of 189 square metres per townhouse dwelling unit;
a minimum northern interior side yard width of 33 metres for a townhouse
dwelling unit;
a minimum landscaped open space of 75 square metres per dwelling unit;
a maximum building height of 14 metres;
a minimum interior side yard width for an apartment dwelling equal to half the
building height (7 metres), or 5.5 metres, whichever is greater;
a minimum privacy yard depth of 5.25 metres between Blocks 15 and 16, and
Blocks 17 and 18 on plan “Variance Application” by One Rise Designs, with the
most recent revision dated June 21, 2023;
a 2.5 metre projection of a roofed over porch and deck into a required side yard;
and,
a 2.5 metre projection of a balcony and deck into a required front, rear, or side
yard.
The Plan of Vacant Land Condominium will continue to result in 276 dwelling units with
a different arrangement of units. The proposal now consists of 148 stacked townhouses
across 13 blocks, 110 townhouses, and 18 semi-detached units. The draft plan of vacant
condominium will divide the subject lands into 13 blocks and 148 units of lands to be sold
individually. Plans of standard condominium will be required to split the stacked townhouse
blocks for individual ownership. The proposed development contains private roads,
walkway paths, a parkette, and a 14 metre landscaped setback from the QEW to the
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east to be held in common ownership. The proposal provides 419 parking spaces (1.5
spaces per unit) and a density of 51 units per hectare.
Since the Official Plan and Zoning By-law amendment applications where approved in
September 2022, several plan modifications have occurred. The proposed private
parkette has been relocated from the eastern side of the property between stacked
townhouses to the northern side of the property between semi-detached dwelling units
to facilitate drainage, resulting in 8 less semi-detached units and 8 additional stacked
townhouse units; the north west townhouse block bounded by Streets B, C, D, and F
has been re-oriented; the number of parking spaces has been reduced from 456 (1.64
parking spaces per unit) to 419 parking spaces (1.52 parking spaces per unit); and
stacked townhouses are proposed closer to the northern property line along the eastern
edge of the property.
The stacked townhouses will contain two bedrooms, the townhouses will contain 3
bedrooms with an option for a fourth, and the semi-detached dwellings will have 4
bedrooms. The Planning Justification Report stated the proposal will not be considered
affordable. Their rational states the unit types will create housing options at different
price points in the market, lending to the supply of homes which are traditionally less
expensive than single-detached homes. The applicant has stated they are unable to
provide a price range until a full engineering review has been completed. Planning Staff
have included a condition that the affordability of the unit prices be reported and
reviewed once the engineering submission review has been completed.
Site Conditions and Surrounding Land Uses
The subject lands are currently vacant, having previously been the site of Canadian Tire
and other retail uses. To the north are detached and townhouse dwelling units; to the
east is the QEW; to the south are commercial uses; and to the west is Montrose Road
and detached dwellings. The site is generally flat, and void of any trees.
Circulation Comments
Bell Canada, Canada Post, Enbridge, Fire Services, Urban Design and
Landscape Architect, Ministry of Transportation, Niagara Region, NPEI,
Transportation Services
o No objections, subject to meeting the conditions listed in Appendix A.
o Some conditions require the applicant to make public realm improvements
along Montrose Road, including alternative grading solutions for the
proposed retaining wall.
Building Services, Business Development, Cogeco, DSBN, GIS Services, Hydro
One, Legal Services, OPG, Zoning
o No objections
Municipal Works
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o No objections, subject to meeting the conditions listed in Appendix A.
o Staff note the high proposed retaining wall around the perimeter of the
development. As detail review has not occurred, staff is not clear on why
the wall is required. Although allowed, retaining walls are generally a last
resort. The final lot grading design should look to eliminate the proposed
grading differences.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed
development is consistent and conforms by:
2. Regional Official Plan
The subject land is designated as Delineated Built-Up Area in the Regional Official Plan.
The proposed development conforms by:
Providing a compact development that utilizes existing municipal services;
Providing an alternative form of housing and offer more options in the
neighbourhood to meet the needs of a variety of households, populations, and
income groups;
being transit supportive; and,
assisting in meeting a 50% intensification target in the Built-up Area.
3. City's Official Plan
The subject land is designated Major Commercial and subject to Special Policy Area 83
in the City's Official Plan. The proposed development conforms to the City’s Official Plan
as follows:
It is within the maximum permitted density for the site;
The height and setbacks are consistent and compatible with the existing
community; and,
The proposed development contributes to the City’s annual residential
intensification rate by adding 276 units within the Built-Up Area.
4. Zoning By-law
The property is zoned R4-1187. The proposal meets the required zoning regulations for
the subject lands.
5. Condominium Design and Conditions of Approval
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The proposed vacant land condominium will accommodate the individual division of the
subject land into 276 units, including 148 stacked townhouses across 12 blocks, 110
townhouses, and 18 semi-detached units. The development will contain private roads,
walkway paths, a parkette, and a 14 metre landscaped setback from the QEW to the
east, all held in common ownership.
In considering a proposed plan of condominium, Council shall have regard to the
planning matters listed under Section 51(24) of the Planning Act. The proposed
development complies as follows:
The proposed development complies with matters of Provincial interest, listed
under Section 2 of the Planning Act, and is not premature as servicing is
available and it is located within the Built-up Area;
The proposal conforms with the Region’s and City’s Official Plan and integrates
with adjacent subdivisions by providing adequate setbacks to existing
neighbouring buildings;
The land’s configuration is suitable for development. The proposed semi-
detached and townhouse dwelling units will be provided with front and rear yard
amenity space. The stacked townhouse units have access to an internal parkette
and 14 metre landscaped buffer from the QEW to the east;
Adequate access will be provided from Montrose Road;
The proposed development can be adequately serviced by municipal services
and students may attend neighbourhood schools located approximately 0.5 - 1.0
kilometre from the property;
No lands will be conveyed for public purposes;
Site plan matters such as landscaping, servicing, and lighting will be addressed
through draft plan conditions; and,
Parkland dedication as cash-in-lieu will be dealt with through the draft conditions
of the subdivision as seen in Appendix A.
A comprehensive set of conditions, addressing City, Regional, and agency concerns,
are listed in Appendix A and include the following:
Standard technical and legal matters (i.e. grading plan, servicing plan, etc);
Cash-in-lieu of parkland dedication;
Establishing an easement for vehicle and pedestrian access along
the northern aisle in the plaza;
Public realm improvements along Montrose Road, including alternative grading
solutions for the proposed retaining wall; and,
Amongst other conditions contained in Appendix A.
Operational Implications and Risk Analysis
There are no operation implications and no risk to the City. The future condominium
corporation will be responsible for maintenance of the property.
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Financial Implications/Budget Impact
The proposed development will generate development charge contributions, cash-in-
lieu of parkland, and property tax revenue for the City. There are no other financial
implications.
Strategic/Departmental Alignment
This proposal promotes sustainable growth.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Draft Vacant Land of Condominium
Appendix A - Conditions of Draft Plan of Vacant Land Condominium Approval
Written by:
Alexa Cooper, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 05 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 06 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
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Schedule 1
(Location Map)
SUBJECT
LANDS
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SCHEDULE 2(Draft Plan of Condominium)Page 8 of 16Page 340 of 679
Appendix A
Draft Plan of Vacant Land Condominium Conditions
1. Approval applies to the Draft Plan of Vacant Land Condominium 3770 Montrose
Road prepared by miCAD inc., dated November 17, 2023, showing 13 blocks for
stacked townhouses, 110 townhouse dwellings, 18 semi-detached dwelling units,
private roads, a parkette block, a 14 metre buffer from the Queen Elizabith Way,
walkways, and visitor parking.
Legal Services
2. The Owner enter into a registered Vacant Land Condominium Agreement with the
City to satisfy all requirements, financial and otherwise, related to the development
of the subject land. Note: Should any other body wish to have its conditions
included in the Vacant Land Condominium Agreement, they may be required to
become party to the Vacant Land Condominium Agreement for the purpose of
enforcing such conditions.
3. The Owner submit a Solicitor’s Certificate of Ownership for the Condominium land
to the City Solicitor prior to the preparation of the Vacant Land Condominium
Agreement.
Planning and Development Services
4. The Owner provide a physical and digital copy of the pre-registration plan to
Planning, Building & Development and a letter stating how all the conditions
imposed have been or are to be fulfilled.
5. The Owner submit to the City’s Senior Zoning Administrator all necessary drawings
and information, including but not limited to; site, elevation and landscaping
drawings to confirm zoning compliance.
6. The Owner name the private streets to the City’s satisfaction.
7. The Owner submit a plan that illustrates alternative grading solutions, where
possible, to the proposed 1.8m high retaining wall along the front property line and
construction details of the proposed retaining walls, including the materials, colours
and surface treatments.
8. The Owner submit a landscape plan that details the design of the proposed amenity
areas, a pedestrian plan, and details to the City’s satisfaction.
9. The Owner apply to remove and/or amend all agreements on title as required to
reflect current approvals.
10. The Owner report on the affordability of the unit prices for the proposed units to the
satisfaction of the Planning, Building and Development department for review once
the engineering review has been completed.
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Municipal Works
11. The Owner shall design and construct the roadway within the development in
accordance with City standards.
12. The Owner shall ensure that the existing municipal infrastructure
will adequately service the development as proposed and all underground
services within the development shall be designed and constructed in
accordance with Ministry of the Environment, Conservation, and Parks and City
standards.
13. Lot grading shall be designed and constructed in accordance with
City standards.
14. Lighting designs shall be prepared by a professional Engineer.
Design to be independently powered and metered.
15. The Owner shall provide to the City all proposed site servicing,
grading, stormwater management, sediment control, and photometric plans for
review and acceptance prior to start of construction.
16. The Owner shall pay the applicable development charges in
place at the time of agreement execution and Building Permit issuance in
accordance with the latest version of the Development Charges By -law.
17. The Owner shall pay to the City the required fees for
administration.
18. The Owner’s Engineering Consultant shall provide written
acceptance that the works completed conform with the City’s accepted drawings
and are in accordance with Niagara Peninsula Standard Contract Document and
City construction specifications.
Transportation Services
19. An easement be established for vehicle and pedestrian access along
the northern aisle in the plaza between the secondary access and the traffic lights
at Montrose Road in favour of the residential lands, to the satisfaction of the City.
Fire Services
20. The Owner submit a request to the Fire Prevention Office to designate the
entire fire access route for this property under municipal by-law and pay the
applicable fee. There is to be ‘No Parking’ signs installed along the fire route at the
Owner’s expense and the location of signage must comply with municipal by-law
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2019-97.
21. The shared/combined fire protection and life safety systems will be
considered ‘common element’ and will be the responsibility of the
condominium corporation to maintain in accordance with the requirements of
the Ontario Fire Code.
Bell Canada
22. The Owner acknowledges and agrees to convey any easement(s) as deemed
necessary by Bell Canada to service this new development. The Owner further
agrees and acknowledges to convey such easements at no cost to Bell Canada.
23. The Owner agrees that should any conflict arise with existing Bell Canada facilities
where a current and a valid easement exists within the subject area, the Owner
shall be responsible for the relocation of any such facilities or easements at their
own cost.
Canada Post
24. The Owner shall complete to the satisfaction of Canada Post to include on all offers
of purchase and sale, a statement that advises the prospective purchaser that the
home/business mail delivery will be from a designated Centralized Mail Box (CMB)
and that the Owner be responsible for officially notifying the purchasers of the exact
CMB locations prior to the closing of any home sales.
25. The Owner further agrees to work with Canada Post to:
(a) determine and provide temporary suitable CMB locations which may be
utilized by Canada Post until the curbs, Boulevards and sidewalks are in
place in the remainder of the subdivision,
(b) install a concrete pad in accordance with the requirements of an in locations
to be approved by Canada Post to facilitate the placement of the CMBs;
(c) identify the pads above on the engineering servicing drawings. Said pads
are to be poured at the time of the sidewalk and/or curb installation within
each phase of the plan of subdivision; and,
(d) determine the location of all centralized mail receiving facilities in
cooperation with Canada Post and to indicate the location of the centralized
mail facilities on appropriate maps, information boards and plans. Maps are
also to be prominently display in the sales office(s) showing specific
Centralized Mail Facility locations.
Enbridge Gas Inc.
26. The Owner shall use the Enbridge Gas Get Connected tool to determine gas
availability, service and meter installation details and to ensure all gas piping is
installed prior to the commencement of site landscaping and/or asphalt paving. If
the gas main needs to be relocated as a result of changes in the alignment or
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grade of the future road allowances or for temporary gas pipe installations
pertaining to phase construction, all costs are the responsibility of the applicant.
27. The Owner provide Enbridge Gas Inc. with easements required to service this
development, and any future adjacent developments, at no cost.
Niagara Peninsula Energy Inc.
28. The Owner enters into a hydro servicing agreement with Niagara Peninsula
Energy Inc. The Owner shall be responsible for the cost of relocating any existing
hydro distribution facilities within the development.
Ministry of Transportation
29. The Owner shall submit to the Ministry of Transportation for their review and
approval, a Stormwater Management Report indicating the intended treatment of
the calculated runoff.
30. The Owner shall submit to the Ministry of Transportation for their review and
approval, a Traffic Impact Study to assess the impacts to the QEW and identify
any related highway improvements.
31. The Owner shall submit to the Ministry of Transportation for their review and
approval, detailed Grading, Servicing, Survey and Internal Road Construction
plans.
32. The Owner shall submit to the Ministry of Transportation for their review and
approval, a detailed Lighting Plan.
33. The Owner shall enter into a Legal Agreement with the Ministry of Transportation
whereby the Owner agrees to assume financial responsibility for the construction
of all necessary associated highway improvements.
Notes:
• Stormwater Management Reports must adhere to accepted ministry
policies/standards and must be signed and stamped by the Drainage Engineer.
• Traffic Impact Studies must adhere to accepted Ministry practices/standards and
must encompass the full build-out of the entire development (e.g. all phases, if
any).
• Any proposed access must adhere to the ministry’s highway access policy.
• Any identified highway improvements will require the owner agrees to assume
100% financial responsibility for all necessary associated highway improvements.
• Please contact Neave Constantine (437-688-2943 or
neave.constantine@ontario.ca) for all Ministry conditions of approval, including but
not limited to the submission and approval of all required reports, plans and
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agreements. The Ministry does not clear individual conditions. The Ministry issues
a single “Clearance Letter” once all plan conditions have been addressed to their
satisfaction. All Ministry submissions should be provided in electronic form.
• Ministry Building and Land Use permits will be required for individual building lots
within 800m from all ministry property limits. Ministry permits are required prior to
any on site grading being undertaken. Sign permits are required for signing within
400m of the QEW. Permit inquiries can be directed to Mr. Siavash Amirpour,
Corridor Management Office, at (647) 530-4027 or siavash.amirpour@ontario.ca.
Regional Municipality of Niagara
34. That the condominium agreement includes a clause requiring the Owner to
implement the recommendations of the Environmental Noise Assessment
prepared by YCA Engineering Ltd. (dated December 2022), including the
installation of central air conditioning, provision for the future installation of air
conditioning, and upgraded windows for specified units, acoustic barrier, and
applicable warning clauses. The location, installation and sound ratings of the
outdoor air conditioning devices shall comply with criteria of NPC-300.
35. That the condominium agreement includes a clause requiring the Owner to have
the acoustical analysis reviewed following the final architectural drawings and
grading plans (and prior to the building permit being issued) to confirm compliance
with NPC-300 guidelines.
36. That the condominium agreement includes a clause requiring an inspection of all
installed equipment be undertake by a qualified acoustical engineer prior to final
occupancy to confirm compliance with NPC-300 guidelines.
37. That a Phase Two Environmental Site Assessment (ESA) prepared by a Qualified
Person (QP) in accordance with the Environmental Protection Act and Ontario
Regulation 153/04, as amended, be submitted to the satisfaction of Niagara
Region. A reliance letter from a QP shall be submitted to Niagara Region to
indicate that, despite any limitations or qualifications included in the above
submitted reports/documents, the Region is authorized to rely on all information
and opinions provided in the reports submitted.
38. That prior to approval of the final plan or any on-site grading, the Owner shall
submit a detailed stormwater management plan for the condominium and the
following plans designed and sealed by a qualified professional engineer in
accordance with the Ministry of the Environment documents entitled Stormwater
Management Planning and Design Manual, March 2003 and Stormwater Quality
Guidelines for New Development, May 1991, or their successors to the Niagara
Region for review and approval:
(a) Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be
accommodated across the site.
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(b) Detailed erosion and sedimentation control plans.
39. That the condominium agreement between the Owner and the City contain
provisions whereby the Owner agrees to implement the approved plan(s) required
in accordance with the condition above.
40. That prior to final approval for registration of this plan of condominium, the Owner
shall submit engineering drawings showing all servicing crossings of the Regional
Storm main, as well as plan and profile drawings for the storm sewer for review
and approval by the Region.
41. That the Landscape Plan be revised to show the sidewalk along Montrose Road
as per the engineering drawings and street trees along Montrose Road planted
within the public realm. If there is no room in the public realm, street trees should
be planted within the private realm.
42. That the Owner submit an updated plan detailing the extent of the proposed
retaining wall to be located entirely on private property and its thickness, including
the proposed grading.
43. That the Owner submit an updated cross section of the proposed retaining wall.
44. That the Owner provides a written acknowledgement to Niagara Region Growth
Strategy and Economic Development Department stating that draft approval of
this subdivision does not include a commitment of servicing allocation by Niagara
Region as servicing allocation will not be assigned until the plan is registered and
that any pre-servicing will be at the sole risk and responsibility of the Owner.
45. That the Owner provides a written undertaking to Niagara Region Growth Strategy
and Economic Development Department stating that all Offers and Agreements of
Purchase and Sale or Lease, which may be negotiated prior to registration of this
condominium shall contain a clause indicating that servicing allocation for the
subdivision will not be assigned until the plan is registered, and a similar clause be
inserted in the subdivision agreement between the Owner and the City.
46. That the condominium/site plan agreement between the Owner and the
municipality contain a provision whereby the Owner agrees to obtain a certificate
from an Ontario Land Surveyor stating that all existing and new survey evidence is
in place at the completion of the development.
47. That the Owner complies with the requirements of Niagara Region’s Corporate
Waste Collection Policy and complete the required Indemnity Agreement and
commencement of collection form prior to Regional waste collection services
commencing on-site.
48. That the Condominium/Site Plan Agreement between the Owner and the City of
Niagara Falls contain a provision whereby the Owner agrees to include the
following warning clauses within future Purchase and Sale or Lease Agreement:
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(a) Owners/Purchasers/Tenants are advised that the adjacent roadways carry
significant amounts of traffic and the Montrose Road and Thorold Stone
Road intersection currently functions at a low service level during peak
traffic times.
(b) Purchasers are advised that a properly executed Indemnity Agreement
must be submitted from the private property Owner(s) or property
management company with signing authority to Niagara Region in order to
maintain waste collection services on private roadway(s) and/or
property(ies).
(c) That the condominium/site plan agreement between the Owner and the
municipality contain a provision whereby the Owner agrees to obtain a
certificate from an Ontario Land Surveyor stating that all existing and new
survey evidence is in place at the completion of the development.
Notes:
• Prior to granting final plan approval, the City must be in receipt of written
confirmation that the requirements of each condition have been met and all fees
have been paid to the satisfaction of the Niagara Region.
• Prior to final approval for registration, a copy of the draft condominium agreement
for the proposed development should be submitted to the Niagara Region for
verification that the appropriate clause pertaining to these conditions have been
included. A copy of the executed agreement shall also be provided prior to
registration.
• In order to request clearance of the above noted Regional conditions, a letter
outlining how the conditions have been satisfied, together with all studies and reports
(one hard copy and a PDF digital copy), the applicable review fee, and the draft
condominium agreement shall be circulated to the Niagara Region as one complete
package by the City of Niagara Falls in accordance with the Memorandum of
Understanding (MOU). Any revisions to the draft condominium agreement are to
reflect the clearance process in the MOU.
Clearance of Conditions
Prior to granting approval to the final plan, Planning, Building & Development requires
written notice from applicable City Divisions and the following agencies indicating that
their respective conditions have been satisfied:
• Legal Services for Conditions 2 and 3
• Planning and Development Services for Conditions 4 to 7 inclusive
• Municipal Works for Condition 8 to 15 inclusive
• Transportation Services for Condition 16
• Fire Services for Condition 17 and 18
• Bell Canada for Conditions 19 and 20
• Canada Post for Conditions 21 and 22
• Enbridge Gas Inc. for Conditions 23 and 24
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• Niagara Peninsula Energy Inc. for Condition 25
• Ministry of Transportation for Conditions 27 to 31 inclusive
• Regional Municipality of Niagara for Conditions 32 to 46 inclusive
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F-2023-35
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Approval of Interim 2024 Spending Limits
Recommendation(s)
That, in the absence of an adopted 2024 Tax Levy Supported Operating Budget, City
Council approves that City departments be allowed to incur costs to a level of 50% of
the departments’ expenditure budget of the prior year.
Executive Summary
Spending authority is delegated to staff by Council through the approval of the annual
budgets. Interim spending authority provides staff with similar authority within approved
limits during the year up to the date of passage of said budget.
Background
Staff’s authority to make payments to staff and suppliers is derived from an approved
annual budget. Preparation of the 2024 Tax Levy Supported Operating Budget is
underway, the 2024 Water/Wastewater budget being presented tonight, the 2024
Parking Budget and the 2024 Capital Budget, was presented to Council on November
28, 2023 and deemed adopted as of that date. As a result, staff requests that Council
approve interim spending limits for 2024 until the remaining budgets are approved. The
Municipal Act, 2001 provides Council with the opportunity to authorize staff to operate
and remit payments for expenditures incurred prior to the approval of a 2024 budget.
This authority is required for the City to maintain its operations until the final budgets are
approved.
Preparation of the 2024 budget has started but will not be approved until the new year.
All departments should be able to operate with an interim spending approval of
approximately 50% of the 2023 budget. If Council approval of the budget is not
achieved by the end of May, 2024, a further report with an amended interim spending
authority will be submitted.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources and by making sound long-term
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choices that allow core City programs and services to be sustainable now and
into the future.
2. To be efficient and effective in our delivery of municipal services and use of
resources and accountable to our citizens and stakeholders.
Written by:
Tiffany Clark, Director of Finance
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 02 Dec
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 04 Dec
2023
Jason Burgess, CAO Approved
- 04 Dec
2023
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HR-2023-03
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Non-Union By-law
Recommendation(s)
That Council approve the amendments to the By-law respecting sick leave, pensions
and other benefits for non-union employees.
Executive Summary
As a result of the recent ratification of the 2023-2026 Collective Agreement between the
City of Niagara Falls and the Canadian Union of Public Employees (Local 133) and a
review of the terms and conditions provided to non-union employees with our municipal
and regional comparators, the following highlighted changes to the By-law are
recommended effective January 1, 2024.
Eye wear $500 per person every two years
Eye exam $100 per person every two years
Adding one (1) floater day in recognition of National Day of Truth and
Reconciliation
Premium pay for Shift Supervisor of $1.00 per hour
Background
Historically, the non-union terms and working conditions are reviewed following the
ratification of the Collective Agreement with CUPE (Local 133). To continue to attract
and retain top talent, we need to ensure we have competitive total compensation
packages for our Non-Union employees. A recent review was conducted for benefits
and vacation/floater days with comparators across the province and Region of Niagara.
The proposed enhancements are consistent and inline with our comparators.
Financial Implications/Budget Impact
The impact of the benefit enhancements will account for $11,516 in the 2024
operational budget. With respect to the additional floater day (National Day for Truth
and Reconciliation), this has been coming out of the operational budget since the
legislation was introduced in 2020. This change in the bylaw is simply to reflect that all
City staff (including Non-Union) receive this entitlement.
Strategic/Departmental Alignment
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These changes are fair and reasonable based on our comparators and consistent with
the Corporation’s strategic priorities.
List of Attachments
NU By-Law 2023-116 (Council Mtg Dec 12, 2023) FINAL
Written by:
Jason MacLean, Manager of Client Services
Jason Burgess, CAO
Submitted by: Status:
Trent Dark, Director of HR Approved
- 06 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
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Final Version: Nov 23, 2023 Page 1 of 5
CITY OF NIAGARA FALLS
By-law No. 2023 - 116
A By-law respecting sick leave, pensions and other benefits for employees.
WHEREAS the collective agreements entered into with bargaining agents on behalf of certain
employees of the City of Niagara Falls make provisions for sick leave, pensions and other
benefits; and
WHEREAS it is deemed expedient to pass a By-law to prescribe the sick leave, pensions and
certain other benefits for employees of the City who are not covered by a collective agreement;
and
WHEREAS to facilitate better work-life balance and wellness, employees are encouraged to
utilize annual vacation time entitlements, whenever possible; and
WHEREAS it is understood, however, that due to operational concerns, workload pressures and
personal circumstances, that utilizing vacation time entitlements may not always be possible.
WHEREAS all approved changes by Council will be effective on ratification of this by-law
notwithstanding the changes to the vacation schedule will be effective June 1, 2020.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law
(a) “Corporation” means The Corporation of the City of Niagara Falls;
(b) “Employee” means all permanent full-time employees of the Corporation who are
directly under the control of the Council of the Corporation exclusive of the
employee to whom a collective agreement with any bargaining agent or agency
applies.
2. SHORT TERM DISABILITY
(a) Short Term Disability means the period of time an employee is permitted to be
absent from work with pay by virtue of being sick, quarantined because of
exposure to contagious disease, or because of an accident for which
compensation is not payable under the Workplace Safety and Insurance Act.
Such an employee may be required to supply medical certification for such
absence, certifying that the employee is unable to report to work.
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Final Version: Nov 23, 2023 Page 2 of 5
(b) Sick leave shall not be available to a new employee until they have completed a
three (3) month waiting period.
(c) An employee shall be entitled to Short Term Disability coverage in accordance
with Human Resources Policy Number 400.12.
3. PENSIONS
The Corporation and the employees shall make contributions in accordance with the
provisions of the Ontario Municipal Employees Retirement System and the Canada
Pension Plan. The normal retirement age for all Non-Union staff is age 65 as provided
for in the OMERS Pension Plan.
4. GENERAL WELFARE
The Corporation shall make available the following benefits, subject to the provisions of
the plans;
(a) Life and Accidental Death and Dismemberment Insurance
All employees under age 65, one and one-half times basic annual salary to the
next highest $1,000.
For employees who retire after March 1, 2006, retired employees up to 70 years
of age: $50,000. The Accidental Death Dismemberment provision shall not apply
to retired employees.
(b) Extended Health Care Plan $10-$20 deductible. Pay Direct Drug Card program
with a dispensing fee limitation of $10.00 per script, including positive enrolment
and coordination of benefits.
$500 per person every two (2) years for eyeglasses (can be used to offset laser
eye surgery). $100 per person for eye examinations every two years.
Effective September 1, 2008, $1,000 per person every three (3) years for hearing
aids.
(c) A Dental Plan based upon the current benefit service provider at the O.D.A.
Suggested Fee Guide for General Practitioners for the year proceeding the
current year.
Orthodontic benefits, 50% co-insurance, $2,500 per person lifetime maximum.
Crowns and Bridges at 50% co-insurance with an annual maximum of $2,000
every two (2) years.
(d) Paramedical benefits including Chiropractic have a $750 annual maximum for
employees, and $350 annual maximum for employees’ dependents.
(e) A Long Term Disability Plan to provide 75% of normal gross monthly earnings to
a maximum of $8,500 until age 65, plan to be “Own Occupation two years,” to be
effective after an elimination period of 120 days disability. Benefits provided
under Article 4 to be paid by the employer while employee is on LTD. benefit. If
disabled after age 63 benefits are payable until age 65. An employee must make
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Final Version: Nov 23, 2023 Page 3 of 5
application for OMERS Disability Pension Benefits if requested to do so by the
LTD carrier.
The services in (a), (b), (c), (d) and (e) shall be paid for 100% by the Corporation. The
services in (a), and (b) shall be available to employees retired after January 1, 1969 and
the cost shall be borne 100% by the Corporation, so long as the coverage is available
from the Underwriter at group rates.
The services in (a), (b) (c) and (d) shall be available to employees who retire early using
options offered by O.M.E.R.S. Pension Plan (30 years and/or 90 factor), and the cost
shall be borne 100% by the Corporation until such employees attain the age of sixty five
(65), as long as the coverage is available from the Underwriter at group rates. The
services in (c) shall be available to employees retiring with the “90 factor” and/or retired
with a full unreduced OMERS pension.
5. PAID HOLIDAYS
In accordance with Ontario Employment Standards guidelines, an employee shall
receive the equivalent of one (1) day’s pay at their current rate for each of the following
holidays, regardless of the day on which the holiday is observed:
New Year’s Day Family Day Good Friday
Easter Monday Victoria Day Canada Day
Civic Holiday Labour Day Thanksgiving Day
Christmas Day Boxing Day
One day on Christmas Eve or New Year’s Eve or other day designated by the
Corporation (the choice at the discretion of the Corporation);
Employees will receive two Floating Holidays in recognition of Truth and Reconciliation
Day and Remembrance Day. New employees who start prior to September 30th of the
current year will receive two Floating Holidays, new employees who start after
September 30th and prior to November 11th will receive one Floating Holiday. Floating
Holiday entitlement is to be scheduled by mutual agreement between the employee and
their supervisor;
and any other day proclaimed as a holiday by the Federal or Provincial Government or
the Mayor of the City of Niagara Falls provided that:
(a) The employee has worked their scheduled regular day of work preceding or their
scheduled regular day of work following the paid holiday, unless excused in
writing by a Human Resources representative, for reasonable cause.
(b) If a paid holiday is observed during an employee’s vacation, such employee shall
be given another day’s vacation with pay.
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Final Version: Nov 23, 2023 Page 4 of 5
6. VACATIONS
The vacation accrual year is June 1st to May 31st. An employee shall receive an annual
vacation and vacation pay based on the accrual year on the following basis:
Years of Service as of
May 31st of the Current Year Vacation Vacation Pay
Less than one year 1 working day for
each month up to a
maximum of 10
4%
*One year or more 3 weeks 6%
Eight years or more 4 weeks 8%
Fifteen years or more 5 weeks 10%
Twenty-four years or more 6 weeks 12%
New employees with previous direct experience may be credited for years of service at
the discretion of Human Resources. Those employees may be considered as having
similar related experience toward the calculation of years of service for their vacation
allotment.
Each week of vacation pay will be calculated at the appropriate percentage shown
above of gross annual earnings in the vacation year ending May 31st, or at the
employee’s normal weekly hours times their regular rate, whichever is greater.
An absent employee who ceases to be entitled to receive pay from the Corporation due
to being granted leave of absence without pay or having exhausted their sick leave
credits shall be entitled to vacation pay only to the extent and in proportion to the time for
which s/he has been paid during the year ending May 31st based on their standard
working hours during such year.
Subject to Department Head approval up to ten (10) days’ vacation may be carried
forward from May 31st to June 1st the following vacation accrual year. For those in salary
grades 11 - 13 only, vacation time may be carried forward to the following vacation
accrual year up to the employee’s maximum annual vacation time entitlement. Any
special exceptions require the approval of the Chief Administrative Officer.
The City reserves the right to refuse such requests due to operational considerations
and/or impose reasonable limits on any vacation time taken in excess of three
consecutive weeks.
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Final Version: Nov 23, 2023 Page 5 of 5
7. OVERTIME
(a) Employees in Level 6 and Below
Employees in these levels will be paid at time-and-one-half for all hours worked,
Sundays or Paid Holidays included. Ten days of lieu time at the normal weekly
hours may be accumulated and is earned at time-and-one-half, Sundays
included.
(b) Employees in Level 7 and Above
Employees in these levels may accumulate ten (10) days of lieu time which is all
earned at straight time, Sundays or Paid Holidays included.
*Supervisors only (Level 7 and 8) who work on any of the 11 normal paid
holidays will be paid double time for those hours only. No equivalent time off
will be granted.
A minimum of thirty (30) minutes overtime must be performed at any one time
before overtime is payable.
(c) Overtime worked by any one employee shall be limited by the provisions of the
Employment Standards Act. In case of an accident or in case of work urgently
required to be done to machinery or plant, the employer may require an
employee to work beyond the normal limits of hours of work prescribed by the
Employment Standards Act. Authorization for such emergency conditions shall
be obtained from the Chief Administrative Officer and shall include but not limited
to employees who are required to work and/or operate vehicles while responding
to an emergency situation or impending situation that constitutes an imminent
threat, risk or danger, though not necessarily one of major proportions to life,
property or the environment, whether caused by forces of nature, an accident, an
intentional act or otherwise.
(d) Provided employees have maximized their lieu time of ten (10) days, overtime
may be payable up to a maximum of one (1) week per calendar year for
emergency situations identified in part (c).
(e) All work for which overtime is payable must be authorized by the Department
Head concerned.
(f) Non-Union staff are not entitled to meal allowances for Overtime worked.
8. PAYMENT TO SHIFT SUPERVISOR
The Shift Supervisor will be paid the following shift premium in addition to their regular
rate of pay:
Regular scheduled shift starting between 12midnight to 6am - $1.00 per hour.
9. By-law Number 2020-71 is hereby repealed.
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MW-2023-34
Report
Report to: Mayor and Council
Date: December 12, 2023
Title: Assumption of Various Subdivisions
Recommendation(s)
That City Council formally assume Warren Woods Phase 5 Stages 1 & 2 (Plan 59M-
463), Winzen (Plan 59M-474), and Chippawa West Phase 2 Stage 3 (Plan 59M-426)
subdivisions.
Executive Summary
Final assumption of the subdivisions referenced herein is recommended on the basis
that the respective Developers have fulfilled their obligations under the Subdivision
Agreements.
Upon final assumption, all remaining securities shall be released to the Developers and
the City shall assume responsibility for the operation and maintenance of the municipal
infrastructure within the subdivisions.
According to the terms in the Subdivision Agreements, the City shall issue a ‘Certificate
of Assumption’ for the following subdivisions:
Subdivision Name Registered Plan No.
Warren Woods Phase 5 Stages 1 & 2 59M-463
Winzen 59M-474
Chippawa West Phase 2 Stage 3 59M-426
Background
Subdivision Agreements are entered into between the Developer of a new subdivision
and the City to ensure that the requirements of the City and external agencies are
satisfied and that securities are provided where necessary.
The Agreements outline the Developer’s obligations to ensure that municipal
infrastructure is constructed in accordance with the approved engineering drawings and
in compliance with applicable standards. Prescribed maintenance periods are defined to
ensure that construction deficiencies are identified and remedied prior to assumption by
the City.
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Final assumption defines that date when remaining securities are released to the
Developer and all operation and maintenance responsibilities of the municipal
infrastructure within the subdivision are assumed by the City.
Following formal assumption, and in accordance with the terms of the Subdivision
Agreements, the City shall issue a ‘Certificate of Assumption’ to the respective
Developers.
Analysis
The Developers have fulfilled the obligations as described within their respective
Subdivision Agreements and as such the following subdivisions are recommended for
Final Assumption:
Municipal Works
File No. Subdivision Name Registered Plan
No.
2016-359 Warren Woods Phase 5 Stages 1 & 2 59M-463
26T-11-2017-002 Winzen 59M-474
2015-356 Chippawa West Phase 2 Stage 3 59M-426
The municipal infrastructure within these subdivisions has been inspected and deemed
to have been constructed in accordance with the approved engineering drawings and in
compliance with applicable standards. The required construction maintenance periods
have expired.
Through the assumption of the noted subdivisions, the City will assume responsibility for
the operation and maintenance of the municipal infrastructure summarized below:
Approximate Length of Municipal Asset (m)
Subdivision Name Roads Sidewalks Storm
Sewer
Sanitary
Sewer Watermain
Warren Woods Phase
5 Stages 1 & 2 2481 2198 2803 2364 2560
Winzen 0 681 8 415 645
Chippawa West Phase
2 Stage 3 1194 929 1113 1015 1218
Total Length (m): 3675 3808 3924 3794 4423
Estimated Capital
Replacement Cost: $5.3 M $0.3 M $5.0 M $4.6 M $4.0 M
Estimated Annual
Operation &
Maintenance Cost:
$10.3 K $1.2 K $3.7 K $88.6 K $88.4 K
Page 2 of 7
Page 359 of 679
Based on the above inventory, the City is prepared to assume approximately $19.2
million worth of new core assets. The City is responsible for the full lifecycle cost
accounting and funding of these assets, including inspection activities, operation and
maintenance activities, capital rehabilitation programming, and eventually capital
replacement.
Operational Implications and Risk Analysis
Annual Operational Maintenance has been initiated with the original registration of the
developments. Future Capital renewals for municipal assets located within the rights-of-
way shall be budgeted for, in accordance with asset lifecycle rehabilitation
programming, levels of service and policy statements, and related asset management
plans.
Financial Implications/Budget Impact
Following the formal assumption of the subdivisions as described herein, a ‘Certificate
of Assumption’ will be issued to the respective Developers and all remaining securities
shall be released.
Operations staff will be advised of the subdivision assumptions and circulated
infrastructure details for maintenance purposes.
The following table summarizes the financial asset inventory details for the three
subdivisions being assumed. As a result of assuming approximately $19.2 million worth
of assets, the City anticipates that the annual operating budget impact will be
approximately $192,200 based on Minimum Maintenance Standards and Asset
Management planning and programming.
Subdivision Name Estimated Capital
Replacement Cost
Estimated Annual
Operation &
Maintenance Cost
Warren Woods Phase 5 Stages 1 & 2 $12.4M $113.8K
Winzen $1.1M $22.5K
Chippawa West Phase 2 Stage 3 $5.7M $55.9K
Total: $19.2M $192.2K
Strategic/Departmental Alignment
Implementation of these works meets the intent of Council’s Strategic Priorities to
establish infrastructure investment priorities and to strengthen and promote economic
development within the City.
Contributor(s)
Tara Gudgeon, Senior Manager of Asset Management
List of Attachments
Page 3 of 7
Page 360 of 679
Plan of Subdivision - Warren Woods Phase 5 Stages 1 & 2 (59M-463)
Plan of Subdivision - Winzen (59M-474)
Plan of Subdivision - Chippawa West Phase 2 Stage 3 (59M-426)
Written by:
Brian Kostuk, Development Services Supervisor
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 30 Nov
2023
Jason Burgess, CAO Approved
- 04 Dec
2023
Page 4 of 7
Page 361 of 679
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Page 7 of 7
Page 364 of 679
PBD-2023-73
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
AM-2023-010
Zoning By-law Amendment Application
7769, 7735, 7751 Thorold Stone Road
Applicant: Thorowest Construction Ltd. (R. Biamonte)
Agent: Craig Rohe (Upper Canada Consultants)
Recommendation(s)
That Council approve the Zoning By-law amendment to rezone the property, a site-
specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, in part and an
Environmental Protection Area (EPA) zone, in part, to allow for the development of 44
townhouse dwelling units in 9 blocks, together with 1 detached and 2 semi-detached
dwellings, subject to the regulations outlined in this report.
Executive Summary
Thorowest Construction Ltd. has applied for a Zoning By-law amendment to permit the
development of 44 townhouse dwelling units in 9 blocks, together with 1 detached and 2
semi-detached dwellings (a total of 49 dwelling units). The amendment is recommended
for the following reasons:
The proposed development conforms to Provincial, Regional, and City policies as
it will contribute to the minimum intensification rate of 50% of all residential units
constructed in the City, and will contribute to the diversification of housing supply
within the urban area and ensures the protection of fish habitat associated with
Shriner’s Creek; and,
The requested and recommended regulations are appropriate to regulate the
proposed use and ensure the proposed development will be compatible with the
surrounding properties.
Background
Proposal
Page 1 of 13
Page 365 of 679
Thorowest Construction Ltd. has requested a Zoning By-law amendment for a parcel of
land totalling approximately 1.54 ha (3.80 ac) as shown on Schedule 1. Schedule 2
shows details of the proposed development.
The subject properties are currently zoned Development Holding (DH), in part, in
accordance with Zoning By-law No. 79-200, as amended; and, Residential 5A Density
(R5A-190), in part, in accordance with Zoning By-law 79-200, as amended by site
specific By-law No. 1988-134. The applicant is proposing to rezone the subject lands to
a site specific Residential Low Density, Group Multiple Dwellings (R4) zone, in part, and
Environmental Protection Area (EPA), in part, to facilitate the proposed development.
By-law No. 1988-134 will be repealed.
The site specific R5A zone requirement is being downsized for the number of units
allowed, however, the removal of the DH zone which allows only for 1 dwelling will allow
for more units to be developed on these lands in conjunction with the R5A zone which
will upsize the overall development with the proposed R4 zone.
Site Conditions and Surrounding Land Uses
The subject lands are located on an interior lot on the north side of Thorold Stone Road
west of Montrose Road. The site currently has 3 homes that will be demolished to
facilitate this development. The subject land is bounded by Thorold Stone Road to the
south, detached dwellings and a city park (Mount Carmel) to the north of Shriner’s
Creek, townhouse dwellings to west past Shriner’s Creek, and vacant commercial land
to the east as well as a commercial plaza.
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City
divisions, agencies, and the public for comments. The following summarizes the
comments received to date.
- Niagara Region
The Niagara Region supports the application.
The Niagara Region staff reviewed the ‘Noise Feasibility Study’ prepared by
HGC Engineering and agreed with the recommendations of the noise warning
clauses. The implementation of these mitigation measures can be addressed
through the future draft plan application.
The Niagara Region reviewed the submitted ‘Stage 1-2 Archaeological
Assessment’, prepared by Detritus Consulting Ltd, that was submitted to the
Ministry of Citizenship and Multiculturalism on April 13, 2022. Regional Staff
Page 2 of 13
Page 366 of 679
recommend that the standard archaeological warning clauses are included in the
future draft plan of condominium agreement.
The Niagara Region Environmental Planning reviewed the ‘Updated Scoped
Impact Assessment’ prepared by Ecological and Environmental Studies and offer
no objection to a slight reduction to the watercourse buffer. Regional staff
reviewed the zoning schedule and are satisfied with the appropriate restrictive
environmental zone. Additional recommended conditions of approval associated
with the future draft plan of vacant land condominium will be provided when the
application is circulated.
Niagara Region Transportation will require that the future draft plan shows a 1 ft
(0.3m) reserve along the property line adjacent to units 1 and 34 to ensure that
access for those units is only from internal driveways.
Niagara Region Waste will require the provision of truck turning template
drawings that demonstrate the movement of trucks entering from both directions
from Thorold Stone Road. One additional pad is required for unit 22. These
drawings can be provided as part of the future draft plan application.
- Niagara Peninsula Conservation Authority
NPCA supports the application.
NPCA permits are required for any works within 15 metres of the adjacent
watercourse prior to the commencement of any works on the site. Specific
comments will be provided as part of the future draft plan application.
- Mississaugas of the Credit First Nation
That a Stage 1 Archaeological Study be conducted on the site to determine its
archaeological potential and that the Stage 1 report be submitted to MCFN
DOCA for review. If it is determined that a Stage 2 is required, MCFN DOCA is
expected to be involved in the field study with MCFN Field Liaison
Representation (FLR) on-site participation. This requirement will be reviewed as
part of a future Draft Plan of Condominium.
- Building Services, Fire Services, Transportation Services, Legal Services and
Municipal Works
No objections or concerns
Page 3 of 13
Page 367 of 679
- GIS Services
No objections or concerns. Upon completion of the demolition permits, the
original 3 civic addresses (7735, 7751 & 7769) will be retired. At the appropriate
stage in the condominium plan process, a new single civic address will be
issued. GIS will require a civic unit plan correlated with the legal unit number.
- Landscape Services
-
No objections or concerns. A tree survey plan shall be implemented and
considered throughout the construction of the proposed development. Parkland
dedication provided as Cash-in-lieu at the rate of 5% will be required prior to the
execution of the condominium agreement. Any tree compensation will be
reviewed as part of a detailed review of the vacant land condominium application.
Neighbourhood Comments
The neighbourhood open house meeting was held on October 23, 2023, a neighbour
attended along with the agent representing the applicant. Three emails were received.
The main concerns were that the proposed chain-link fence adjacent to Shriner’s Creek
have no gates and be 1.8 metres in height, that the proposed townhouse dwellings are
not 3 storeys in height, and that any trees along the Shiner’s Creek should not be
disturbed.
The applicant will install 1.8 metres in height chain-link fence with no gates. This is a
requirement of the Niagara Peninsula Conservation Authority for those portions of the
land adjacent to Shriner’s Creek. The zoning by-law will limit the height of the residential
dwellings to 2 storeys and 11 metres, whichever is the lessor. No trees adjacent to
Shriner’s Creek will be disturbed as they are protected. A 10-metre buffer zone adjacent
to Shriner’s Creek will be established for the protection of any trees.
Analysis
1. Provincial Policies
The ActPlanning the with consistent be to decisions City requires planning
Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan.
The proposed development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
Page 4 of 13
Page 368 of 679
The fish habitat is protected as a 10 metre buffer is being established and
implemented through the EPA zone;
The proposed townhouses, semi-detached dwellings and single detached
dwelling are appropriate as they will facilitate the development of additional
housing units that are compatible with the surrounding environment and will
make efficient use of urban serviced land; and,
The proposal will provide additional housing options in the City.
2. Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional
Official Plan. Regional Policies direct growth to settlement areas where existing
servicing exists, and a range of housing choices and transportation options can be
provided. The proposed development is within the urban area and contributes to
the minimum intensification target of 50% for all residential units occurring
annually within the City of Niagara Falls. In addition, an appropriate buffer to the
fish habitat is being established and implemented through the EPA zone.
3. City’s Official Plan
The Official Plan designates the subject land as Residential. The proposal complies
with the intent of the Official Plan as follows:
The proposed development is located within the Bulit-Up Area amongst existing
development located along on an arterial road and complies with the allowed 32
units/per hectare;
The proposed development site is supported by full urban services, existing
public roadway frontage and utilities. The site is situated adjacent to a transit
route and is proximate to commercial uses and parkland;
The proposed development will contribute to the achievement of a transit
supportive and pedestrian friendly community. The development of the land at a
higher density is an efficient use of urban land;
The proposed townhouse, semi-detached, and detached dwellings allow for a
traditional arrangement of built form with appropriate housing design, drive
aisles, outdoor amenity area and building setbacks;
The proposed housing type will provide a variation in choice to the local market,
and assist in achieving the minimum 50% residential development annually in the
Built-Up area with the increase in density on the subject lands; and,
The proposed units will be 2 or 3 bedrooms. The estimated selling costs are
$700,000 based on the information provided by the applicant. The proposed units
will not be an affordable price in accordance with the overall unit price of
$539,000 in 2022 for the City of Niagara Falls. This is due to the nature of the
Page 5 of 13
Page 369 of 679
project being a condominium with all its own infrastructure and that many lots
back onto the Creek and fetch a premium on the market.
The fish habitat associated with Shriner’s Creek is being protected through the
implementation of the EPA zone.
4. Zoning By-law
The applicant has requested a site specific R4 zone, in part, to allow for the
townhouse dwellings use, add semi-detached and detached dwellings as permitted
uses, and to recognize the departures of the R4 zone regulations on the subject
property.
The applicant has requested an EPA zone, in part, for areas adjacent to Shriner’s
Creek that are part of the required setback for fish habitat.
The departures requested from the standard R4 regulations are summarized in the
following table:
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
(Details to follow)
Add the use of a
detached dwelling not permitted
add the detached
dwelling use for unit
24, in accordance
with the regulations
for a townhouse
dwelling
support
Add the use of a
semi-detached
dwelling
not permitted
add the semi-
detached dwelling
use for units 1-4, in
accordance with
the regulations for a
townhouse dwelling
support
Minimum interior
side yard width 5.5 metres 3 metres for unit 24 support
Minimum rear yard
depth 7.5 metres 6.9 metres for unit
17 support
Maximum height of
a building or
structure
10 metres
2 storeys and 11
metres, whichever
is less
support
Minimum privacy
yard depth 7.5 metres 6.9 metres for unit
17 support
The requested zoning is appropriate as follows:
Page 6 of 13
Page 370 of 679
The addition of a detached dwelling use (unit 24) will be similarly massed and
architecturally designed to match with the other dwellings in the development;
The addition of the semi-detached dwellings as a permitted use is supported as
they will be similar in size, mass and appearance to the townhouses and will not
disrupt the character of the development;
The reduction for interior side yard width is only for unit 24 (detached dwelling).
The area is sufficient to accommodate landscape treatments, and there will be a
1.8 metre board fence along the eastern lot line, providing privacy and screening
from visual impacts adjacent to the existing Thorowest Plaza;
The reduction of the rear yard and privacy yard is for only unit 17. The deficiency
is related to the proposed rear corner of the unit. This area is a pinch point and
the overall reduction in setback will not affect the ability for the unit to be
developed, for appropriate drainage to be facilitated, or for adequate private
amenity area to be provided; and,
The increase in height for the building provides flexibility for a pitched roof, which
is typical in this area and complimentary to the proposed architectural design.
The height would be limited to the roofline and does not facilitate an additional
storey of development or having shadowing impacts on adjacent lands.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposal will generate development charge contributions and provide property tax
revenue for the City.
Strategic/Departmental Alignment
The proposal promotes sustainable growth.
List of Attachments
SCHEDULE 1 - Location Map
SCHEDULE 2 - Site Plan
APPENDIX A - Draft - Bylaw (AM-2023-010)
AM-2023-010 - Schedule
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 04 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
Page 7 of 13
Page 371 of 679
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
Page 8 of 13
Page 372 of 679
SCHEDULE 1
(Location Map)
N
Page 9 of 13
Page 373 of 679
SCHEDULE 2
(Site Plan)
Page 10 of 13
Page 374 of 679
CITY OF NIAGARA FALLS
By-law No. 2023- xxxx (DRAFT)
A by-law to amend By-law No. 79-200, to permit the use of the lands for the
development of 44 townhouse dwelling units in 9 blocks, together with 1 detached
dwelling and 2 semi-detached detached dwellings and to repeal By-law No. 1988-134
(AM-2023-010).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law
are described in Schedule 1 of this by-law and shall be referred to in this by-law
as the “Lands”. Schedule 1 is a part of this by-law.
2. The Lands shall be identified as a parcel, known as Parcels R4- xxxx and EPA.
3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by
this by-law. In the case of any conflict between a specific provision of this by-law
and any existing provision of By-law No. 79-200, the provisions of this by-law are
to prevail.
4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
5. The permitted uses shall be:
(a) For Parcel R4-xxxx, the uses permitted in the R4 zone.
(b) A detached dwelling, in accordance with the regulations contained in
7.9.2 and in 7.9.3, of By-law 79-200 for a townhouse dwelling.
(c) A semi-detached dwelling, in accordance with the regulations contained in
7.9.2 and in 7.9.3, of By-law 79-200 for a townhouse dwelling.
(d) For Parcel EPA, the uses permitted in the EPA zone.
6. The regulations governing the permitted uses on Parcel R4–xxxx, shall be:
(a) Minimum year yard depth for a
townhouse dwelling
6.9 metres for unit 17
(b) Minimum interior side yard width
3 metres for unit 24
(c) Maximum height of building and 11 metres and 2 storeys,
and structure and number of storeys which ever is less
Page 11 of 13
Page 375 of 679
2
(d) Minimum privacy yard depth for each 6.9 metres for unit 17
townhouse dwelling unit, as measured from
the exterior rear wall of every dwelling unit
(e) The balance of the regulations specified for a R4 use.
7. The units noted in the regulations are referencing the Thorowest Village site plan
prepared by Upper Canada Consultants dated February 9, 2023.
8. The regulations governing the permitted uses of EPA, shall be the regulations
specified for the EPA use.
9. All other applicable regulations set out in By-law No. 79-200 shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
10. No person shall use the Lands for a use that is not a permitted use.
11. No person shall use the Lands in a manner that is contrary to the regulations.
12. The provisions of this by-law shall be shown on Sheet B3 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R5A and DH to R4 and
numbered xxxx.and EPA.
13. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1. xxxx Refer to By-law No. xxxx
17. By-law No. 1988-134 is repealed.
Read a First, Second and Third time; passed, signed, and sealed in open Council
this 12th day of January 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2023\AM-2023-010 - Thorold Stone Road, 7735-7769 (PID# 348953)\SCHEDULE 3 - Draft - Bylaw.docx
Page 12 of 13
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Page 13 of 13
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Address: 7769, 7751, 7735 and vacant parcel to the west
Applicant: Thorowest Construction Ltd. Agent: Craig Rohe
Proposal: To request a site-specific Residential Low Density, Grouped Multiple Dwellings (R4)
zone to permit 44 unit stacked townhouses with 4 semi-detached and 1 single detached dwelling
Zoning By-law Amendment Application
AM-2023-010
Page 378 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Location
Page 379 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Proposal: To rezone the subject properties to a site-specific Residential Low
Density, Group Multiple Dwellings (R4) and Environmental Protection Area (EPA)
zone.
•Official Plan: Land is designated Residential in the Official Plan and located in the
Built-Up Area. The development with provide a density of 31.47 units per hectare
which complies within the allowed density of 20 to 40 units per hectare. The
development will provide housing options within the City of Niagara Falls located in
the Built-Up Area. The property will utilize existing municipal infrastructure.
•Zoning: The subject lands are currently zoned Development Holding (DH), in
accordance with Zoning By-law No. 79-200, as 79-200 as amended.
Page 380 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Open House – October 25
Comment/Concerns Staff Response
•The proposed chain-
link fence adjacent to
Shriner’s Creek have
no gates and be 1.8
metres in height
•The applicant will install 1.8 metre in height chain-link fence
with no gates
•That the townhouse
dwellings are not 3
storeys in height
•The zoning by-law will limit the height to 2 storeys and 11
metres.
•Trees along Shriner's
Creek should not be
disturbed
•No trees adjacent to Shriner’s Creek will be disturbed as
they are protected.A 10-metre buffer zone adjacent to
Shriner’s Creek will be established for the protection of any
trees.Page 381 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning Relief
Reduce the minimum
privacy rear yard from
7.5 m to 6.9 m for unit
17.
Add the use of a
single and detached
dwelling to the R4
zone.
Reduce minimum rear
yard width from 7.5 m
to 6.9 for unit 17.
Reduce interior side
yard from 5.5 m to 3.1
m for unit 24.
Increase the
maximum height of a
building from 10 m to
11 m and 2 storeys Page 382 of 679
A GREAT CITY…FOR GENERATIONS TO COME
•That Council approve Zoning By-law amendment as
modified and recommended in report PBD-2023-73
RecommendationRecommendation
Page 383 of 679
THOROWEST VILLAGE
7735, 7751 AND 7769 THOROLD STONE ROAD & UNADDRESSED LANDS
CITY OF NIAGARA FALLS
PUBLIC MEETING
DECEMBER 12, 2023, 2023
ZONING BY-LAW AMENDMENT (AM-2023-010)
Craig Rohe, M.Pl., RPP, MCIP
Senior Planner
Upper Canada Consultants
Page 384 of 679
What is being proposed?
The property owner (Thorowest Construction Ltd.) has
submitted an application for Zoning By-law Amendment for
lands known municipally as 7735, 7751 and 7769 Thorold Stone
Road as well as an unaddressed parcel to the west of these
lands.
The submitted amendment proposes to amend the Zoning of
the subject lands from Development Holding (DH) and Site-
Specific Residential 5A Density Zone (R5A-190) to a site-specific
Residential Low Density Grouped Multiple Dwellings Zone (R4-
XX) and Environmental Protection Area (EP).
The proposed amendment will facilitate the development of the
subject lands as a forty-nine (49) unit residential condominium.Page 385 of 679
Developable Area
Subject Lands
Land Area: 1.601 Hectares Frontage: 186.44 metres (Thorold Stone Road)
Mount
Carmel
Park
Thorowest
Plaza
Page 386 of 679
Page 387 of 679
Page 388 of 679
Conceptual Dwelling Form
Two Storey Block Townhouse
1,500 to 1,600 square foot living area
Attached Single Car Garage
Page 389 of 679
Zoning Amendment
Page 390 of 679
Zoning Amendment
Site Specific Relief requested to facilitate development design.
R4-XX Zone
1.Permit Single and Semi-detached dwellings within the Condominium.
2.Minimum Rear Yard – 6.9 metres whereas 7.5 metres is required (Unit 17).
3.Minimum Privacy Yard – 6.9 metres whereas 7.5 metres is required (Unit 17)
4.Minimum Interior Side Yard Setback – 3.1 metres whereas half the height of the
building (5.5 metres) is required. (Unit 24)
5.Maximum Building Height – 11.0 metres whereas 10.0 metres is required.
EPA Zone
•Area to be protected from physical development but permitted to be utilized as
undeveloped yard space with fencing along property line.Page 391 of 679
Next Steps
1.Site Plan Approval Application (2024)
•Detailed Engineering Design (Servicing, Grading)
•Architectural Deisgn of Dwelling Units
•Landscape Architecture and Urban Design
•Tree Inventory and Preservation Plan
2.Vacant Land Condominium Application (2024)
•To be procured through Exemption process as it only
pertains to tenure.
3.Home Construction anticipated for a 2025 start.Page 392 of 679
Thank you.Page 393 of 679
1
From:M LOPOYDA <
Sent:Tuesday, October 24, 2023 11:22 AM
To:Nick DeBenedetti; strangesvince
Subject:[EXTERNAL]-Re - 7735, 7751 & 7769 Thorold Stone Rd
Hello Mr. Benedetti;
I would like to echo the statement that my neighbors made regarding the project going up behind
us. As per the reasons that Mr. Stranges said below we are very concerned about retaining the
privacy, the natural look along without disturbing the home of many natures little creatures.
We just want to make sure that we still have privacy and enjoy the beautiful green scenery as we do
now
and after this project. There is a lot of wildlife that live near the creek like beavers, possums, foxes
and many other animals that have made the creek their habitat and should not be disturbed.
1] It only looks like 8 meters from the back of homes to the fence and then another 10 Meters of
green behind the fence to the creek. Correct ? That's at least 2 x closer to creek than where
the existing home is now on the South side of creek.. Is there not a flood zone on that side of the
creek or is this on their own land they own ? Homes on the Northside of the creek are 50 meters
away from the creek.
2] Will the existing tree line stay there or will more trees be cut down when the fence goes up. Its
important to all of us on Cameron court to keep as many trees up as possible as it is beautiful and
private in the summer. We are against any more trees or bushes being cut down.
3] We would prefer a wooden fence over a chain link like it is proposed on the East side of the
project. Also if they do chain link fence we are hoping that they don't have gates on them.
We understand that some project will be developed on the property, we are simply looking to make
sure the natural barrier of Shriners Creek remains intact and undisturbed..
Thank You,
Michael & Monica Lopoyda
Page 394 of 679
2
Niagara Falls, ON,
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Page 395 of 679
1
From:V S <
Sent:Tuesday, October 24, 2023 10:57 AM
To:Nick DeBenedetti
Cc:V S; Lynn Stranges
Subject:[EXTERNAL]-Re - 7735, 7751 & 7769 Thorold Stone Rd
File _ AM-2023-010
Hello Mr. Debenedetti, Thank you for giving us a chance to comment on this application. We just want to make sure
that we still have privacy and enjoy the beautiful green scenery as we do now
and after this project. There is a lot of wildlife that live near the creek like beavers, opossums, foxes and many
other animals that have made the creek their habitat and should not be disturbed.
1] It only looks like 8 meters from the back of homes to the fence and then another 10 Metres of green behind the
fence to the creek. Correct ? That's at least 2 x closer to creek than where the existing home is now on the South side
of creek.. Is there not a flood zone on that side of the creek or is this on their own land they own ? Homes on the
Northside of the creek are 50 meters away from the creek.
2] Will the existing tree line stay there or will more trees be cut down when the fence goes up. Its important to all of us
on Cameron court to keep as many trees up as possible as it is beautiful and private in the summer. We are against any
more trees or bushes being cut down.
3] We would prefer a wooden fence over a chain link like it is proposed on the East side of the project. Also if they do
chain link fence we are hoping that they don't have gates on them.
Thank you
Vincent Stranges & Lynn Stranges
Niagara Falls ontario
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Page 396 of 679
Re: City File AM -2023-010
Zoning By-law Amendment Application
7735, 7751 & 7769 Thorold Stone Road
October 25, 2023
Comments on NOTICE OF APPLICATION:
1. Looking at the documentation provided on the city-hall website, it can be seen the Developer is
demanding from some reliefs from by-law (change to R4 zone, reduction of rear yard depth,
reduction of minimum interior , a increase of the maximum height of building from 10m ( as of
R4 rule) to 11m, reduction of minimum privacy yard, and all this without providing a
complete application in order to go do a City Council approval .
What is missing are the artist sketches showing a general appearance of the proposed
site to be developed . Many other developments approved by the City Council have sketches
embedded in their proposals. (an example is the picture for the future development nearby
Basic Store – see Page 1/1, attached) ;
Agent Craig Rohe made a comprehensive 134 page report, presenting the development; It is the
place where the sketches probably were supposed to be; there are only some pictures of the
actual site but nothing regarding the future development.
1.1 On page 10 of 52 of the Report (attached) it says : “The proposed Block Townhouse
Dwellings will be two-storey in height and reflect similar characteristics and layouts”
1.2 On page 41 of 52 (attached) it says:” The height and massing of the units are appropriate for
the site as two-storey dwellings are found within the broader area (Swan Street and Cameron
Court)
1.3 On page 51 of 52 ( attached) it says :”The residential dwelling will not overlook any adjacent
residential properties or cast shadows that have a negative impact on lands to the east or
north.”
1.4 On page 52 of 52 (attached) it says: “The requested permission for a building height of 11
meters provides flexibility for a pitched roof, which is typical in this area and complementary to
the proposed architectural design. This height would be limited to the roofline and does not
facilitate any additional storey or of development or result in overlook or shadowing impacts
on adjacent lands.”
We understand the fact that the land will be used for building new homes, despite the fact
numerous trees were and will be sacrificed in the process, wild life will be impacted.
Page 397 of 679
We consider that an approval of 11m height without presenting the projects sketches will
provide the Developer with a loophole to make further changes to 3-storey design; This is a
total unacceptable solution, in special for Units 18 to 23 .
We know that 11 m height is the benchmark for 3-storey building, while R4zone rule is 10m;
Looking at the first page we attached (page1/1), you can see the 11 m, three-storey townhouse
to be built to Basics Plaza, which we do not want to be built on this site, or any similar project.
Proposal:
Demand the drawing sketches for the development to be presented to City Council for
aproval ;
Make sure the developer will build 2-storey townhouses, as presented in the present
proposal;
Approve less than 11m,even by a fraction, in order to close the loophole for 3 -storey
townhomes
2. We propose that the chain-link fence to be 6ft high, ( as recommended on page 118 of 134 of
Report-attached) not 5ft (the way was in the first proposal in August 2021); On 6ft fence it is
more difficult to make gates toward the creek; People buying properties along the creek should
be noticed in the home purchasing contract of the nature of the wild habitat in the area (by not
tempering with the fence or altering the environment) .
3. We suggest that ,while marking the chain-link fence place on the ground, the trees on the south
side of the fence, that fall in the future backyard of the townhouses, to be preserved, as well as
other existing mature trees on this development; too many trees were sacrificed until now on
this land.
Constantin Busuioc, MEng, MBA
Cornelia Busuioc, MEng, B.Ed.
Niagara Falls, ON
Page 398 of 679
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PBD-2023-74
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
AM-2023-020
Zoning By-law Amendment Application
3151 Montrose Road and a vacant parcel to the north
Applicant: 1000441695 Ontario Inc.
Agent: Rachelle Larocque (The Biglieri Group)
Recommendation(s)
That Council approve the Zoning By-law amendment to rezone the property, a site-
specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, in part, to allow
for the development of 9 townhouse dwelling units in 2 blocks, together with 2 detached
dwellings and a site-specific Residential 1E Density (R1E) zone, in part, for a detached
dwelling, subject to the regulations outlined in this report.
Executive Summary
1000441 Ontario Inc. has applied for a Zoning By-law amendment to permit the
development of 9 townhouse dwelling units in 2 block. together with 3 detached
dwellings. The amendment is recommended for the following reasons:
The proposed development conforms to Provincial, Regional, and City policies as
it will contribute to the minimum intensification rate of 50% of all residential units
constructed in the City, and will contribute to the diversification of housing supply
within the urban area; and,
The requested and recommended regulations are appropriate to regulate the
proposed use and ensure the proposed development will be compatible with the
surrounding properties.
Background
Proposal
100441695 Ontario Inc. has requested a Zoning By-law amendment for a parcel of land
totalling approximately 0.56 ha (1.38 ac) as shown on Schedule 1. Schedule 2 shows
details of the proposed development.
Page 1 of 13
Page 405 of 679
The subject lands, municipally known as 3151 Montrose Road (Part 1 on Schedule 2
and a vacant parcel to the north (Part 2 on Schedule 2) are currently zoned Residential
1A Density – 383, as amended by By-law No. 1995-146, in part, Residential 1E Density
– 1061 as amended by By-law No. 2018-054, in part, and Residential 1C Density – 384
by By-law No. 79-200 as amended by By-law No. 1995-146, in part.
The applicant requests to place the townhouses and the two of the detached dwellings
under a site-specific Low-Density Group Multiple Dwellings R4 zone and to place the
third detached dwelling that is proposed to front onto Montrose Road under a site
specific R1E zone (vacant lot) to facilitate the proposed development.
Site Conditions and Surrounding Land Uses
The subject lands are located on an interior lot on the west side of Montrose Road. The
site currently has 1 home that would remain. The subject land is bounded by Montrose
Road to the east, a hydro corridor, and detached dwellings to the north, and detached
dwellings to the south and west of this proposal.
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City
divisions, agencies, and the public for comments. The following summarizes the
comments received to date.
Niagara Region
o The Niagara Region supports the application.
o The Niagara Region staff reviewed the submitted Stage 1-2
Archaeological Assessment, prepared by AMICK Consulting Limited
(dated June 27, 2023).The standard warning clauses will be included as
conditions through the future plan of subdivision.
o The Niagara Region staff reviewed the submitted Noise Impact Study,
prepared by dBA Acoustical Consultants Inc. (dated August 2023) which
was conducted in accordance to the Ministry of the Environment,
Conservation and Parks (“MECP”) NPC-300 Environmental Noise
Guideline. The recommended noise mitigation measures will be included
as conditions through the future plan of subdivision.
o The subject property is near agricultural uses to the west. Regional staff
will look to implement an agricultural warning clause with respect to
potential adverse effects from activities and/or operations on these lands
through the future plan of subdivision.
o The Niagara Region reviewed the sight line report and are satisfied with
the results. The results will be implemented through the future plan of
subdivision.
o The Niagara Region reviewed the landscape concept and will require a
Landscape Plan and details be provided through the future plan of
subdivision. They are requesting a review of the proposed fencing and the
placement of trees within the Region’s right-of-way.
Page 2 of 13
Page 406 of 679
o Niagara Region Transportation will require a 6 m by 6 m daylight triangle
at the proposed private road which can be included as a condition through
the future plan of subdivision. The lot area will comply with still comply
with the zoning regulation with this requirement.
o Niagara Region determined that there is opportunity for Niagara Region
waste collection to service this development. If the site cannot comply with
the current policy, then waste collection will be the responsibility of the
owner through a private contractor. A detailed review will be completed
through the future plan of subdivision.
Building Services, Fire Services, Transportation Services, Legal Services and
GIS Services
o No objections or concerns
Municipal Services
o No objections or concerns. An updated Functional Servicing and
Stormwater Management Report will be required at the future plan of
subdivision.
Landscape Services
o No objections or concerns. An Arborist Report and a Tree Inventory and
Preservation Plan were submitted, and the recommendations of the plan
shall be implemented at the future plan of subdivision.
o A landscape plan will be requested as part of the future plan of subdivision
which must comply to the City’s Standards and developed by an Ontario
Landscape Architect.
o Parkland dedication provided as Cash-in-lieu at the rate of 5% will be
required to be dedicated as a condition of the plan of subdivision.
Neighbourhood Comments
The neighbourhood open house meeting was held on November 6, 2023, the agent
representing the applicant was in attendance, and 4 individuals attended. One email
was received against the proposal for the single car driveways and indicated that no
parking on the street should be allowed.
The items discussed were fire concerns, garbage collection, parking, snow removal,
privacy adjacent to unit 3 and drainage. One participant asked about the construction
time frame because he was interested in purchasing a unit.
The proposal provides 9 parking spaces with an additional parking space in each
garage and 5 visitor parking spaces. The requirement is 14 parking spaces, and the
proposal provides 16 parking spaces. The single car driveway can be supported as
there are 2 additional parking spaces for visitors parking and parking in the garage for
Page 3 of 13
Page 407 of 679
each unit with double driveways are provided for the detached dwellings. Therefore,
cars should not be parking on the private street. Fire Services will review at the plan of
subdivision stage if there is an opportunity to post fire access route signs on the private
street. This will allow no parking on the street.
City’s Fire Services reviewed the proposal and stated the proposal complies with the
City’s standards for fire access routes. The garbage collection will have normal
collection with no dumpsters or garbage enclosures. Garbage pad cans be placed on lot
2 and block 5 for garbage collection. Future engineering plans are to show the road radii
in accordance with the current Niagara Region policy or the truck turning templates will
need to be shown for the site and show the truck entering and exiting from both
directions on Montrose Road. If site cannot comply with the current policy, then waste
collection will be the responsibility of the owner through a private contractor. There is an
area behind the visitor parking area that would store snow. On a heavy snow event, the
snow will be removed by trucks contracted by the future condominium board.
The design of the townhouses is bungalow to 2 storeys in height. A 1.8 m privacy board
fence will be placed along the lot lines and a limited number of windows will be placed in
the west side of unit 3 adjacent to the rear neighbour’s property. This can be controlled
in a condominium agreement. Drainage will be contained on site and no excess will go
onto adjacent properties. This will be reviewed further at the plan of subdivision
application.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed
development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed townhouse dwellings combined with detached dwellings is
appropriate as it will facilitate the development of additional housing units that are
compatible with the surrounding environment and will make efficient use of urban
serviced land; and,
The proposal will provide additional housing options in the City.
2. Regional Official Plan
Page 4 of 13
Page 408 of 679
The subject land is designated as Urban Area (Built-up Area) in the Regional
Official Plan. Regional Policies direct growth to settlement areas where existing
servicing exists, and a range of housing choices and transportation options can be
provided. The proposed development is within the urban area and contributes to
the minimum intensification target of 50% for all residential units occurring annually
within the City of Niagara Falls.
3. City’s Official Plan
The Official Plan designates the subject land as Residential. The proposal complies with
the intent of the Official Plan as follows:
The proposed development will redevelop an underutilized lot that is currently
used for one detached dwelling which is located within the Built-Up Area among
existing development located along an arterial road, and complies with the
allowed 22 units/per hectare;
The proposed development site is supported by full urban services, existing
public roadway frontage and utilities. The site is close to commercial uses, is an
approximate 10-minute walk to Cardinal Drive for a bus stop and near parkland
within the area;
The proposed townhouse dwellings in combination with 3 dwellings allow for a
traditional arrangement of built form with appropriate housing design, outdoor
amenity area and building setbacks;
The proposed housing type will provide a variation in choice to the local market,
and assist in achieving the minimum 50% residential development annually in the
Built-Up area with the increase in density on the subject property;
The average selling price for each unit will be based on the design and location
of the proposal and the market value within the neighbourhood. The proposed
units will not be an affordable price in accordance with the overall unit price of
$539,000 in 2022 for the City of Niagara Falls; and,
The location of this proposal is not an ideal site for affordable housing. The
primary reason for the cost of the units is based on the cost of land and the
irregular shape of the property does not make it conducive to a design that would
enable the applicant to construct affordable units. The irregular shaped lot limits
the number of dwelling units that can be placed for this proposal, meaning costs
are recovered through a smaller number of units. The rising construction costs
also impact the ability to provide affordable units. The townhouses would be sold
for approximately $650,000. The cost of the new single detached dwellings is
unknown.
4. Zoning By-law
Page 5 of 13
Page 409 of 679
The applicant has requested a site specific R4 zone to allow for the townhouse
dwellings and detached dwellings as a permitted use, and to recognize the departures
of the R4 zone regulations on the subject property.
The applicant has also requested a site specific R1E zone to allow for a detached
dwelling on the vacant parcel to the north and to recognize a departure of the R1E zone
regulations on the subject property.
The departures requested from the standard R4 regulations and R1E regulations are
summarized in the following table:
Site specific R4 zone
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
(Details to follow)
Add the use of a
detached dwelling
not permitted add the detached
dwelling, subject to
the regulations of a
townhouse dwelling
support
Minimum rear yard
depth for a
townhouse dwelling
or detached
dwelling
7.5 metres 2 metres for a
townhouse dwelling
for unit 3 and
3 metres for a
detached dwelling
for unit 1
support
Minimum interior
side yard width
3 metres 2.69 metres for unit
6
and
2 metres for unit 11
support
Site specific R1E zone
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
(Details to follow)
Minimum rear
depth
7.5 metres 7.0 metres support
The requested zoning is appropriate as follows:
The addition of the detached dwelling in the R4 zone is appropriate as they will
be similar in size, mass and appearance to the townhouses and will not disrupt
the character of the development;
The reduction for the rear yard depth in the R4 zone is a technical requirement
when reviewing the parcel of land. Amenity area for affected units, usually placed
in a rear yard, is technically in the side yard. Units 1 and 3 are considered rear
Page 6 of 13
Page 410 of 679
yards as the lot line adjacent to these units is the furthest lot line away from the
front lot line. A limited number of windows will be placed on the west side of unit
3 adjacent to the rear neighbour’s property to protect privacy.
The reduction for the interior side yard width in the R4 zone is only at the mid
point on the side of unit 6. From the point the interior side yard expands north
and south. This is due to the southwest corner of the adjacent property located at
the mid point of unit 6 and the irregular shape of the lot;
The reduction for interior side yard width in the R4 zone for unit 11 is due to the
built form of the dwelling which still provides for sufficient access to the rear lands
and a 1.8 m board fence will be provided on the south lot line for privacy and
screening;
The reduction for the rear yard depth in the R1E zone allows for a certain built
form of the dwelling still providing sufficient amenity area; and,
The amending Zoning By-law will include a Holding (H) provision to require a
completion of a sight line study to the satisfaction of the Niagara Region.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposal will generate development charge contributions and provide property tax
revenue for the City.
Strategic/Departmental Alignment
The proposal promotes sustainable growth.
List of Attachments
SCHEDULE 1 - Location Map
SCHEDULE 2 - Site Plan
APPENDIX A - Draft - Bylaw (AM-2023-020)
AM-2023-020 - schedule
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 04 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
Page 7 of 13
Page 411 of 679
- 06 Dec
2023
Page 8 of 13
Page 412 of 679
SCHEDULE 1
(Location Map)
N
Page 9 of 13
Page 413 of 679
SCHEDULE 2
(Site Plan)
Page 10 of 13
Page 414 of 679
CITY OF NIAGARA FALLS
By-law No. 2023- xxxx (DRAFT)
A by-law to amend By-law No. 79-200, to permit the use of the lands for the
development of 9 townhouse dwelling units in 2 blocks, together with 3 detached
dwellings (AM-2023-020).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law
are described in Schedule 1 of this by-law and shall be referred to in this by-law
as the “Lands”. Schedule 1 is a part of this by-law.
2. The Lands shall be identified as a parcel, known as Parcels R4 xxxx.
3. The Lands shall be identified as a parcel, known as Parcels R1E xxxx.
4. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by
this by-law. In the case of any conflict between a specific provision of this by -law
and any existing provision of By-law No. 79-200, the provisions of this by-law are
to prevail.
5. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
6. The permitted uses shall be:
(a) For Parcel R4 xxxx, the uses permitted in the R4 zone.
(b) A detached dwelling,. in accordance with the regulations contained in
7.9.2 and in 7.9.3, of By-law 79-200 for a townhouse dwelling.
7. The regulations governing the permitted uses on Parcel R4 xxxx, shall be:
(a) Minimum year yard depth
a. For a townhouse dwelling
b. For a detached dwelling
2 metres for unit 3
3 metres for unit 1
(b) Minimum interior side yard width
2.69 metres for unit 6
2 metres for unit 11
(c) The balance of the regulations specified for a R4 use.
Page 11 of 13
Page 415 of 679
2
8. The units noted in the regulations are referencing the concept site plan prepared
by the Biglieri Group dated October 17, 2023.
9. The regulations governing the permitted uses of R1E xxxx, shall be:
(a) Minimum rear yard depth 7 metres
(b) The balance of the regulations specified for the R1E use.
10. All other applicable regulations set out in By-law No. 79-200 shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
11. No person shall use the Lands for a use that is not a permitted use.
12. No person shall use the Lands in a manner that is contrary to the regulations.
13. The provisions of this by-law shall be shown on Sheet B2 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R1A and R1C to R4 and
numbered xxxx.
14. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1. xxxx Refer to By-law No. xxxx
15. The provisions of this by-law shall be shown on Sheet B2 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R1A and R1C and to R1E and
numbered xxxx.
16. 19.1. xxxx Refer to By-law No. xxxx
Read a First, Second and Third time; passed, signed, and sealed in open Council
this 12th day of January 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2023\AM-2023-020 - Montrose, 3151 & Vacant Parcel to the North (PID # 164404 & 164402)\8
Report\SCHEDULE 3 - Draft - Bylaw.docx
Page 12 of 13
Page 416 of 679
11.4m14.9m15.7m19.9m21.2m
27.5m
28.0m
49.4m
5
5
.
4m
56.2m67.0m
Frila Ln
M a t t h e w s D r Montrose RdBishop
A
v
K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 11/29/2023
SCHEDULE 1 TO BY-LAW NO. 2023-xxxx (Draft)
Area Affected by this Amendment
Amending Zoning By-law No. 79-200
¯
Applicant: 1000441695 ONTARIO INC.
Assessment: 272510000304650, 272510000362302
Description:PT LT 46 TWP STAMFORD, PT 11 59R9692, EXCEPT PTS 1,2, 4 59R13324; NIAGARA FALLS
PL LT 46 TWP STAMFORD, PT 2 59R13324; NIAGARA FALLS
PT LT 12 PL 59M262, PT 59R11975; CITY OF NIAGARA FALLS
PT LT 13 PL 59M262, PT 2 59R11975; NIAGARA FALLS
R4
xxxx
AM-2023-020
R1E
xxxx
Page 13 of 13
Page 417 of 679
Address: 3151 Montrose Road and vacant parcel to the
north
Applicant: 1000441695 Ontario Inc. Agent: Rachelle Larocque
Proposal: To permit 9 townhouse dwelling units in 2 blocks, with 3 single detached dwellings
Zoning By-law Amendment Application
AM-2023-020
Page 418 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Location
Page 419 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Proposal: To rezone the townhouses and two of the dwellings under a site-specific Low-
Density Group Multiple Dwellings R4 zone and to place the third detached dwelling to front
onto Montrose Road under a site specific R1E zone.
•Official Plan: Land is designated Residential in the Official Plan and located in the Built-Up
Area. The development with provide a density of 21.42 units per hectare which complies within
the allowed density of 20 to 40 units per hectare. The development will provide housing
options within the City of Niagara Falls located in the Built-Up Area. The property will utilize
existing municipal infrastructure.
•Zoning: The subject lands are currently zoned Residential 1A Density - 383, as amended by
By-law No. 1995-146, in part, Residential 1E Density - 1061 as amended by By-law No. 2018-
054, in part, and Residential 1C Density – 384 in part, by By-law No. 79-200 as amended by
By-law No. 1995-146.
Page 420 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Open House – November 6
Comment/Concerns Staff Response
•No parking on private
streets and only single
car driveways
•The single car driveway can be supported as there are 5
additional parking spaces for visitors parking and parking in
the garage for each unit with double driveways are provided
for the detached dwellings.Fire Services will review at the
plan of subdivision stage if there is an opportunity to post fire
access route signs on the private street.
•Fire concerns and
garbage collection
•City’s Fire Services reviewed the proposal and stated the
proposal complies with the City’s standards for fire access
routes.The garbage collection will have normal collection
with no dumpsters or garbage enclosures.Garbage pads
can be placed on lot 2 and block 5 for garbage collection
•Snow removal and
privacy adjacent to
unit 3
•An area behind the visitor parking area that would store
snow.A heavy snow event,the snow will be removed by
trucks contracted by the future condominium board.A limited
number of windows will be placed in the side yard of unit 3
adjacent to the rear neighbour’s property.Page 421 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning Relief
Part 2 - Reduce the
rear yard from 7.5 m
to 7 m for unit 2.
Part 1 - Add the use of
a single detached
dwelling to the R4
zone.
Part 1 - Reduce
minimum rear yard
width from 7.5 to 2 m
for unit 3 and 3 m for
unit 1. Reduce interior
side yard from 3 m to
2.69 m for unit 6 and
2 m for unit 11. Page 422 of 679
A GREAT CITY…FOR GENERATIONS TO COME
•That Council approve Zoning By-law amendment as
modified and recommended in report PBD-2023-74
RecommendationRecommendation
Page 423 of 679
3151 Montrose Road, Niagara
Falls
Owner: 1000441695 Ontario Inc.
Public Meeting of Council
December 12, 2023
Page 424 of 679
Source: Microsoft Bing Maps, 2022SUBJECT SITE
Matthews Drive
Page 425 of 679
West
East
South
North
Source: Google Maps, 2022SURROUNDING LANDSPage 426 of 679
DESIGNATION AND ZONING
Region of Niagara Official Plan
•Lands are designated as “Urban Area” and Delineated Built-Up Area
City of Niagara Falls Official Plan
•Residential
City of Niagara Falls Zoning By-law 79-200
•Residential 1A & 1C
Page 427 of 679
➢9 townhomes (lots 3-11)
➢2 single-detached dwellings
(lots 1-2)
➢1 existing single-detached
dwelling
➢29 parking spaces, including 5
visitor parking spaces
PROPOSED DEVELOPMENT –CONCEPT PLANPage 428 of 679
Zoning By-law Amendment –
submitted and under review
▪Rezoned to a site specific R4 and R1E
▪Minimum Rear Yard Depth: 2m (R4) and
7m (R1E) when 7.5m is permitted
▪Minimum Side Yard Width: 2m when
3m is permitted (half of building height)
▪Detached dwelling use added to R4
zoning
Future Applications
▪Draft Plan of Subdivision
▪Draft Plan of Condominium
▪Site Plan Approval
PLANNING APPLICATIONS
Required Proposed
Minimum lot frontage for a Townhouse
containing more than four dwelling units
30 m 76.34 m
Minimum Front Yard Depth (Townhouse)7.5 m 2m (R4)&7m (R1E)
Minimum Interior Side Yard Width One-half of building
height (6M/2=3M)
2m
Maximum Lot Coverage 35%39%
Maximum Building Height 10 m 6m
Parking 1.4 spaces per
townhouse dwelling
2.0 spaces per dwelling +5
visitor spaces.
Minimum Landscaped Area 45m2 per dwelling 190.35m2 per dwelling
Page 429 of 679
Owner
➢1000441695 Ontario Inc
Team
➢Planning: The Biglieri Group Ltd.
➢Surveyor: Chambers and Associates Surveying Ltd.
➢Civil Engineering: Robert E. Dale LTD
➢Archaeological: AMICK Consultants LTD.
➢Noise: dBA Acoustical Consultants LTD.
➢Landscape: Landscape Florida
➢Arborist: Jackson Arboriculture Inc.
PROJECT TEAMPage 430 of 679
1
From:Carol Topp <>
Sent:Monday, November 6, 2023 3:48 PM
To:Nick DeBenedetti
Subject:[EXTERNAL]-3151 Montrose Road---City File: AM-2023-020
Please be advised that both myself Carol Topp & my husband Gary Topp are both against this development as
presented. Single car driveways and no on street parking make for a large headache & at times, a dangerous situation.
Also, reducing the already postage stamp lots is wrong.
We are speaking from experience.
Sincerely
Carol Gail Topp
Niagara Falls
Sent from my Galaxy Tab A
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
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Page 431 of 679
PBD-2023-75
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
AM-2023-024
Zoning By-law Amendment Application
3090 Montrose Road
Applicant: 2855078 Ontario Inc.
Agent: Greg Taras (Urban and Environmental Management
Inc.)
Recommendation(s)
That Council approve the Zoning By-law amendment to rezone the property, a site-
specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to allow for the
development of 6 townhouse dwelling units in 1 block, together with a semi-detached
dwelling, subject to the regulations outlined in this report.
Executive Summary
285078 Ontario Inc. has applied for a Zoning By-law amendment to permit the
development of 6 townhouse dwelling units in 1 block, together with a semi-detached
dwelling. The amendment is recommended for the following reasons:
The proposed development conforms to Provincial, Regional, and City policies as
it will contribute to the minimum intensification rate of 50% of all residential units
constructed in the City, and will contribute to the diversification of housing supply
within the urban area; and,
The requested and recommended regulations are appropriate to regulate the
proposed use and ensure the proposed development will be compatible with the
surrounding properties.
Background
Proposal
2855078 Ontario Inc. has requested a Zoning By-law amendment for a parcel of land
totalling approximately 0.28 ha (0.69 ac) as shown on Schedule 1. Schedule 2 shows
details of the proposed development.
Page 1 of 12
Page 432 of 679
The subject property is currently zoned Development Holding (DH), in accordance with
Zoning By-law No. 79-200, as amended. The applicant is proposing to rezone the
subject lands to a site specific Residential Low Density, Group Multiple Dwellings (R4)
Zone to facilitate the proposed development.
Site Conditions and Surrounding Land Uses
The subject lands are located on an interior lot on the east side of Montrose Road. The
site currently has 1 home that would be removed to facilitate this development. The
subject land is bounded by Montrose Road to the west, a hydro corridor to the north,
detached dwellings to the south, and QEW to the east.
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City
divisions, agencies, and the public for comments. The following summarizes the
comments received to date.
- Niagara Region
The Niagara Region supports the application.
The subject property is near agricultural uses to the west. Regional staff will look
to implement an agricultural warning clause with respect to potential adverse
effects from activities and/or operations on these lands through the future Draft
Plan of Condominium application.
The Niagara Region staff reviewed the Noise Feasibility Study prepared by
Pinchin dated June 8, 2023 and agreed with the recommendations of the noise
warning clauses. The implementation of these mitigation measures can be
addressed through the future draft plan of Condominium application.
The Niagara Region reviewed the landscape concept and will require a
Landscape Plan and details through the future Draft Plan of Condominium
application.
Niagara Region Transportation staff has reviewed the Sight Line review,
prepared by UEM consulting (dated June 7, 2023) and request that an update to
the study be completed through the future Draft Plan of Condominium
application.
Niagara Region Transportation will require a 6 m by 6 m daylight triangle at the
entrance of the proposed private road which can be managed through the future
Draft Plan of Condominium application.
- Ministry Transportation Ontario
The MTO has no objection to the proposal. The MTO will review the proposal in
more detail through the future Draft Plan of Condominium application. A MTO
Page 2 of 12
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Building & Land Use Permit will be required prior to the start of any onsite
construction/works.
- Mississaugas of the Credit First Nation
That a Stage 1 Archaeological Study be conducted on the site to determine its
archaeological potential and that the Stage 1 report be submitted to MCFN
DOCA for review. If it is determined that a Stage 2 is required, MCFN DOCA is
expected to be involved in the field study with MCFN Field Liaison
Representation (FLR) on-site participation. This requirement will be reviewed as
part of a future Draft Plan of Condominium.
- Building and Fire Services, Transportation and Legal Services and Municipal Works
No objections or concerns.
- GIS Services
Have no objections or concerns. Upon completion of the demolition permit, the
original civic addresses will be retired (3090 Montrose Road). At the appropriate
stage in the condominium plan, a new single civic address will be issued. GIS will
require a civic unit plan correlated with the legal unit number.
- Landscape Services
No objections or concerns. An Arborist Report and a Tree Inventory and
Preservation Plan were submitted, and the recommendations of the plan shall be
implemented at the Vacant Land of Condominium application stage.
Parkland dedication provided as Cash-in-lieu at the rate of 5% will be required
Vacant Land of Condominium application stage.
Neighbourhood Comments
The neighbourhood open house was held on November 7, 2023, the agents
representing the applicant were in attendance with no public attendees. One email was
received.
The concern expressed in the email were the single car driveways, very minimal green
space, and inadequate visitor parking.
The proposal provides 8 parking spaces with an additional parking space in each
garage and 4 visitor parking spaces. The requirement is 11 parking spaces, the
Page 3 of 12
Page 434 of 679
proposal provides 12 parking spaces. The single car driveway can be supported as it
provides an additional parking space for visitor parking and there is parking in the
garage for each unit. The overall landscape open space coverage is 43 percent of the
lot area. Regarding green space, the requirement is 45 square metres for each dwelling
unit and the proposal is providing 153.14 square metres for each dwelling unit. Further,
the townhouse dwellings are providing a large landscape area at their rear to meet the
14 m MTO setback requirements. The proposal is providing 4 visitor parking spaces
which is more than the required 3 visitor parking spaces.
Analysis
1. Provincial Policies
The ActPlanning the consistent be to decisions with City requires planning
Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan.
The proposed development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed townhouse dwellings, and semi-detached dwellings, are
appropriate as it will facilitate the development of additional housing units that are
compatible with the surrounding environment and will make efficient use of urban
serviced land; and,
The proposal will provide additional housing options in the City.
2. Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional Official
Plan. Regional Policies direct growth to settlement areas where existing servicing
exists, and a range of housing choices and transportation options can be provided.
The proposed development is within the urban area and contributes to the minimum
intensification target of 50% for all residential units occurring annually within the City
of Niagara Falls.
3. City’s Official Plan
The Official Plan designates the subject land as Residential. The proposal complies
with the intent of the Official Plan as follows:
The proposed development will redevelop an underutilized lot that is currently
used for one detached dwelling which is located within the Built-Up Area and is
located along an arterial road and complies with the allowed 29 units/per hectare;
The proposed development site is supported by full urban services, existing
public roadway frontage and utilities. The site is close to commercial uses, is an
Page 4 of 12
Page 435 of 679
approximate 10-minute walk to the Cardinal Drive bus stop and parkland is
located within the area;
The proposed townhouse dwellings with the semi-detached dwelling allows for a
traditional arrangement of built form with appropriate housing design, outdoor
amenity area and building setbacks;
The proposed housing type will provide a variation in choice to the local market,
and assist in achieving the minimum 50% residential development annually in the
Built-Up area with the increase in density on the subject property;
The owner’s preliminary estimate of the selling price for these units is
approximately $950,000 to $1.1 million for the townhouse units and $900,000 for
the semi-detached units. The owners have not undertaken any type of market
analysis, developed any sales plan or completed detailed design of the proposed
units at this time; and,
The proposed units will not be an affordable price in accordance with the overall
unit price of $539,000 in 2022 for the City of Niagara Falls based on the
applicant’s initial review. The primary reason for the cost of the units is based on
the cost of land and the irregular shape of the property does not make it
conductive to a design that would enable the applicant to construct affordable
units. The irregular shaped lot limits the number of dwelling units that can be
placed on this lot, and costs would be recovered through a fewer number of
units. Further consideration for costs of the units is based on the estimated
approvals, servicing, construction costs, interest carrying costs, construction
related costs, and profit on investment.
4. Zoning By-law
The applicant has requested a site specific R4 zone to allow for the townhouse
dwellings use, add a semi-detached dwelling as a permitted use, and to recognize
the departures of the R4 zone regulations on the subject property.
The departures requested from the standard R4 regulations are summarized in the
following table:
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
(Details to follow)
Add the use of a
semi-detached
dwelling
not permitted
add the semi-
detached dwelling
use, subject to the
regulations of the
townhouse dwelling
support
Minimum lot
frontage for a
townhouse dwelling
30 metres 24 metres support
Page 5 of 12
Page 436 of 679
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
(Details to follow)
containing more
than four dwelling
units
Minimum interior
side yard width 4.75 metres 1.2 metres support
The requested zoning is appropriate as follows:
The addition of the semi-detached dwelling will be similar in size, mass and
appearance to the townhouses and will not disrupt the character of the
development;
The reduction of the lot frontage still provides a 6.30 m wide road, adequate side
yard setbacks to the semi-detached dwelling and additional landscape areas and
visitor parking along the north side of the private road. The width of the property
is at its shortest at the front and expands towards the rear lands;
The reduction for interior side yard width for unit 1 is adjacent to a hydro corridor
which still provides sufficient access to the rear of the lands, with a 1.8 metre
board fence along the north lot line providing privacy and screening;
The reduction for interior side yard width for unit 6 is only at a corner of the
dwelling and then the interior side yard expands. This is due to the built form of
the dwelling which still provides for sufficient access to the rear of the lands and
a 1.8 m board fence will be provided on the south lot line providing privacy and
screening; and,
The reduction for interior side yard width for unit 7 is due to the built form of the
dwelling, creating pinch points. The side yard width still provides for sufficient
access to the rear of the lands and a 1.8 m board fence will be provided on the
south lot line, providing privacy and screening.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposal will generate development charge contributions and provide property tax
revenue for the City.
Strategic/Departmental Alignment
The proposal promotes sustainable growth.
List of Attachments
SCHEDULE 1 - Location Map
SCHEDULE 2 - Site Plan
Appendix A- Draft By-law (Am-2023-024)
Page 6 of 12
Page 437 of 679
AM-2023-024 - Schedule
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 04 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
Page 7 of 12
Page 438 of 679
SCHEDULE 1
(Location Map)
N
Page 8 of 12
Page 439 of 679
SCHEDULE 2
(Site Plan)
Page 9 of 12
Page 440 of 679
CITY OF NIAGARA FALLS
By-law No. 2023- xxxx (DRAFT)
A by-law to amend By-law No. 79-200, to permit the use of the lands for the
development of 6 townhouse dwelling units in 1 block, together with a semi-detached
dwelling. (AM-2023-024).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law
are described in Schedule 1 of this by-law and shall be referred to in this by-law
as the “Lands”. Schedule 1 is a part of this by-law.
2. The Lands shall be identified as a parcel, known as Parcel R4- xxxx.
3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by
this by-law. In the case of any conflict between a specific provision of this by -law
and any existing provision of By-law No. 79-200, the provisions of this by-law are
to prevail.
4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
5. The permitted uses shall be:
(a) For Parcel R4-xxxx, the uses permitted in the R4 zone.
(b) A semi-detached dwelling, in accordance with the regulations contained
in 7.9.2 and in 7.9.3, of By-law 79-200 for a townhouse dwelling.
6. The regulations governing the permitted uses on Parcel R4–xxxx, shall be:
(a) Minimum lot frontage for a townhouse
dwelling containing more than four
units
24 metres
(b) Minimum interior side yard width
1.2 metres
(c) The balance of the regulations specified for a R4 use.
Page 10 of 12
Page 441 of 679
2
7. All other applicable regulations set out in By-law No. 79-200 shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
8. No person shall use the Lands for a use that is not a permitted use.
9. No person shall use the Lands in a manner that is contrary to the regulations.
10. The provisions of this by-law shall be shown on Sheet B2 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from DH to R4 and numbered xxxx.
11. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1. xxxx Refer to By-law No. xxxx
Read a First, Second and Third time; passed, signed, and sealed in open Council
this 12th day of January 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2023\AM-2023-024 - Montrose Road, 3090 (PID# 14473)\8 Report\SCHEDULE 3 - Draft - Bylaw.docx
Page 11 of 12
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K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 11/8/2023
SCHEDULE 1 TO BY-LAW NO. 2023-xxxx (Draft)
Amending Zoning By-law No. 79-200
¯
AM-2023-024
Description:
Applicant: 2855078 ONTARIO INC.
Assessment: 272510000303700
PT TWP LT 45 STAMFORD AS IN RO459801: CITY OF NIAGARA FALLS
R4
xxxx
Area Affected by this Amendment
Page 12 of 12
Page 443 of 679
Address: 3090 Montrose Road
Applicant: 1000441695 Ontario Inc. Agent: Greg Taras
Proposal: Request a site specific R4 zone to permit a semi-detached dwelling and 6-unit
townhouse dwelling
Zoning By-law Amendment Application
AM-2023-024
Page 444 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Location
Page 445 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Proposal: To rezone the subject property to a site-specific Residential Low
Density, Group Multiple Dwellings Zone (R4),
•Official Plan: Land is designated Residential in the Official Plan and
located in the Built-Up Area. The development with provide a density of
28.57 units per hectare which complies within the allowed density of 20 to
40 units per hectare. The development will provide housing options within
the City of Niagara Falls located in the Built-Up Area. The property will
utilize existing municipal infrastructure.
•Zoning: The subject lands are currently zoned Development Holding (DH)
in accordance with Zoning By-law No. 79-200, as amended.
Page 446 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Open House – November 7
Comment/Concerns Staff Response
•No parking on private
streets and only single
car driveways
•The single car driveway can be supported as there are 4
additional parking spaces for visitors parking and parking in
the garage for each unit.Fire Services will review at the plan
of subdivision stage if there is an opportunity to post fire
access route signs on the private street.Page 447 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning Relief
Part 1 - Add the use of
a semi-detached
dwelling to the R4
zone.
Reduce the minimum
lot frontage from 30 m
to 24.22 m. Reduce
the minimum interior
side yard from 4.61 m
to 1.2 m for unit 1 and
1.22 m for unit 6. Page 448 of 679
A GREAT CITY…FOR GENERATIONS TO COME
•That Council approve Zoning By-law amendment as
modified and recommended in report PBD-2023-75
RecommendationRecommendation
Page 449 of 679
Zoning By-law Amendment
8-Unit Residential Development
3090 Montrose Road
Public Meeting –December 12th, 2023
•0.28 ha property fronting on Montrose Road
•Existing single-family residence and accessory buildings on property
to be removed
•Propose 6 townhouse units and a semi-detached dwelling (8 units
total)
•Hydro corridor to north, QEW to east, Montrose Road to west and
new residential subdivision to south
•Public Open House held November 7th, 2023, no members of the
public attended, one comment submitted via email
Page 450 of 679
Proposed Zoning By-law Amendment
•Designated Residential in Official Plan –supports residential
development
•Current Zoning –Development Holding (DH), does not permit any
development without further rezoning (Holding Zone)
•Proposed rezoning to Residential Low Density, Group Multiple
Dwellings (R4) Zone
•Requesting relief from some R4 Zoning requirements to address site-
specific conditions
•14 metre setback required from QEW
Page 451 of 679
Site-Specific Relief Requested from R4 Zone
•Permit a semi-detached dwelling in an R4 Zone
•Reduced minimum lot frontage from 30m to 24.22m
•Reduced minimum interior side yard depth from half the height of the
building (4.61m) to 1.2m
Page 452 of 679
Supporting Studies Completed
•Planning Justification Report –proposed development consistent with
Provincial, Regional and local plans & policies
•Functional Servicing Brief –water, sewer and storm sewer can be
adequately provided/managed. Confirmed by City’s 3rd Party
Infrastructure Modelling
•Noise Study –acoustic barrier wall to be constructed along QEW
•Arborist Report –12 trees on site. 7 to be removed. New trees will be
planted
•Sight-line Review –Minimum sight lines along Montrose Road met to
safely enter/exit development
Page 453 of 679
Page 454 of 679
Page 455 of 679
1
From:Carol Topp <>
Sent:Tuesday, November 7, 2023 2:37 PM
To:Nick DeBenedetti
Subject:[EXTERNAL]-3090 Montrose Road-City File: AM-2023-024
Please be advised that both my husband Gary Topp and myself Carol Topp are opposed to this zoning by-law
application. Single car driveways, very minimal green space and inadequate visitor parking all make this venture
cramped " & unsafe, (we're now experiencing these issues).
If the architect or builder had to physically live in this type/size premises,
I think there might be major rethinking.
Sincerely
Carol Topp & Gary Topp,
Niagara Falls On
Sent from my Galaxy Tab A
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 456 of 679
PBD-2023-72
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
AM-2022-030
Zoning By-law Amendment Application
5809, 5821 and 5829 McLeod Road
Applicant: 1959064 Ontario Inc. (Pathmanathan
Rajasingham)
Agent: Tom Vanle (Vanle Architect Inc.)
Recommendation(s)
That Council approve the Zoning By-law amendment to rezone the property, a site-
specific Residential Apartment 5C Density (R5C) zone to allow for the development of
43 apartment dwelling units in 3 stacked townhouse dwellings with surfaced parking and
garages, subject to the regulations outlined in this report.
Executive Summary
1959064 Ontario Inc. has applied for a Zoning By-law amendment to permit a 43-
apartment dwelling unit stacked townhouse dwelling development. The amendment is
recommended for the following reasons:
The proposed development conforms to Provincial, Regional, and City policies as
it will contribute to the minimum intensification rate of 50% of all residential units
constructed in the City, and will contribute to the diversification of housing by
supplying stacked townhouse dwellings within the urban area; and,
The requested and recommended regulations are appropriate to regulate the
proposed use and ensure the proposed development will be compatible with the
surrounding properties.
Background
Proposal
1959064 Ontario Inc. has requested a Zoning By-law amendment for a parcel of land
totalling approximately 0.42 ha (1.05 ac) as shown on Schedule 1. Schedule 2 shows
details of the proposed development.
Page 1 of 12
Page 457 of 679
The subject property is currently zoned Residential Low Density Grouped Multiple
Dwellings (R4), in accordance with Zoning By-law 79-200, as amended. The applicant
is proposing to rezone the property to a site-specific Residential Apartment 5C Density
Zone (R5C) Zone to facilitate the proposed development.
Site Conditions and Surrounding Land Uses
The subject lands are located on an interior lot on the north side of McLeod Road west
of Ailanthus Avenue. The site is currently vacant. The residential dwellings on the parcel
were removed. The subject land is bounded by McLeod Road on the south, semi-
detached dwellings on the north, townhouses and detached dwellings to the west, and
vacant residential lots to the east.
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City
divisions, agencies, and the public for comments. The following summarizes the
comments received to date.
- Niagara Region
The Niagara Region supports the application.
Niagara Region staff reviewed the land use compatibility study and agreed that
there are no existing industrial facilities located within the minimum separation
distance and existing facilities within the potential influence area are not
expected to present land use compatibility issues;
Niagara Region staff reviewed the noise impact study and indicate noise
mitigation measures including warning clauses will be required as conditions in
the future site plan agreement;
For waste collection, Niagara Region staff reviewed the Concept Plan for the
proposed development and advises that Molok collection is currently not
provided by the Region and will be the responsibility of the owner through private
collection. The site remains eligible for Regional curbside recycling and green bin
collection; and
- Mississaugas of the Credit First Nation
That a Stage 1 Archaeological Study be conducted on the site to determine its
archaeological potential and that the Stage 1 report be submitted to MCFN
DOCA for review. If it is determined that a Stage 2 is required, MCFN DOCA is
expected to be involved in the field study with MCFN Field Liaison
Page 2 of 12
Page 458 of 679
Representation (FLR) on-site participation. This requirement will be reviewed as
part of a future site plan application.
- Building Services, Fire Services and Legal Services
No objections or concerns.
- GIS Services
Have no objections or concerns. The three original addresses will be retired upon
completion of the demolition permits and a new single address with units will be
issued during the site plan/condominium process.
- Municipal Works
No objections or concerns. Prior to the site plan submission, the applicant
requires an updated Functional Servicing Report
- Transportation Services
-
No objections or concerns. A reduction of the parking standard to the 1.25
parking space per unit rate can be supported given that the site is alongside a
transit route.
- Landscape Services
No objections or concerns. A tree survey plan and complete landscape plan shall
be developed by a certified professional conforming to the City of Niagara Falls
Standards as part of the site plan application submission. Parkland dedication
provided as Cash-in-lieu at the rate of 5% will be required prior to issuance of a
building permit.
Neighbourhood Comments
The neighbourhood open house meeting was held on October 23, 2023, attended by
the applicants and agent. No public attendance and no emails received.
Analysis
Page 3 of 12
Page 459 of 679
1. Provincial Policies
The ActPlanning with consistent be to decisions the City requires planning
Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan.
The proposed development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed stacked townhouse dwellings will intensify the land use in the
urban area using existing servicing and infrastructure achieving complete
communities in a manner that maintains and complements the existing and
emerging neighborhood character along a McLeod Road; and,
The proposal will provide additional housing options in the City.
2. Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional Official
Plan. Regional Policies direct growth to settlement areas where existing servicing
exists, and a range of housing choices and transportation options can be provided.
The proposed development is within the urban area and contributes to the minimum
intensification target of 50% for all residential units occurring annually within the City
of Niagara Falls.
3. City’s Official Plan
The Official Plan designates the subject land as Residential. The proposal complies
with the intent of the Official Plan as follows:
The proposed development is located within the Built Up Area and along the
McLeod Road Intensification Corridor complying with the allowed density of 103
units/per hectare;
The intensification is considered moderate with an opportunity to enhance the
McLeod Road corridor through landscape treatments, sidewalks, and appropriate
designed entrances;
The proposed stacked townhouse dwellings allow for a traditional arrangement of
built form with appropriate housing design, drive aisles, outdoor amenity area
and building setbacks;
The proposed housing type will provide a variation in choice to the local market,
addressing housing demands and assist in achieving housing targets;
The average selling price of each unit will be based on the design and location of
the proposal and the market value within the neighbourhood. The proposed initial
Page 4 of 12
Page 460 of 679
unit prices range from $375,000 to $425,000 which will be in the affordable price
range of $539,000 or less in 2022 for the City of Niagara Falls; and,
There are adequate municipal services, and no transportation impacts are
expected.
4. Zoning By-law
The applicant has requested a site specific R5C zone to allow for the stack
townhouse dwellings use and to recognize the departures of the R5C zone
regulations on the subject property.
The the standard R5C regulations, as well as a from departures requested
regulation recommended by staff are summarized in the following table:
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
(Details to follow)
Minimum lot area
100 square metres
for each dwelling
unit
98.5 square metres
for each dwelling
unit
support
Minimum interior
side yard width 6.27 metres 5 metres support
Maximum height of
building or structure 19 metres 13 metres support
Minimum
landscape/open
space
40% 38% support
Minimum parking
standard 1.4 spaces/unit 1.25 parking space
per unit support
Maximum Balcony
projection into the
required side yard
0.45 m 1.6 m support
The requested zoning is appropriate as follows:
The reduction of the minimum lot area for each dwelling unit is considered minor.
The overall site layout allows for an amenity area in the middle of the site with
appropriate landscape strips, parking for the stacked townhouse use with garage
options, and a garbage pick up area for the moloks;
The reduction for interior side yard width on the west side provides for adequate
separation to the existing dwelling and is sufficient to accommodate proposed
landscape treatments;
Page 5 of 12
Page 461 of 679
The reduction of the maximum height of the building is to respect the interior side
width from the west property line and the proposed height is appropriate for the
built form of the building;
The proposed design allows for a centrally located landscaped courtyard being
an outdoor amenity area which compensates for the reduction of the
landscape/open space. The prominent interior courtyard will serve as a natural
gathering space for residents and promote community activities and contribute to
a healthy living environment;
The reduction of the parking standard can be supported to the 1.25 parking
space per unit rate given that the site is alongside a transit route; and,
The proposed increase for the projection of the balconies allows for more
amenity area for the residents.
The requested regulations can be supported for the proposed building height. Planning
staff recommend the building height be limited to what is proposed (13 metres) to
ensure a taller building that may have additional impacts is not built.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposal will generate development charge contributions and provide property tax
revenue for the City.
Strategic/Departmental Alignment
The proposal promotes sustainable growth.
List of Attachments
SCHEDULE 1 - Location Map
SCHEDULE 2 - Site Plan
APPENDIX A - Draft - Bylaw (AM-2022-030)
AM-2022-030 - Schedule 1
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 04 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
Page 6 of 12
Page 462 of 679
Page 7 of 12
Page 463 of 679
SCHEDULE 1
(Location Map)
N
Page 8 of 12
Page 464 of 679
SCHEDULE 2
(Site Plan)
Page 9 of 12
Page 465 of 679
CITY OF NIAGARA FALLS
By-law No. 2023- xxxx (DRAFT)
A by-law to amend By-law No. 79-200, to permit the use of the lands for 3 stacked
townhouse dwellings containing 43 dwelling units. (AM-2022-030).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law
are described in Schedule 1 of this by-law and shall be referred to in this by-law
as the “Lands”. Schedule 1 is a part of this by-law.
2. The Lands shall be identified as a parcel, known as Parcel R5C- xxxx.
3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by
this by-law. In the case of any conflict between a specific provision of this by -law
and any existing provision of By-law No. 79-200, the provisions of this by-law are
to prevail.
4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
5. The permitted uses shall be:
(a) For Parcel R5C-xxxx, the uses permitted in the R5C zone.
6. The regulations governing the permitted uses on Parcel R5C–xxxx shall be:
(a) Minimum lot area 98.5 square metres for
each dwelling unit
(b) Minimum interior side yard width
(i) from the west property line
5 metres
(c) Maximum height of a building or structure 13 metres subject to
section 4
(d) Minimum landscaped open space 38% of the lot area
(e) Minimum number of parking spaces 1.25 parking space for
each dwelling unit
(f) Maximum projection of a balcony 1.6 metres
into the required side yard
(f) The balance of the regulations specified for a R5C use.
Page 10 of 12
Page 466 of 679
2
7. All other applicable regulations set out in By-law No. 79-200 shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
8. No person shall use the Lands for a use that is not a permitted use.
9. No person shall use the Lands in a manner that is contrary to the regulations.
10. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R4 to R5C and numbered xxxx.
11. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1. xxxx Refer to By-law No. xxxx
Read a First, Second and Third time; passed, signed, and sealed in open Council
this 12th day of January 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2022\AM-2022-030 McLeod Road, 5809 (PID# 348988)\9 By-law\Draft - Bylaw - AM-2022-030.docx
Page 11 of 12
Page 467 of 679
1.5m
40m43m50m
52m
83mMcLeod Rd Ailanthus AvHennepin CrSandyRidgeCmMarinelandPy
Frontenac St
K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 10/24/2023
SCHEDULE 1 TO BY-LAW NO. 2023-xxx
Area Affected by this Amendment
Amending Zoning By-law No. 79-200
¯
AM-2023-011
Applicant: 1959064 Ontario Inc.
Assessment: 272503000404000
Description:Plan 67 Lot 27 PT Lot 26
R5C
????
Page 12 of 12
Page 468 of 679
Address: 5809, 5821, 5829 McLeod Road
Applicant: 1959064 Ontario Inc. Agent: Tom Vanle
Proposal: To request a site-specific Residential Apartment R5C Density Zone to permit 3 stacked
townhomes with a total of 43 units.
Zoning By-law Amendment Application
AM-2022-030
Page 469 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Location
Page 470 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Official Plan: Land is designated Residential in the Official Plan and located in the
McLeod Road Intensification Corridor. The development will provide new housing
options within the City of Niagara Falls located in this Corridor. The proposal will
intensify the residential use of the properties and increase the density to 103 units
per hectare. The property will utilize existing municipal infrastructure.
•Zoning: The subject land is currently zoned Residential Group Dwellings (R4) in
accordance with Zoning By-law No. 79-200 as amended.
Page 471 of 679
Open House – October 23
A GREAT CITY…FOR GENERATIONS TO COME
•An open house meeting was held on October 23, 2023. There
were no comments received and no public attendance. Page 472 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning Relief
Increase the balcony
projection into side
yard from 0.45 m to
1.6 m
Reduce the minimum
lot area from 100 sq.
m to 98.46 sq. m/unit.
Reduce minimum side
yard width from 6.27
m to 5 m. Reduce
minimum landscape,
from 40% to 38%.
Reduce parking
standard from 1.4
spaces/unit to 1.25
spaces/unit
Page 473 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
•Land is designated Residential in the Official Plan and located
in the McLeod Road Intensification Corridor.
•The proposal will intensify the residential use of the property
and increase the density.
•The property will continue to utilize existing municipal
infrastructure. Page 474 of 679
A GREAT CITY…FOR GENERATIONS TO COME
•That Council approve Zoning By-law amendment as
modified and recommended in report PBD-2023-72
RecommendationRecommendation
Page 475 of 679
Zoning By-law Amendment Application (AM-2022-030)
APPLICANT : 1959064 ONTARIO INC. (PATHMANATHAN RAJASINGHAM)
PROPOSAL : TO PERMIT 3 STACKED TOWNHOUSE BUILDINGS, 3 -STOREY WIT H A TOTAL OF 43
DWELLING UNITS.
5829, 5821 and 5809 McLeod Road, Niagara FallsPage 476 of 679
5829, 5821 and 5809 McLeod Road, Niagara Falls
Overview
Existing Land is zoned Residential Low Density,
Grouped Multiple Dwellings (R4).
The proposed zoning amendment is requesting
the land be rezoned to Residential Apartment
Density (R5C)zone with site specific regulations.
Proposed development includes:
•3 residential stacked townhouse blocks
•43 Dwelling units
•24 Garage parking & 29 Surface Parking
Semi-Detached
Dwelling
Ex. Single Detached
Dwelling
Single Detached
Dwelling
Semi-Detached
Dwelling
Proposed
Site
Page 477 of 679
5829, 5821 and 5809 McLeod Road, Niagara Falls
Proposed Site-Specific Regulations
Zoning Regulations Existing Proposed
Modification
1. Min. lot Area
/dwelling
100 Sq.m 98.46 Sq.m.
2. Side yard 6.27 m 5 m
3. Min. Landscape 40%38%
4. No. of Buildings 1 3
5. Parking ratio 1.4/unit 1.25/unit
6. Balcony Projection
into side yard
0.45 m 1.6 m
1.
2.
3.
4.
4.
4.
5.
6.Page 478 of 679
5829, 5821 and 5809 McLeod Road, Niagara Falls
Basement Floor Plan
Residential Area
Parking Garage
BLOCK A
BLOCK C
BLOCK B
RAMP ACCESS AS PER
OBC 3.8.3.4.
RAILING CAPABLE TO SUPPORT
FOLDING CHAIR LIFT DESIGN
Page 479 of 679
5829, 5821 and 5809 McLeod Road, Niagara Falls
Ground Floor Plan
Residential Area
BLOCK A
BLOCK C
BLOCK B
RAMP ACCESS AS PER
OBC 3.8.3.4.
RAILING CAPABLE TO SUPPORT
FOLDING CHAIR LIFT DESIGN
Page 480 of 679
5829, 5821 and 5809 McLeod Road, Niagara Falls
Exterior Elevation (3D)
View towards Interior Garden (Block A & Block C)
Front Entrance View (Block A)
Ariel View of SitePage 481 of 679
PBD-2023-78
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
AM-2023-018
Zoning By-law Amendment Application
North of Lyon’s Parkway, between Ort Road and Lyon’s
Creek, partially known municipally as 4949 Lyon’s Parkway
Applicant: Jeff & Craig Corey
Recommendation(s)
That Council approve a Zoning By-law amendment to rezone the subject lands (north of
Lyon’s Parkway, between Ort Road and Lyon’s Creek, partially known municipally as
4949 Lyon’s Parkway) to a Residential 1C Density (R1C) Zone, in part, a site specific
Residential 1C Density (R1C-XX) Zone, in part, and an Environmental Protection Area
(EPA) Zone, in part, to permit 3 detached dwelling units and facilitate conditionally
approved consent applications B-2023-002, B-2023-003 and B-2023-004, subject to
Staff recommendations as outlined in this report.
Executive Summary
The applicant has three conditionally approved consent applications (B-2022-002 to
004, inclusive) to sever the subject lands into three separate properties, with the intent
to construct a detached dwelling unit on each property.
The applicant is proposing:
Part 1 (see Schedule 2) be rezoned a site specific Residential 1E Density (R1E)
zone with a reduced rear yard setback;
Parts 2 and 3 be rezoned a site specific R1E zone to permit reduced lot frontage
and rear yard setback; and,
Part 4 be rezoned an Environmental Protection Area (EPA) zone.
If approved, this will result in 1 retained lot and 2 new lots, each with permissions for 1
detached dwelling. Staff do not support rezoning the lands to a site specific R1E zone,
but rather recommend the residential portion of the subject lands be rezoned a
Residential 1C Density (R1C) zone, subject to the regulations outlined in this report and
for the following reasons:
Page 1 of 21
Page 482 of 679
The recommended R1C zones and EPA zone conforms to Provincial, Regional,
and Local policies, as the natural features on the site (including the 15m buffer)
will be protected;
The submitted EIS was accepted by the Niagara Region and Niagara Peninsula
Conservation Authority and demonstrated the proposed development is outside
of the natural heritage features and will cause no negative impacts to them;
The R1C zone and it associated regulations are appropriate for the conditionally
approved properties and the character of the surrounding neighbourhood; and,
The designated greenfield density targets can be achieved elsewhere in the City.
Background
Proposal
Jeff and Craig Corey have requested a Zoning By-law amendment for lands located
known partially Creek, Lyon’s and Road between Parkway, Lyon’s of north Ort
municipally as 4949 Lyon’s Parkway (see Schedule 1 for a location map and Schedule
2 for a conceptual site plan) to facilitate the three conditionally approved consent
applications on the property (B-2023-002, B-2023-003, and B-2023-004). One of the
conditions of the consent applications is to rezone the lands to the appropriate
Residential and Environmental Protection Zones under Zoning By-law 79-200.
The subject land originally received approval for conditional consent applications to split
the land into three separate parcels in October of 2021. These approvals lapsed as the
conditions were not cleared within the required one-year timeline.
New applications were submitted, and the applicant has since received approval from
the Committee of Adjustment in March of 2023 for conditional consent applications to
split the land into three separate parcels. The approved consent applications have not
changed from their original conditional approvals in 2021.
The subject land is currently zoned Rural, in part, and Conservation – Open Space, in
part, in accordance with Zoning By-law No. 395-1966 (Willoughby), as amended, and a
Residential 1C Density (R1C-618) zone, in part, in accordance with Zoning By-law 79-
200. The applicant is requesting:
Part 1 (see Schedule 2) be rezoned a site specific Residential 1E Density (R1E)
zone with a reduced rear yard setback;
Parts 2 and 3 be rezoned a site specific R1E zone to permit reduced lot frontage
and rear yard setback; and,
Part 4 be rezoned an Environmental Protection Area (EPA) zone.
If approved, this will facilitate the consent applications and permit three detached
dwellings on the property. The boundaries of the proposed zones can be seen in the
attached draft by-law (Appendix A).
Page 2 of 21
Page 483 of 679
Site Conditions and Surrounding Land Uses
The subject lands are bounded by Lyon’s Creek to the north, Lyon’s Parkway to the
east, and Ort Road to the west. To the north of the subject lands is Lyon’s Creek; to the
east are detached dwellings; to the south is a detached dwelling and a treed lot; and to
the west is a detached dwelling and urban boundary line.
The subject land contains trees and is vacant of buildings.
Circulation Comments
Information about the requested Zoning By-law Amendment was circulated to City
divisions, agencies, the Niagara Region, and the public for comments. The NPCA was
not circulated this application as they provided comments through the earlier consent
application process. The NPCA’s comments from the consent applications have been
included. The following summarizes the comments received to date:
Building Services, Business Development, Fire Services, GIS, Municipal Works,
Transportation Services, Urban Design and Landscaping
o No objections or concerns.
Niagara Peninsula Conservation Authority
o No concerns as the proposed lots are outside of the 15 metre Provincially
Significant Wetland (PSW) buffer.
Niagara Region
o No concerns as a copy of the Ministry’s acknowledgement letter for the
addendum report has been received and entered into the Ontario Public
Register of Archaeological Reports.
o Staff reviewed the submitted EIS and are satisfied the development could
avoid negatively impacting the natural features and ecological functions of
the Core Natural Heritage System if mitigation measures were
implemented. A development agreement is required as a condition of each
consent to ensure mitigation measures are implemented at the building
permit stage.
Neighbourhood Comments
The neighbourhood open house was held on October 19, 2023, attended by the
applicants and 4 members of the public. Residents raised concerns regarding tree
removal, installation of services, and a through road.
As a condition of the consent applications, the applicant is required to submit a Tree
Preservation Plan to the Niagara Region for Parts 1 and 2 (see schedule 3 for approved
consent conditions) for review and approval in accordance with the Region’s Woodland
Conservation By-law. The applicant will also be required to provide $900 for the planting
Page 3 of 21
Page 484 of 679
of a boulevard street tree for each newly created lot (Part 1 and Parts 2, 2 trees total,
Parts 3 and 4 are to be retained and are not considered a new lot).
Municipal services are required to be installed for the proposed detached dwellings. The
applicant, as a condition of the approved consent applications, is required to enter into a
development agreement with the City for the extension of municipal services through
the subject lands from Lyons Parkway to Ort Road. The development agreement is to
incorporate mitigation measures required by the Environmental Impact Study submitted
as part of the application.
Each property will have its own driveway access. The driveway for Part 1 and Parts 2
will be from Ort Road. The driveway for Parts 3 and 4 will be from Lyon’s Parkway. No
through street is proposed.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed
development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act by maintaining a 15 metre buffer abutting the
Provincially Significant Wetland; and,
The proposed development is located within a settlement area, which is intended
for development.
2. Regional Official Plan
The subject land is Designated Greenfield Area in the Region’s Official Plan.
Designated greenfield areas are to achieve a minimum density of 50 people and jobs
combined per hectare as measured across the entre region and are planned to be
complete communities. The proposal provides a rate of 28 people and jobs per hectare.
The density target can be met across other designated greenfield areas within the City
of Niagara Falls such as the Grand Niagara Secondary Plan area, which was recently
approved for higher densities.
3. City’s Official Plan
The subject lands are designated Residential, in part, Environmental Protection Area, in
part, and Environmental Conservation Area, in part. The subject lands are also within a
designated greenfield area. If it is proven through a submitted Environmental Impact
Study (EIS) that there are no demonstrated impacts to the natural heritage,
development is permitted in the Environmental Conservation Area designation. The
Page 4 of 21
Page 485 of 679
Environmental Impact Study (EIS) provided with the submission was approved by the
Niagara Region and the Niagara Peninsula Conservation Authority. The EIS has
demonstrated there will be no adverse impacts on any natural heritage features or their
functions. As such, the adjacent Residential designation shall apply over the lands
designated Environmental Conservation Area, which permits the construction of the 3
proposed detached dwellings. There is no development proposed in the Environmental
Protection Area designation.
The proposal complies with the intent of the Official Plan as follows:
The proposed development is located outside of the floodplain, the Provincially
Significant Wetland (PSW), and its 15m buffer;
The implementing Zoning By-law amendment will ensure the floodplain, PSW,
and its 15m buffer are zoned Environmental Protection Area to prohibit any
development on these lands;
The proposed detached dwellings are a permitted use in the residential
designation; and,
The City will be able to meet its minimum density targets for designated
greenfield areas through increased density in other, more suitable locations such
as the Grand Niagara Secondary Plan, where additional density has been
approved, and the proposal allows for the intensification of land to a degree that
continues to protect the natural heritage on site.
4. Zoning By-law
The lands are currently zoned Conservation – Open Space, in part, and Rural, in part,
under Zoning By-law 395-1966 (Willoughby), as well as Residential 1C Density (R1C)
zone, in part, under Zoning By-law 79-200. The applicant requests the lands be placed
under an Environmental Protection Area (EPA) zone over the floodplain, PSW, and its
15m buffer, and two separate site specific Residential 1E Density (R1E) zones to permit
a detached dwelling unit on each conditionally approved property for a total of 3
detached dwelling units (see Schedule 4 for the proposed boundaries of the requested
zoning).
No departures have been requested for the EPA zone. The departures requested from
the standard R1E regulations are summarized in the following tables:
R1E-XX
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
Minimum lot 12 metres 3.0 metres DO NOT SUPPORT
Page 5 of 21
Page 486 of 679
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
frontage
Minimum rear yard
depth 7.5m 1.2m DO NOT SUPPORT
R1E-XY
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
Minimum rear yard
depth 7.5m 1.2m DO NOT SUPPORT
Support
Planning Staff have no objections to the proposed EPA zone as it will capture the
floodplain, PSW, and its 15m buffer.
Do Not Support
Proposed R1E Zone
Planning Staff do not support the proposed residential density zone. The detached
dwellings to the south and on Lyon’s Parkway are zoned an R1C Density zone. As
such, Planning Staff recommend a R1C parent zone for the subject lands, excluding the
lands proposed for EPA, to provide better compatibility with the existing neighbourhood.
The proposed lots will meet the minimum lot area requirement for an R1C zone in
addition to all other regulations, other than lot frontage for two of the proposed lots.
Minimum Lot Frontage
A minimum lot frontage of 3m has been requested due to the irregular shape of the
proposed lots. However, the smallest lot frontage shown on the conceptual site plan is
6.39m. Planning Staff recommends that the requested minimum lot frontage be
increased to 6.3 metres to reflect the proposal, ensure a larger minimum lot frontage is
secured, and to provide a larger entryway for vehicles accessing the property.
Minimum Rear Yard Depth
Page 6 of 21
Page 487 of 679
The intent of the rear yard depth is to provide residents with adequate amenity space. A
rear yard depth of 1.2m will not achieve this intent. The lots are large enough to
accommodate a rear yard depth of 7.5m, and as such, Planning Staff recommend the
full rear yard depth of 7.5m be maintained for the subject lands. If this recommendation
is approved by Council, a site specific zone will not be required for Part 1 identified on
Schedule 2.
Additional Regulations
Staff recommend a 6.3m setback from the south interior lot line be added to the
recommended site specific R1C zone to ensure no buildings or structures are built on
the proposed easement identified on the conceptual site plan. This will not affect
building envelopes.
Please see Appendix A for the draft Zoning By-law amendment.
Operational Implications and Risk Analysis
As a condition of the approved consent applications, the applicant is required to enter
into a development agreement with the City to extend municipal services from Lyon’s
Parkway to Ort Road. The agreement will outline construction details, cost sharing, and
easement requirements.
Financial Implications/Budget Impact
The proposal will generate a new tax assessment, development charges, and cash-in-
lieu of parkland dedication fee for the City.
Strategic/Departmental Alignment
The proposal contributes to environmental sustainability by protecting the floodplain,
PSW, and its 15 metre buffer on the subject lands through the proposed EPA zone.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Conceptual Site Plan
Schedule 3 - Conditional Consent Decisions
Schedule 4 - Requested Zoning Boundaries
Appendix A - Draft Zoning By-law
Written by:
Alexa Cooper, Planner 2
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 01 Dec
2023
Page 7 of 21
Page 488 of 679
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
Page 8 of 21
Page 489 of 679
SCHDULE 1
(Location Map)
Or
t
R
d
Lyon’s Pkwy
Ta
llg
ra
ss
Av
e
Lyon’s Creek
Lyon’s Creek Rd
SUBJECT
LANDS
Page 9 of 21
Page 490 of 679
SCHDULE 2
(Conceptual Site Plan)
Page 10 of 21
Page 491 of 679
DECISION OF THE COMMITTEE OF ADJUSTMENT
File: B-2023-002
In the matter of the Planning Act; Revised Statutes of Ontario, 1990, Chapter P.13 and;
In the matter of an application for consent on behalf of:
Craig Corey
The subject lands are located north of Lyon’s Parkway between Ort Road and Lyon’s Creek. A portion of the subject lands are
known municipally as 4949 Lyon’s Parkway.
Type of Transaction for which application for consent is being made:
Conveyance ☐ Mortgage or Charge ☐ Partial Discharge of Mortgage ☐ Other –
Subject of the Application:
The applicant has submitted three concurrent consent applications. Application B-2023-002 is proposing to convey a parcel of
land (shown as Part 1 with an area of land (shown as Part 1 with an area of 679m2) for the future construction of a single detached
dwelling.
Decision: GRANTED
The above decision is subject to the following condition(s):
1. That the applicant/owner submit a Tree Preservation Plan to the Niagara Region for Part 1, for review and
approval as required under Regional Official Plan Policy 7.B.1.19. The Tree Preservation Plan shall be prepared
in accordance with the Region’s Woodland Conservation By-law (By-law 20-79). The Tree Preservation Plan shall
also conform to the City of Niagara Falls Standards for Site Planning to the satisfaction of the General Manager
of Municipal Works at the City of Niagara Falls.
2. The applicant providing parkland dedication in the form of Cash-in-Lieu at the rate of five (5) percent for the
newly created residential parcels (Part 1).
3. The applicant submitting a detailed design of extension of municipal services, extension of Ort Road, and vehicle
turnaround. The design is to be in accordance with Ministry of the Environment, Conservation, and Parks and
City Engineering Design Guidelines and shall be reviewed and accepted by the Municipal Works Department, to
the satisfaction of the General Manager of Municipal Works, prior to construction. Where servicing extends
through an easement, hard surfaced areas shall be identified at sewer access points and valve chambers
designed to accommodate City maintenance vehicles.
4. The applicant dedicating additional lands required to accommodate the turnaround to the City of Niagara Falls,
free and clear of any mortgages, lien, or other encumbrances. The extent of lands will be determined at time of
detailed turnaround design.
5. The applicant entering into a Development Agreement with the City for the extension of municipal services
through the subject lands from Lyons Parkway to Ort Road. The agreement will outline construction details, cost
sharing, and easement requirements. The development agreement is to incorporate mitigation measures
required by the Environmental Impact Study (EIS).
6. The passing of a Zoning By-law Amendment application and the implementing by-law, in accordance with the
Planning Act, to place Parts 1-6 inclusive under the appropriate Residential Zone and Environmental Protection
Area zone, to the satisfaction of the City of Niagara Falls.
7. Concurrent finalization of Consent Applications B-2023-002, B-2023-003, B-2023-004.
8. The applicant providing $900 for the planting of a boulevard street tree for each newly created lot (Part 1 and
Parts 2 & 4).
9. Submission to the Secretary Treasurer, a paper copy of the electronic registration deed for conveyance of the
subject parcel, together with a digital copy of the deposited reference plan in a geo-referenced format (.dwg or
.shp file format tied to UTM coordinated) for use in the issuance of the Certificate of Consent .
10. The applicant submit a solicitor’s legal undertaking agreeing to register the deed and consent form using
Statement 4048 under the Planning Act in the E-Registration system, and provide a copy of these documents
forthwith after registration.
Reasons:
1. The application conforms to the policies of the Official Plan and Zoning By-law.
2. The decision is consistent with the provisions of subsection 51(24) of the Planning Act, R.S.O. 1990 as amended.
MEMBERS CONCURRING IN DECISION:
SCHEDULE 3
(CONDITIONAL CONSENT DECISIONS)
Page 11 of 21
Page 492 of 679
Frank Franze
Victor Pietrangelo
Tony Baldinelli
DATE OF DECISION: March 28, 2023
Chairman
DATE OF MAILING: March 30, 2023
FINAL DATE OF APPEAL: April 19, 2023 Secretary Treasurer
FINAL DATE TO FULFILL CONDITIONS: March 28, 2025
Planning, Building & Development
Ext. 4239 Fax: 905-356-2354
Working Together To Serve Our Community
(CONDITIONAL CONSENT DECISIONS)
SCHEDULE 3
Page 12 of 21
Page 493 of 679
DECISION OF THE COMMITTEE OF ADJUSTMENT
File: B-2023-003
In the matter of the Planning Act; Revised Statutes of Ontario, 1990, Chapter P.13 and;
In the matter of an application for consent on behalf of:
Craig Corey
The subject lands are located north of Lyon’s Parkway between Ort Road and Lyon’s Creek. A portion of the subject lands are
known municipally as 4949 Lyon’s Parkway.
Type of Transaction for which application for consent is being made:
Conveyance ☐ Mortgage or Charge ☐ Partial Discharge of Mortgage ☐ Other –
Subject of the Application:
The applicant has submitted three concurrent consent applications. Application B-2023-003 is proposing to convey a parcel of
land, Parts 2 & 4 with an area of 906 m2 for the future construction of a single detached dwelling. Parts 3 and 5 will be retained
for future residential use.
Decision: GRANTED
The above decision is subject to the following condition(s):
1. Parts 2 and 4 shall merge in title to become one parcel.
2. That the applicant/owner submit a Tree Preservation Plan to the Niagara Region for Part 2, for review and
approval as required under Regional Official Plan Policy 7.B.1.19. The Tree Preservation Plan shall be prepared
in accordance with the Region’s Woodland Conservation By-law (By-law 20-79). The Tree Preservation Plan shall
also conform to the City of Niagara Falls Standards for Site Planning to the satisfaction of the Ge neral Manager
of Municipal Works at the City of Niagara Falls.
3. The applicant providing parkland dedication in the form of Cash-in-Lieu at the rate of five (5) percent for the
newly created residential parcels (Parts 2 & 4).
4. The applicant submitting a detailed design of extension of municipal services, extension of Ort Road, and vehicle
turnaround. The design is to be in accordance with Ministry of the Environment, Conservation, and Parks and
City Engineering Design Guidelines and shall be reviewed and accepted by the Municipal Works Department, to
the satisfaction of the General Manager of Municipal Works, prior to construction. Where servicing extends
through an easement, hard surfaced areas shall be identified at sewer access points and valve chambers
designed to accommodate City maintenance vehicles.
5. The applicant dedicating additional lands required to accommodate the turnaround to the City of Niagara Falls,
free and clear of any mortgages, lien, or other encumbrances. The extent of lands will be determined at time of
detailed turnaround design.
6. The applicant entering into a Development Agreement with the City for the extension of municipal services
through the subject lands from Lyons Parkway to Ort Road. The agreement will outline construction details, cost
sharing, and easement requirements. The development agreement is to incorporate mitigation measures
required by the Environmental Impact Study (EIS).
7. The applicant submitting an undertaking to permit a registered easement over Parts 4 in favour of the City be
registered on title.
8. The passing of a Zoning By-law Amendment application and the implementing by-law, in accordance with the
Planning Act, to place Parts 1-6 inclusive under the appropriate Residential Zone and Environmental Protection
Area zone, to the satisfaction of the City of Niagara Falls.
9. Concurrent finalization of Consent Applications B-2023-002, B-2023-003, and B-2023-004.
10. The applicant providing $900 for the planting of a boulevard street tree for each newly created lot (Part 1,
Parts 2 & 4).
11. Submission to the Secretary Treasurer, a paper copy of the electronic registration deed for conveyance of the
subject parcel, together with a digital copy of the deposited reference plan in a geo -referenced format (.dwg or
.shp file format tied to UTM coordinated) for use in the issuance of the Certificate of Consent.
12. The applicant submit a solicitor’s legal undertaking agreeing to register the deed and consent form using
Statement 4048 under the Planning Act in the E-Registration system, and provide a copy of these documents
forthwith after registration.
Reasons:
(CONDITIONAL CONSENT DECISIONS)
SCHEDULE 3
Page 13 of 21
Page 494 of 679
1. The application conforms to the policies of the Official Plan and Zoning By-law.
2. The decision is consistent with the provisions of subsection 51(24) of the Planning Act, R.S.O. 1990 as amended.
MEMBERS CONCURRING IN DECISION:
Frank Franze
Victor Pietrangelo
Tony Baldinelli
DATE OF DECISION: March 28, 2023
Chairman
DATE OF MAILING: March 30, 2023
FINAL DATE OF APPEAL: April 19, 2023 Secretary Treasurer
FINAL DATE TO FULFILL CONDITIONS: March 28, 2025
Working Together To Serve Our Community
(CONDITIONAL CONSENT DECISIONS)
SCHEDULE 3
Page 14 of 21
Page 495 of 679
DECISION OF THE COMMITTEE OF ADJUSTMENT
File: B-2023-004
In the matter of the Planning Act; Revised Statutes of Ontario, 1990, Chapter P.13 and;
In the matter of an application for consent on behalf of:
David Bolton and Joanne Cudney
The subject lands are located north of Lyon’s Parkway between Ort Road and Lyon’s Creek. A portion of the subject lands are
known municipally as 4949 Lyon’s Parkway.
Type of Transaction for which application for consent is being made:
Conveyance ☐ Mortgage or Charge ☐ Partial Discharge of Mortgage ☐ Other –
Subject of the Application:
The applicant is proposing to convey a parcel of land (Part 6) from 4949 Lyon’s Parkway to benefit of Parts 3 and Part 5, for
driveway access. Part 7 will be retained for continued residential use.
Decision: GRANTED
The above decision is subject to the following condition(s):
1. Parts 3, 5, and 6 merge in title to become one parcel.
2. The applicant submitting a detailed design of extension of municipal services, extension of Ort Road, and vehicle
turnaround. The design is to be in accordance with Ministry of the En vironment, Conservation, and Parks and
City Engineering Design Guidelines and shall be reviewed and accepted by the Municipal Works Department, to
the satisfaction of the General Manager of Municipal Works, prior to construction. Where servicing extends
through an easement, hard surfaced areas shall be identified at sewer access points and valve chambers
designed to accommodate City maintenance vehicles.
3. The applicant dedicating additional lands required to accommodate the turnaround to the City of Niagara Falls,
free and clear of any mortgages, lien, or other encumbrances. The extent of lands will be determined at time of
detailed turnaround design.
4. The applicant entering into a Development Agreement with the City for the extension of municipal services
through the subject lands from Lyons Parkway to Ort Road. The agreement will outline construction details, cost
sharing, and easement requirements. The development agreement is to incorporate mitigation measures
required by the Environmental Impact Study (EIS).
5. The applicant submitting an undertaking to permit a registered easement over Parts 5 and 6 in favour of the
City of Niagara Falls be registered on title.
6. The passing of a Zoning By-law Amendment application and the implementing by-law, in accordance with the
Planning Act, to place Parts 1-6 inclusive under the appropriate Residential Zone and Environmental Protection
Area zone, to the satisfaction of the City of Niagara Falls.
7. Concurrent finalization of Consent Applications B-2023-002, B-2023-003, B-2023-003.
8. Submission to the Secretary Treasurer, a paper copy of the electronic registration deed for conveyance of the
subject parcel, together with a digital copy of the deposited reference plan in a geo -referenced format (.dwg or
.shp file format tied to UTM coordinated) for use in the issuance of the Certificate of Consent .
9. The applicant submit a solicitor’s legal undertaking agreeing to register the deed and consent form using
Statement 4048 under the Planning Act in the E-Registration system, and provide a copy of these documents
forthwith after registration.
Reasons:
1. The application conforms to the policies of the Official Plan and Zoning By-law.
2. The decision is consistent with the provisions of subsection 51(24) of the Planning Act, R.S.O. 1990 as amended.
MEMBERS CONCURRING IN DECISION:
Frank Franze
Victor Pietrangelo
Tony Baldinelli
(CONDITIONAL CONSENT DECISIONS)
SCHEDULE 3
Page 15 of 21
Page 496 of 679
DATE OF DECISION: March 28, 2023
Chairman
DATE OF MAILING: March 30, 2023
FINAL DATE OF APPEAL: April 19, 2023 Secretary Treasurer
FINAL DATE TO FULFILL CONDITIONS: March 28, 2025
Planning, Building & Development
Ext. 4239 Fax: 905-356-2354
Email: eroupas@niagarafalls.ca
Working Together To Serve Our Community
(CONDITIONAL CONSENT DECISIONS)
SCHEDULE 3
Page 16 of 21
Page 497 of 679
SCHEDULE 4
(Requested Zoning Boundaries)
Page 17 of 21
Page 498 of 679
CITY OF NIAGARA FALLS
By-law No. 2023-XX
A by-law to amend By-law No. 395-1966, By-law No. 2003-078 and By-law No. 79-200,
to fulfill conditions of approval of consent applications B-2022-002 to 004 (inclusive) and
permit 3 detached dwelling units (AM-2023-018).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. None of the provisions of By-law No 395-1966 shall apply to the Lands or prevent
the Lands from being added to and placed under the control of By -law No. 79-200.
3. The Lands shall be identified as three parcels, known as Parcels R1C, R1C -XX,
and EPA.
4. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by this
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
5. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
6. The permitted uses shall be:
(a) For Parcel R1C, the uses permitted in the R1C zone.
(b) For Parcel R1C-XX, the uses permitted in the R1C zone.
(c) For Parcel EPA, the uses permitted in the EPA zone.
7. The regulations governing the permitted uses on Parcel R1C shall be the
regulations specified for a R1C zone.
8. The regulations governing the permitted uses on Parcel R1C-XX shall be:
(a) Minimum lot frontage 6.3 metres
APPENDIX A
(Draft Zoning By-law)
Page 18 of 21
Page 499 of 679
2
(b) Minimum interior side yard width
(i) To the south interior lot line
(ii) To all other interior lot lines
6.3 metres
1.2 metres
(c) The balance of regulations specified for a R1C use.
9. The regulations governing the permitted uses on Parcel EPA shall be the
regulations specified for an EPA zone.
10. All other applicable regulations set out in By -law No. 79-200 shall apply to govern
the permitted uses on the Lands, with all necessary changes in detail.
11. No person shall use the Lands for a use that is not a permitted use.
12. No person shall use the Lands in a manner that is contrary to the regulations.
13. The provisions of this by-law shall be shown on Sheet D7 of Schedule “A” of By-
law No. 79-200 by designating the lands EPA, in part, R1C, in part, R1C-XXX, in
part, and redesignating the Lands from R1C and numbered 618, in part, to R1C
and numbered XXXX, in part.
14. For the purposes of this By-law, none of the provisions of By-law No. 2003-078
shall continue to apply to parcel R1C-XXXX and Schedule 1 to By-law 2003-078
is hereby amended as attached hereto and forming part of this By-law.
15. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1196 Refer to By-law No. 2023-XX.
Read a First, Second and Third time; passed, signed and sealed in open Council
this XX day of MONTH 2023.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2023\AM-2023-018 - Ort Road (PID# 4629)\9 By-law\Bylaw - AM-2023-018.docx
APPENDIX A
(Draft Zoning By-law)
Page 19 of 21
Page 500 of 679
APPENDIX A
(Draft Zoning By-law)
Page 20 of 21
Page 501 of 679
APPENDIX A
(Draft Zoning By-law)
Page 21 of 21
Page 502 of 679
Between Ort Rd & Lyon’s Pkwy, south of Lyon’s Creek
Applicant: Craig & Jeff Corey
Proposal: To permit a total of 3 detached dwelling units on the subject lands
Zoning By-law Amendment Application
AM-2023-018
Page 503 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Location
Ort RdUrban Boundary LineTreed Lot
Treed Lot
Detached
Dwellings
Vacant Lot
Page 504 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Background
•The subject land received conditional approval from the Committee of Adjustment in March
2023 to sever the property into 3 lots.
•Some conditions of consent include:
–The extension of the Ort Road
–The extension of services
–A tree preservation plan for the lots with access from Ort Rd (Part 1 & 2)
–Rezone the land to the appropriate residential and environmental zones
•The applicants have now submitted a Zoning By-law (ZBA) amendment for the subject land
(+/- 1.0ha (2.4 acres)) to facilitate the conditionally approved consent applications.Page 505 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Current Zoning
•The subject lands are zoned Rural, in part, and Conservation – Open Space, in part, under
Zoning By-law 395-1966 (Willoughby), and a site specific Residential 1C (R1C-618) Density
zone, in part, under Zoning By-law 79-200.
CURRENT ZONING
R1C-618
Page 506 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning
•The application requests the subject land be rezoned to two site -specific Residential 1E
(R1E-XX, -XY) Density zones to permit three detached dwellings, in part, and an
Environmental Protection Area zone, in part, under Zoning By-law 79-200.
PROPOSED ZONING
Page 507 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Concept Plan
Page 508 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning – R1E-XX, -XY, & EPA
Min. Rear Yard Depth 1.2m
(Req’d 7.5m)
Min. Lot Frontage 3m
(Req’d 12m)
EPA Zone
Page 509 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Recommended Zoning – R1C, R1C-XY, &
EPA
Min. Rear Yard Depth 7.5m recommended
Min. Rear Yard Depth 1.2m requested
Min. Lot Frontage 6.3m recommended
Min. Lot Frontage 3m requested
EPA Zone
Page 510 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Recommended Zoning
R1C Zone
•An R1C zone is recommended to reflect the zoning of adjacent residential properties. In
addition, the minimum lot frontage and area can be met for Part 1, and the minimum lot area
can be met for Part 2 and 3.
Rear Yard Depth
•A 7.5m rear yard depth is recommended to ensure adequate private amenity space as the
EPA zone is intended for Environmental Protection.
Lot Frontage
•A 6.3m lot frontage is recommended as the concept plan shows it can be met and to ensure
maximum lot frontage can be provided for access to the property.Page 511 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
Concern Staff Response
Extent of Tree
Removal
As a condition of consent, a Tree Preservation Plan must be submitted for
Parts 1 and 2 for review and approval in accordance with the Region’s
Woodland Conservation By-law.
Proper Installation
of Services
As a condition of consent, the applicant must enter into an agreement
with the City for the extension of municipal services through the subject
lands from Lyons Parkway to Ort Road.
A Through Road
from Lyon’s Creek
to Ort Rd
Each property will have its own private driveway access to a public road.
Part 1 and 2 will have access from Ort Rd and Part 3 will have access from
Lyon’s Pkwy. No through street is proposed.
•An Open House was held on October 19, 2023 where the following concerns were received:Page 512 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the proposed Zoning
By-law amendment application with the
recommended modifications outlined in this
presentation and contained in Staff report
PBD-2023-78.Page 513 of 679
PBD-2023-77
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
AM-2023-021, Zoning By-law Amendment
Hawkins Street (PID 4478)
Proposal: To rezone the land to a site specific Residential
Two (R2) zone to permit the development of a semi-detached
dwelling
Applicant: Mario D’Addio (N & J Homes)
Agent: The Biglieri Group Ltd. (Rachelle Larocque)
Recommendation(s)
That Council approve the Zoning By-law amendment as modified in this report to rezone
the property to a site specific Residential Two (R2) zone to permit the construction of a
semi-detached dwelling, subject to the regulations outlined in this report.
Executive Summary
N & J Homes has applied for a Zoning By-law amendment for a vacant parcel of land on
Hawkins Street (PID 4478) to permit the development of a semi-detached dwelling.
The amendment is recommended for the following reasons:
The proposal conforms to Provincial, Regional, and City planning policies as it
will intensify underutilized land within the Built-Up Area, and introduce an
additional housing choice; and,
The requested and recommended provision is appropriate to regulate the
proposed use and to ensure the proposed development will be compatible with
surrounding properties.
Background
N & J Homes has requested a Zoning By-law amendment for a parcel of land totaling
approximately 0.06 hectares (0.15 acres), as shown on Schedule 1. Schedule 2 shows
details of the proposed development.
The subject property is zoned Residential 1C (R1C) Density zone, in part, and
Residential Low Density, Grouped Multiple Dwelling (R4) zone, in part, in accordance
with Zoning By-law No. 79-200, as amended. The applicant is requesting to rezone the
lands to a site specific Residential Two (R2) zone to permit the construction of a semi-
detached dwelling. A future severance application to divide the semi-detached dwelling
along the common wall is proposed. This will allow for freehold ownership of each unit.
Page 1 of 11
Page 514 of 679
Site Conditions and Surrounding Land Uses
The subject property, which is located on the south side of Hawkins Street and to the
east of Adams Avenue, is a vacant parcel of land. The property is situated within a
predominantly low-density residential area, with detached dwellings located to the north,
east, and west of the property. Immediately south of the property is a vacant parcel of
land that is zoned for multi-residential development. Further, a church and a three-
storey apartment building are located to the west and southeast of the property,
respectively.
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City
divisions, applicable agencies, and the public for comment. Staff note that Niagara
Regional Staff requested not to be circulated on the application. The following
summarizes the comments received to date:
Building Services
o Building permit fees and development charges will be assessed during the
review of the building permit application.
Fire Services, GIS Services, Enbridge, Business Development & Municipal
Works
o No objections to the application.
Urban / Landscape Design
o No objections to the application.
o Conditions provided for the future consent application.
Neighbourhood Comments
A neighbourhood open house was held on November 9th, 2023, and was attended by
the applicant’s agents and two (2) residents. Both residents are opposed and indicated
concerns regarding compatibility/privacy, property values, parking, increased traffic and
traffic safety, and the context of development in the neighbourhood.
Staff’s response is as follows:
The building height, lot coverage, and setback regulations are the same for the
existing R1C zone and the proposed R2 zone and remain unchanged through
this proposal. Additionally, the proposed built form is similar to what could be
achieved as-of-right in accordance with the additional dwelling unit regulations;
There is no evidence to suggest that the proposed development will have a
depreciating or deteriorating impact of the property value of adjoining properties;
With respect to on-street parking concerns, Parking Services indicated that on-
street parking is permitted as there are no parking restrictions on Adams Avenue
or Hawkins Street, with the only potential issue being parking too close to a
residential driveway which is enforced on a complaint-basis. No complaints have
been received this year;
Page 2 of 11
Page 515 of 679
A Traffic Impact Study was not required by the City or the Region due to the low
volume of anticipated traffic that will be generated from the proposal.
Transportation Services identified that the proposal would generate traffic
volumes within the expected amount for this road classification and do not expect
a reduced level of service on Hawkins Street;
The intersection of Hawkins Street and Paisley Avenue is controlled by a yield
sign. Transportation Services carried out an assessment and recommends that
the yield sign be replaced with a stop sign at this intersection, as well as at the
intersections of Hawkins Street and Parklawn Crescent, and Hawkins Street and
Whitman Avenue due to insufficient sightlines. Should the Zoning By-law
Amendment be approved by Council and no appeals be received, the sign
change will take place;
Transportation Services did not identify any safety concerns with the location of
the proposed driveways in relation to the tee-intersection of Hawkins Street and
Paisley Avenue as this is typical of residential neighbourhoods. However, the
change to a stop sign will assist with improving traffic safety as drivers
approaching Hawkins Street from Paisley Avenue will now have to perform a
complete stop; and,
The vacant parcel of land to the west / south of the property has Draft Plan
Approval for a Vacant Land Condominium (26CD-11-2019-001) to facilitate the
development of 16 townhouse dwellings. At the time of the previous development
applications, no transportation or traffic concerns were identified by the City or
Region. The addition of two new dwelling units is not anticipated to unduly impact
traffic volumes.
Written comments in support of the proposal were received from one area resident.
However, the resident also identified concerns regarding the condition of roads in this
neighbourhood, including Hawkins Street and Adams Avenue. Staff have forwarded the
comment to Municipal Works for their review and consideration.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the
Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan.
The proposed development is consistent and conforms as follows:
The proposal satisfies matters of Provincial interest as outlined in Section 2
of the Planning Act; and,
The proposed intensification represents a compact built form that promotes a
mix of housing options and the efficient use of underutilized urban land,
municipal services and infrastructure.
2. Regional Official Plan
The subject property is designated Delineated Built-up Area in the Regional Official
Plan. The proposed development conforms as follows:
Page 3 of 11
Page 516 of 679
The development site is located within the urban area and will utilize existing
municipal infrastructure and services; and,
The proposal will assist with achieving the City’s minimum residential
intensification target of 50% occurring annually within the Built-up Area.
3. City’s Official Plan
The City’s Official Plan designates the subject property as Residential. The
proposal complies with the intent of the Official Plan as follows:
The proposed semi-detached dwelling is permitted under the Residential
land use designation that applies to the property;
The proposal will minimize urban land consumption and efficiently uses
underutilized land;
The proposed built form will blend into the surrounding community by
integrating compatibly with the existing lot fabric, streetscape, and housing
forms;
The proposal aligns with the City’s housing policies which promote multi-unit
developments, smaller lot sizes, and the development of underutilized
parcels. Further, the proposal will contribute to and diversify the City’s supply
of housing; and,
There are adequate municipal services, and no traffic / transportation
impacts are expected.
4. Zoning By-law No. 79-200
The applicant has requested for the property to be rezoned to a site specific
Residential Two (R2) zone to permit the development of a semi-detached dwelling
as the current Residential 1C (R1C) Density zone only permits the development of
a detached dwelling.
The departure requested from the standard Residential Two (R2) zone regulations
is summarized in the following table:
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
Minimum lot
frontage
for a semi-
detached
dwelling or a
duplex
dwelling on an
interior
lot
18 metres 15.2 metres SUPPORT
Page 4 of 11
Page 517 of 679
The requested regulation can be supported for the following reasons:
The reduction to the minimum lot frontage can be supported as the reduction is
minor. Further, the building height, lot coverage, and setback regulations are the
same for the existing R1C zone and the proposed R2 zone and remain
unchanged through this proposal. As such, the proposal is not anticipated to
negatively impact adjacent properties;
The applicant has demonstrated that a semi-detached dwelling that complies
with all other regulations of the R2 zone (setbacks, height, parking, landscaped
open space, and lot coverage), can be accommodated on the lot;
The proposal complies with the Special Building Setback regulation which
ensures that the existing streetscape is maintained by aligning the front yard
depth of the proposed semi-detached dwelling with the existing front yard depths
of the adjacent properties;
The property is a whole lot within a registered Plan of Subdivision and is
consistent with the surrounding lot fabric; and,
The proposal allows for infill development and intensification within the Built-up
Area. New infill development will often result in smaller lot areas and frontages,
which remains consistent with new development throughout the City and aligns
with policy objectives.
Staff recommend that the amending by-law include a regulation that requires any
attached private garages to be set back an additional 3 metres from the main wall of the
dwelling. This will implement urban design best practices which seek to maintain the
existing streetscape and ensure that the garages are not prominent features. A copy of
the draft amending by-law is attached as Appendix A.
Operational Implications and Risk Analysis
There are no operation implications associated with this proposal.
Financial Implications/Budget Impact
The proposed development will provide cash-in-lieu of parkland dedication,
development charges, and new tax assessments to the City.
Strategic/Departmental Alignment
Although this proposal does not directly align with the Pillars of the 2023-2027 Strategic
Plan, it does support the achievement of a liveable community.
List of Attachments
Schedule 1 - Location Map
Schedule 2- Conceptual Site Plan
Schedule 3 - Conceptual Elevations
Appendix A - Draft By-law
Written by:
Page 5 of 11
Page 518 of 679
Danielle Foley, Planning Student
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 01 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 05 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
Page 6 of 11
Page 519 of 679
Schedule 1
Location Map
Page 7 of 11
Page 520 of 679
Schedule 2
Conceptual Site Plan
Page 8 of 11
Page 521 of 679
Schedule 3
Conceptual Elevations
Page 9 of 11
Page 522 of 679
Appendix A
CITY OF NIAGARA FALLS
By-law No. 2024-0XX
A by-law to amend By-law No. 79-200, to permit a semi-detached dwelling (AM-2023-
021).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The Lands shall be identified as a parcel, known as Parcel R2-1222
3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by this
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
5. The permitted uses shall be the uses permitted in the R2 zone.
6. The regulations governing the permitted uses shall be:
(a) Minimum lot frontage for a semi-
detached dwelling on an interior
lot
15.2 metres
(b) Minimum front yard depth for an
attached private garage
3 metres step back
from the front main wall
of the dwelling
(c) The balance of regulations specified for the R2 zone.
Page 10 of 11
Page 523 of 679
7. All other applicable regulations set out in By-law No. 79-200 shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
8. No person shall use the Lands for a use that is not a permitted use.
9. No person shall use the Lands in a manner that is contrary to the regulations.
10. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R1C, in part, and R4, in part, to
R2 and numbered 1222.
11. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1222 Refer to By-law No. 2024-0XX.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 23rd day of January, 2024.
.................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 11 of 11
Page 524 of 679
Address: Hawkins Street (PID 4478)
Applicant: Mario D’Addio (N & J Homes)
Proposal: To rezone the land to a site specific Residential Two (R2) Zone to permit the development of a semi-
detached dwelling with reduced lot frontage.
Zoning By-law
Amendment Application
AM-2023-021 Page 525 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Location
Detached
Dwellings
Church
Detached
Dwellings
Proposed
Development
Vacant Land
3-storey
Apartment
Building
Page 526 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Approximately 0.06 ha of land
•Official Plan
–Designated Residential
•Zoning By-law No. 79-200
–Zoned Residential 1C (R1C) Density Zone, in part, and Residential Low Density, Grouped
Multiple Dwelling (R4) Zone, in part
–Application to rezone the subject lands to a site specific Residential Two (R2 -XX) Zone to
permit a semi-detached dwelling
–Zoning relief requested for a reduced lot frontage Page 527 of 679
Proposed Zoning Relief -R2-XX
Min. Lot Frontage
Proposed: 15.2 m
Required: 18.0 m
Min. Front Yard
Depth for Attached
Private Garage
Proposed: 3 m
step back from
front main wall of
dwelling
Staff Recommendation:Page 528 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Conceptual
Elevations
Page 529 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
•Public Information Open House was held on November 9,
2023. Two members of the public attended:
Concern Staff Response
Compatibility •Height, setbacks, lot coverage and built form consistent with what
could be achieved as-of-right
Parking •On-street parking is permitted. Issues of parking too close to a
driveway is enforced on a complaint basis
Traffic
Volumes &
Safety
•Low volume of traffic anticipated to be generated by the proposal
•Transportation Services recommend replacing the yield sign with
a stop sign at intersections along Hawkins Street
•Proposed driveway locations do not pose safety concerns
Property
Values
•No evidence to suggest that the proposal will have a negative
impact on property values Page 530 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
•Written comments in support of the proposal were received
from one member of the public.
o Concerns raised regarding the poor condition of Hawkins Street and
Adams Street
o Comments forwarded to Municipal Works for their review &
consideration
Page 531 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
That Council approve the Zoning By-law
Amendment to permit the development of a
semi-detached dwelling, subject to the
modifications and regulations outlined in
Report No. PBD-2023-77.Page 532 of 679
Hawkins Road, Niagara Falls
Plan 226, Lot 133
Owner: N&J Homes
Public Open House Presentation
December 12, 2023
Page 533 of 679
Source:Microsoft Bing Maps,2022
OVERVIEW OF SUBJECT
SITEPage 534 of 679
OVERVIEW OF SUBJECT SITE -SURROUNDING
LANDSPage 535 of 679
OVERVIEW OF SUBJECT SITE –ZONING AND
OFFICIAL PLAN
Niagara Regional Official Plan
The site is designated as a Delineated Built-Up Area under the Regional Structure Mapping.
Niagara Falls Official Plan
The site is designated as Residential under the Land Use Mapping.
Zoning By-law
The site is currently zoned as Residential 1C Density Zone (R1C) and Residential Low
Density, Group Multiple Dwelling Zone (R4). Page 536 of 679
PROPOSED DEVELOPMENTPage 537 of 679
PROPOSED DEVELOPMENTPage 538 of 679
Zoning By-law Amendment –
submitted and under review
Rezone the subject site from Residential 1C
Density Zone (R1C) and Residential Low
Density, Group Multiple Dwelling Zone (R4) to
Residential Two Zone with exception (R2-xx).
Allow for a site-specific exception is to allow
for a lot frontage of 15.2 metres.
Future Applications
Severance Application
PLANNING APPLICATIONPage 539 of 679
Page 540 of 679
1
From:Mark I <
Sent:Monday, November 13, 2023 5:16 PM
To:Danielle Foley
Subject:[EXTERNAL]-ZBA - Hawkins Street (File: AM-2023-021)
Hi Danielle,
I live in Hawkins Street near this property. I am in support of the proposal. I think it’s a great to introduce new
compatible housing forms to the neighbourhood.
However, I would also like to mention that Hawkins Street and Adams Street are in poor condition, particularly in the
area where the semi is proposed, along with numerous other streets in this neigjbourhood. The streets have been cut
and patched numerous times over the past 60+ years. Crews are out patching the streets all year round. When the semi
is constructed, Hawkins Street will need to cut again for the new service connections.
I contacted the City a couple years ago with a request to have these streets considered for resurfacing in an upcoming
capital budget. I know this is beyond the scope of the ZBA but wanted my comment on record and would appreciate it
being forwarded to the Engineering Department for consideration.
Thanks,
Mark
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 541 of 679
PBD-2023-76
Report
Report to: Mayor and Council
Date: December 12, 2023
Title:
AM-2023-017, Official Plan & Zoning By-law Amendment
8004 Lundy’s Lane
Proposal: To increase the maximum density and rezone the
property to a site specific R5F zone to permit 87 dwelling
units within two existing buildings
Applicant: 11464857 Canada Inc. (Samuel Karamanis)
Agent: Azar Davis (Zelinka Priamo Ltd.)
Recommendation(s)
That Council approve the Official Plan and Zoning by-law Amendment as modified in
this report to permit 87 dwelling units within two existing buildings, subject to the
regulations outlined in this report.
Executive Summary
11464857 Canada Inc. has requested an Official Plan and Zoning By-law Amendment
to permit 87 dwelling units within two existing buildings. Approval of the application is
recommended, subject to Staff’s modifications as detailed in this report for the following
reasons:
The proposal meets Provincial, Regional, and local policies as it makes efficient
use its meeting in City the assist the Area, Built-Up within land of will
intensification targets, and will provide additional housing choices for residents;
The requested site-specific residential zone will recognize an existing built form
that has achieved a degree of compatibility with the surrounding area;
Of the proposed dwelling units, 61% (53 units) are proposed to be rented at a
rate which would be considered affordable to low-income households, as per the
City’s Housing Strategy, and secured for a minimum period of 10 years through
an agreement with the Canadian Mortgage and Housing Corporation (CMHC);
and,
By replacing surplus parking spaces in the front yard with landscaping, the
proposal will conform with the objectives of the Lundy’s Lane Satellite District
Area and Intensification Corridor.
Page 1 of 13
Page 542 of 679
Background
11464857 Canada Inc. has requested an Official Plan and Zoning By-law Amendment
for a parcel of land totaling approximately 0.53 hectares as shown on Schedule 1.
Schedule 2 shows the details of the proposal.
The subject land is designated Tourist Commercial under the City’s Official Plan and is
within the Lundy’s Lane Satellite District Area and Intensification Corridor which permits
standalone residential uses and a maximum density of 100 units per hectare. The
applicant is requesting to place the lands under a Special Policy Area to permit a
maximum density of 166 units per hectare.
The land is zoned site-specific Residential Apartment 5C Density (R5C-1078) zone, in
accordance with Zoning By-law No. 79-200, as amended by By-law No. 2018-120.
The applicant is requesting that the lands be rezoned to a site-specific Residential
Apartment 5F Density (R5F) zone to permit 87 dwelling units within the existing
buildings on site. Site-specific regulations are proposed to recognize the existing
building footprints including minimum front yard depth, minimum rear yard depth,
minimum interior side yard width, maximum lot coverage, and maximum number of
apartment dwellings on one lot. The application also requests a reduction to the
minimum number of parking spaces, minimum amenity space, minimum landscaped
open space, and to permit parking in the front yard.
Site Condition, History and Surrounding Land Uses
The subject land currently contains two buildings that formerly operated as a 91-unit
motel known as the Carriage House Motor Inn. In 2018, the land was subject to a
Zoning By-law Amendment application (AM-2018-013), which rezoned the land through
By-law No. 2018-120 from Tourist Commercial (TC) zone to a site-specific Residential
5C (R5C(H)-1078) zone to permit long-term residential tenancy. In 2021 the holding (H)
provision was removed following the submission of an Environmental Site Assessment
and Record of Site Condition to the satisfaction of the City and Niagara Region.
At the time of the 2018 rezoning application, the two motel buildings were proposed to
be renovated to convert the 91 motel rooms into 52 dwelling units for long-term
residential tenancy. Upon purchase of the lands by the applicant in March 2023, 87
units were being utilized for long term tenancy.
The subject land is surrounded by detached dwellings and commercial uses to the
north, a commercial plaza to the west, the Fullerton Manor Inn to the east, and
Westlane Secondary School to the south.
Page 2 of 13
Page 543 of 679
Circulation Comments
Information about the requested Official Plan and Zoning By-law Amendment
application was circulated to City divisions, agencies, and the public for comments. The
following summarizes the comments received to date:
Regional Municipality of Niagara
o Regional Staff are satisfied that the proposed application is consistent with
the Provincial Policy Statement and conforms to Provincial and Regional
plans.
o A Preliminary Environmental Noise Report, prepared by Jade Acoustics
Inc. (April 2018) was completed in support of the previous Zoning By-law
Amendment on the subject property (AM-2018-013). The Report
concluded that sound levels exceed the Ministry’s Noise Guidelines and
that consultant noise the by recommended are measures mitigation
including mandatory air conditioning, warning clauses, and review of
architectural plans by an acoustical consultant. Regional Staff recommend
that the mitigation measures outlined in the previous Study be
implemented through the future Site Plan Control application.
Building Services, Fire Services, GIS Services, Legal Services, Business
Development
o No objections to the application.
Urban Design & Landscape Services
o The Lundy’s Lane Satellite District Area and associated design guidelines
encourage an improved and attractive streetscape along Lundy’s Lane
through landscaping and the accommodation of parking within internal
parking courtyards or rear parking lots.
o It is recommended that the existing parking spaces closest to Lundy’s
Lane are removed and replaced with landscape areas including planting
beds.
o Cash-in-lieu of parkland dedication will be required at the Site Plan Control
stage.
Municipal Works
o No objections to the application.
o A Parking Demand Study was prepared by Paradigm Transportation
Solutions Limited (August 2023) in support of the requested parking rate
of 0.66 parking spaces per dwelling unit. The Study concluded that the
maximum parking rate derived for the subject land was 0.51 parking
Page 3 of 13
Page 544 of 679
spaces per dwelling unit over a four-day period. A nearby property (7280
Lundy’s Lane) that went through a similar hotel/motel conversion was also
studied and yielded a maximum parking rate of 0.58 parking spaces per
dwelling unit over a four-day period. Given the Study’s findings and the
affordable nature of the proposal, Transportation Staff can support the
site-specific parking rate of 0.66 parking spaces per dwelling unit.
o Transportation Staff would support a further reduction to the parking rate
to enable the three parking spaces located closest to Lundy’s Lane to be
converted to landscaping. This would result in a parking rate of 0.62
parking spaces per dwelling unit which remains in alignment with the
findings of the Parking Demand Study and Transportation Staff’s research
on affordable housing parking rates.
o The site is serviced by the WEGO red line which operates on Lundy’s
Lane.
Neighbourhood Comments
A neighbourhood open house was held on November 8th, 2023 and was attended by
the applicant and their agents.
No written comments have been received from the public to date.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The
proposed development is consistent and conforms as follows:
The proposed development satisfies matters of Provincial interest as outlined in
Section 2 of the Planning Act;
The proposed development is within a settlement area, is transit supportive, will
accommodate of creation the to affordable will and housing, a contribute
complete community as it is within walking distance to existing commercial uses;
and
The proposed intensification / redevelopment represents an efficient use of an
underutilized parcel that will utilize existing municipal infrastructure and services.
2. Regional Official Plan
The subject land is designated Delineated Built-up Area in the Niagara Official Plan
(NOP). The proposal conforms as follows:
Page 4 of 13
Page 545 of 679
The subject land is within the Urban Area and will utilize existing municipal
infrastructure and services;
The proposal will contribute to the intensification target of 50% for the Built-Up
Area of Niagara Falls; and,
The proposal will assist in providing a diverse range of housing types and unit
sizes to accommodate current and future market-based and affordable housing
needs.
3. City Official Plan
The subject land is designated Tourist Commercial and is located within the Lundy’s
Lane Satellite District Area and Intensification Corridor. Standalone residential uses are
permitted within the intensification corridor provided that they do not exceed 6 storeys in
height or a density of 100 units per hectare. The applicant is requesting to place the
property under a special policy area to permit a max density of 166 units per hectare.
When considering an Official Plan Amendment, Council is to consider the conformity of
the proposal with the general objectives of the Plan, the suitability of the site or area for
the proposed use, the compatibility of the proposed use with adjacent land use
designations, the need for the use, the availability of adequate municipal services and
facilities for the proposed use, and its financial implications.
The proposal conforms with the intent of the Official Plan as follows:
Standalone residential uses and the existing building height of 2 storeys are
permitted in the Lundy’s Lane Intensification Corridor;
The existing buildings are located on lands that front onto an arterial road, are on
an existing transit route, and are located in close proximity to commercial uses;
Both transportation and municipal infrastructure have adequate capacity to
accommodate the proposal;
the with compatibility of degree a achieved has form built existing The
surrounding area, provides enhanced amenity area, and will create additional
housing choices for residents;
The proposal will increase the supply of rental housing. The applicant has
indicated that 53 of the 87 dwelling units (61%) will have an estimated rental rate
of $759 - $1,045 per month which would be considered affordable to low-income
households with an annual income of $45,300 or less as per Table 3-2 of the
City’s Housing Strategy. The 53 dwelling units are proposed to be secured for a
minimum period of 10 years through a future financing agreement between the
Owner and the Canadian Mortgage and Housing Corporation (CMHC) that will be
registered on title; and,
The remainder of the dwelling units are proposed to be provided at a market rate
of approximately $1,400 per month. These estimated rental rates would not be
considered City’s affordable to low-income households under the Housing
Strategy. However, they would be considered affordable to moderate income
Page 5 of 13
Page 546 of 679
households with an approximate annual income of $60,000 - $95,900 as per
Table 3-2 of the City’s Housing Strategy.
The proposal does not conform with the intent of the Official Plan as follows:
The Lundy’s Lane Satellite District and associated design guidelines encourage
an improved and attractive streetscape along Lundy’s Lane through landscaping
and the accommodation of parking within internal parking courtyards or rear
parking lots.
Policy 4.2.29(c) of the Lundy’s Lane Satellite District states that front yard
surface parking is to be limited to one row. Further, Policy 4.2.31(g) of the
Lundy’s is parking surface where corridor states Intensification Lane that
provided, the parking area shall have a landscaped perimeter of a depth and
intensity that effectively buffers it from adjacent uses and streets.
To implement the Official Plan, Zoning By-law No. 79-200 restricts parking in the
front yard unless a 3-metre-wide landscape open space strip is provided, or a 1-
metre-high decorative wall / fence is provided in conjunction with a 1.5-metre-
wide landscape open space strip. The applicant has requested an amendment to
this regulation to permit / recognize three existing parking spaces (denoted as
spaces 1, 38, and 57 on Schedule 2) in the front yard where no landscape strip
or decorative fence currently exists. Given that a further reduction to the parking
rate is supported by the Parking Demand Study and City Transportation
Services, Staff recommend that the three existing parking spaces closest to
Lundy’s Lane be removed and replaced with landscape areas to bring the
proposal into conformity with the City’s Official Plan.
4. Zoning By-law 79-200
The subject land is zoned site-specific Residential Apartment 5C (R5C-1078) zone, in
accordance with Zoning By-law No. 79-200, as amended. The applicant has requested
to rezone the land to a site-specific Residential 5F (R5F) Zone to permit 87 dwelling
units within the two existing buildings.
The departures requested from the standard R5F regulations are summarized in the
following table:
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
Minimum Front
Yard Depth
7.5m + 13.1m from
ROW CL
5.0m + 18.8m from
ROW CL (existing) SUPPORT
Minimum Rear
Yard Depth 10m 1.80m (existing) SUPPORT
Minimum Interior 1.85m 0.9m (existing)
Page 6 of 13
Page 547 of 679
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
Side Yard Width
(easterly side yard)
SUPPORT
Maximum Lot
Coverage 30% 33% (existing) SUPPORT
Maximum Number
of Buildings on One
Lot.
1 2 (existing) SUPPORT
Minimum Amenity
Area 1,740m2 290m2 SUPPORT
Minimum Parking
Space Requirement
1.4 spaces per
dwelling unit
0.66 spaces per
dwelling unit
SUPPORT A
FURTHER
REDUCTION
Minimum
Landscaped Open
Space
55% 15% DO NOT SUPPORT
Parking in a Front
Yard
Not permitted
without a 3- metre-
wide landscape
open space strip or
a 1-metre-high
decorative wall /
fence and 1.5-
metre-wide
landscape open
space strip
Parking spaces are
permitted in front
yard
DO NOT SUPPORT
Seven of the requested regulations can be supported for the following reasons:
The applicant has requested several site-specific regulations to recognize the
two existing buildings on the subject lands including a reduction to the minimum
front yard depth, minimum rear yard depth, minimum interior side yard width, and
an increase to maximum lot coverage and maximum number of buildings on one
lot. The proposed regulations can be supported as they seek to recognize the
existing buildings on the property which have already achieved a degree of
compatibility with the surrounding area and land uses and does not interrupt the
continuity of the existing tourist commercial area;
The requested reduction to the minimum amenity area can be supported as the
proposal maximizes the available opportunities to incorporate amenity space
within the existing site by enhancing the outdoor courtyard amenity space and
providing two new indoor amenity areas for tenants;
Page 7 of 13
Page 548 of 679
The requested parking rate of 0.66 parking spaces per dwelling unit is supported
by Transportation Services Staff and the Parking Demand Study that was
submitted as part of the application. However, both the submitted Parking
Demand Study and City Transportation Services Staff support a further reduction
in the parking rate to 0.62 parking spaces per dwelling unit. As such, Staff
recommend that the amending by-law include a minimum parking rate of 0.62
parking spaces per dwelling unit. This will allow the three existing parking spaces
closest to Lundy’s Lane to be replaced with landscaping in alignment with the
intent of the City’s Official Plan and Zoning By-law as outlined below.
Two of the requested regulations cannot be supported for the following reasons:
The proposed amendment to permit three existing parking spaces in the front
yard without the required landscaping and treatment(s) is not supported by Staff
as it does not conform with the policies of the Lundy’s Lane Satellite District and
Intensification Corridor under the City’s Official Plan. The submitted Parking
Demand Study, and City Transportation Services, support a further reduction in
the parking rate to 0.62 parking spaces per dwelling unit. This would allow for the
three existing parking spaces in the front yard to be replaced with landscaping
and thus meeting the intent of the City’s Official Plan and Zoning By-law.
The requested reduction to the minimum landscape open space area from 55%
to the maximize to opportunity an is supported as be cannot 15% there
landscaped area on site by removing the three surplus parking spaces in the
front yard. The additional landscaping results in a minimum landscaped open
space area of 16% that can be provided, which is staff’s recommendation.
Staff recommend that the amending by-law include a regulation that limits the maximum
building height of the existing buildings to 8 m. This will ensure that the existing building
height is maintained relative to the existing setbacks, as the standard R5F zone permits
a building height of 28 m.
Furthermore, Staff recommend that the amending by-law include regulations that limit
the front yard depth for a porte-cochère to 0.13 m and the westerly interior side yard
width of the existing building to 1.69 m to reflect existing conditions. A copy of the draft
amending by-law is attached as Appendix A.
Operational Implications and Risk Analysis
There are no operational implications associated with this proposal.
Financial Implications/Budget Impact
The proposed development will result in a modified tax assessment and Development
Charges may be applicable.
Page 8 of 13
Page 549 of 679
Strategic/Departmental Alignment
While this proposal does not directly align with the Pillars of the 2023-2027 Strategic
Plan, it does support the achievement of a liveable community.
List of Attachments
Schedule 1
Schedule 2
Appendix A
Written by:
Scott Turnbull, Planner 1
Mackenzie Ceci, Senior Planner (Current Development)
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 05 Dec
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 06 Dec
2023
Jason Burgess, CAO Approved
- 06 Dec
2023
Page 9 of 13
Page 550 of 679
Schedule 1
(Location Map)
Page 10 of 13
Page 551 of 679
Schedule 2
(Site Plan)
Page 11 of 13
Page 552 of 679
CITY OF NIAGARA FALLS
By-law No. 2024-XXX
A by-law to amend By-law No. 79-200, to permit 87 dwellings units within two existing
two-storey buildings (AM-2023-017).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by this
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be the uses permitted in the R5F zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum front yard depth
i. For a porte-cochère
ii. For any other building or
structure
0.13 metres as existing on the date
of the passing of this by-law
5 metres, plus any applicable
distance specified in section 4.27.1
(b) Minimum rear yard depth 1.8 metres
(c) Minimum interior side yard width
i. Westerly side yard 1.69 metres
ii. Easterly side yard
0.95 metres
(d) Maximum lot coverage
33%
Page 12 of 13
Page 553 of 679
(e) Maximum height of building or
structure
8 metres
(f) Number of apartment dwellings
on one lot
2
(g) Minimum number of parking
spaces
0.62 parking spaces for each
dwelling unit
(h) Minimum landscaped open
space
16% of lot area
(i) Minimum amenity space for an
apartment dwelling unit
3.33 square metres per dwelling unit
(j) The balance of regulations for an R5F Zone.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheet B4 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R5C and numbered 1078 to R5F
and numbered 1223.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19-1-1223 Refer to By-law No. 2024-XXX.
11. By-law No. 2018-120 is repealed.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 23rd day of January, 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 13 of 13
Page 554 of 679
Address: 8004 Lundy’s Lane
Applicant: 11464857 Canada Inc. (Samuel Karamanis)
Proposal: Official Plan and Zoning By-law Amendment application to permit 87 dwelling units within two existing
buildings
Official Plan & Zoning By-law
Amendment Application
AM-2023-017 Page 555 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Location
Commercial
Plaza & Gas
Bar
Fullerton
Manor Inn
Subject
Property Westlane
Secondary
School
Commercial
Plaza
Low-density
residential
and
commercial
uses
Page 556 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Background
Official Plan
•Designated Tourist Commercial in the City’s Official Plan
o Within the Lundy’s Lane Satellite District and Intensification Corridor
o Maximum density of 100 units / ha permitted
o Proposal to place the lands under a Special Policy Area to permit a
maximum density of 166 units / ha
Zoning
•Zoned site-specific Residential Apartment 5C Density (R5C-1078)Zone
•Proposal to rezone the lands to a site-specific Residential Apartment 5F Density
(R5F-XXX)Zone to permit 87 dwelling units within the two existing buildings
Page 557 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Page 558 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief -R5F-XX
Parking in a Front Yard
Proposed: Permitted in
front yard
Required: Not permitted
without a 3-m wide
landscape strip or a 1-m
high decorative wall /
fence and a 1.5-m wide
landscape strip
Max. Number of Buildings
Proposed: 2 (existing)
Required: 1
Min. Rear Yard Depth
Proposed:1.8 m (existing)
Required: 10 m
Min. Amenity Area
Proposed: 290 m2 per unit
Required: 1,740 m2 per unit
Min. Landscaped Open
Space
Proposed: 15 %
Required: 55 %
Min. Interior Side Yard Width
Proposed: 0.9 m (existing)
Required: 1.85 m
No. of Parking Spaces
Proposed: 0.66 spaces per
dwelling unit
Required: 1.4 spaces per
dwelling unit
Max. Lot Coverage
Proposed: 33 % (existing)
Required: 30 %
Min. Front Yard Depth
Proposed: 5 m + 18.8 m
(existing)
Required: 7.5 m + 13.1 m
Page 559 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
•Public Information Open House was held on November 8th,
2023
•No members of the public attended, and no written
comments have been received
Page 560 of 679
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
That Council approve the Official Plan and
Zoning By-law Amendment to permit 87
dwelling units within two existing buildings,
subject to the modifications and regulations
outlined in Report No. PBD-2023-76.Page 561 of 679
CITY OF NIAGARA FALLS
By-law No. 2023 - 117
A by-law to amend By-law 2019-004, Council’s Procedural by-law, with respect to the
yearly Schedule of Meetings.
WHEREAS Section 5.1 of the Procedural By-law states that all regular meetings of
Council shall be held according to the schedule to be set annually and approved by
Council.
WHEREAS Council has approved the 2024 Schedule of meetings by way of approval of
report CLK-2023-07, 2024 Council Schedule.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 . That Schedule “A” attached hereto be adopted to reflect the 2024 Council Meeting
Schedule.
2. That the Council Meetings be scheduled to start at 3:00pm on the applicable dates
as noted in the attached schedule, with the exception of:
July 16, 2024 at 1:00pm as part of the Summer Schedule
August 13, 2024 at 1:00pm as part of the Summer Schedule
December 10, 2024 at 1:00pm, as it is the last meeting until the new year
Read a first, second and third time and passed.
Signed and sealed in open Council on this 12th day of December, 2023
............................................................... ........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 562 of 679
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
JANUARY FEBRUARY MARCH
2024
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APRIL MAY JUNE
JULY AUGUST SEPTEMBER
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Page 563 of 679
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-ACTION REQUIRED - Applications - Niagara Transit Commission Public
Advisory Committee
From: Norio, Ann-Marie <Ann-Marie.Norio@niagararegion.ca>
Sent: Thursday, November 16, 2023 11:08 AM
To: Bill Matson <billmatson@niagarafalls.ca>
Subject: [EXTERNAL]-ACTION REQUIRED - Applications - Niagara Transit Commission Public Advisory Committee
Good morning Bill,
Further to the terms of reference approved by the Transit Commission and in accordance with the By-
law to Establish the Transit Commission, I am forwarding to you the applications received from
interested residents in your municipality for consideration by your Council.
Section 7.1 of the Terms of Reference (attached) includes: Applications from qualified applicants will be
forwarded to the respective area municipality with a request that the local Council nominate one
representative for appointment. Should a municipality not receive an application for appointment, then the
appointment for that municipality will remain vacant unless that Municipal Council receives a subsequent
expression of interest and opts to approve an appointment during the term of Council.
In nominating members to NTCPAC, the relevance of the applicant’s personal experience with transit and
interests relating to the mandate of the NTCPAC will be considered.
I will confirm that the accessibility component is already represented on the Committee and the Commission is
seeking a broad spectrum of members to make up the balance of the membership composition with a lens
towards diversity, equity, and inclusion, including low income individuals.
Once nominations have been received from all of the area municipalities, they will be considered for
appointment by the Transit Commission Board. Meetings of the Public Advisory Committee will be held
quarterly and will be scheduled in the new year.
I would request that your Council consider this matter at its earliest opportunity.
If you have any questions, do not hesitate to reach out.
Thank you
Ann-Marie
Ann-Marie Norio, BA, Dipl. M.A., CMM III
Regional Clerk
Administration - Office of the Regional Clerk
Niagara Region
Phone: 905-980-6000 ext. 3220 Toll-free: 1-800-263-7215
Fax: 905-687-4977
www.niagararegion.ca
Page 564 of 679
2
The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication
including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and
may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that
any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly
prohibited. If you have received this communication in error, please re-send this communication to the sender
and permanently delete the original and any copy of it from your computer system. Thank you.
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 565 of 679
From:PF~Mailbox—0l<PF—Mailbox—O1@niagararegion.ca>
Sent:Friday,November 3,2023 2:01 PM
To:Norio,Ann—Marie;Basic,Azra;Kramer,Gema
Subject:FW:Online Form —Niagara Transit Commission Committee Membership Application
L L L LL 7 LL L L LL L V7
Sent:Friday,03 November 2023 14:01:10 (UTC—OS:00)Eastern Time (US &Canada)
To:Clerks
Subject:Online Form -Niagara Transit Commission Committee Membership Application
.o...0 0 0 *--0-u‘oo .0
To reply,copy the email address from below and put into 'To'.(if resident entered their email
address)
Name
Ursula HUDSON
Address
City
Niagara Falls
Postal Code
Phone
GAE‘V..n.
Related education credentialslhaveaBusinessandCommerce diploma that by now is about 100 years old.I have spentapproximately35yearsholdinganABZcommercialdriver's license that allowed me to drivebothtransporttrucksandbusesthroughoutCanadaandtheUSA.Since the early 1990swhenmysonfirstjoinedArmycadetsinStCatharineslhavebeeninvolvedwiththePage 566 of 679
Canadian Cadet cadre as both a volunteer and a Cadet officer.When I moved back to the
Niagara region in 2017 my involvement with the CARP Niagara Chapter 31 started.First as
a member and then stepped in as the Advocacy Chair.Being involved with CARP has
brought me in contact with several community agencies that I volunteer on.
Related experience
As a senior residing in the Niagara Region i feel that in order to get something out -you
need to put something in —to be productive.The powers that be can only do so much,they
need input from their community and the residents need to get their voice out there and their
support out there because what happens to fix myself as well as all the others in the
community,be at a positive or negative.For me it is natural to be a caregiver,to advocate
on the behalf of others,to help in any way that I can.I feel that every course i have ever
taken,every job,every position,every hour of volunteer work has brought me to the point
where I feel that I am a well—roundedvolunteer.Having spent almost 30 years with Army and
air Cadets as both a parent volunteer and a Cadet officer has made me comfortable in an
environment with a lot of government rules and regulations.Providing a service for young
adults also puts you under the microscope when you are a chaperone from them,when you
are out in the public with them,when you are responsible for their health and safety,when
you are the public liaison officer.But there is also the behind the scenes work that the staff
participate in,staff meetings,logistics of events and the training program and always the
papen/vork that is required and the privacy and the confidentiality that is involved with all of
this.Being a member of the Fort McMurray Legion as well as being on the executive gave
me an opportunity to get involved with the senior population of the town also.it was a
pleasure planning events that brought the cadets (both Air and Army)together with Legion
members.
Committee experience
2022 —present,Niagara Regional Road Safety consultation group 2022 —present,NOAA
2021 —present,AFNC,treasurer 2021 —present,St Catharines,OAAC 2019 —present,
NPRN (sitting on both the Housing and Financial sub committee)2019 —10—yearHousing
and Homelessness Action Plan for Niagara Region,Age Friendly Consultation group 2018 —
present,Welland Seniors Council under Vance Badaway 2017 —present,CARP Niagara
Chapter Advocacy Chair 2010 —2016,Fort McMurray Legion Branch 165,Executive Board
and Liaison for Air Cadets 2013 —2015,Fort McMurray Big Brothers/Big Sisters Liaison for
Air Cadets 2009 —2016,Cadet Parent Association Liaison 2013 —2015,Joint industrial
Committee,Employee Rep 2013 -2015,Safety Officer 2007 —2008,Joint Health and Safety
Coordinator
our independence and privacy and being able to get in the car and go whenever andwhereverwewantbutthatisnotthewayforeveryone.Having the use of a vehicle andbeingindependentisalmostastatussymbol.It was 5 months after my 16th birthday that Igotmydriver's license and it is going to be a very drastic change to my life if and when I cannolongerdrive,if and when I can no longer be independent.As a driver of both a car,alargebus,a transport truck I can vouch for the fact that the roads and the traffic are crazy.This committee not only has to decide on the transit system and service but it also needs toPage 567 of 679
EllEEEE
jointly deal with and think about the vehicle traffic and the pedestrian traffic.The ease with
which the transit system can be used to accommodate the needs of the community.As I
said everything is interconnected.Even though l do not use the transit service currently,I am
still driving there have been times when l have needed to figure out how I can get to a
medical appointment and back home because that appointment will not allow me to drive
home.That is not the easiest thing to do.The services for Seniors are limited.As l reside in
a 55 plus apartment building I have become more and more aware of some of the concerns
and the anxiety that the tenants here have with transit and traffic.l know that eventually they
will come a time when I can no longer drive and I am hoping that by being involved with this
at the beginning stage I can help to create something beneficial,useful,practical,and
successful.
Benefit to the committee
Having been involved with both young adults (cadets are usually 12 to 28)as well as seniors
through the Legion and CARP and being at a stage in my life where I need to plan ahead
and take care of my independence and needs I am able to look at things from multiple
angles.Compared to 40 or 50 years ago when the cars were less and the transit used more,
when the disabled or the elderly didn't go out as much it is currently a different world.The
disabled,be the young or old,the elderly want independence and want to participate in
activities and in their community so therefore they need transportation.They need
transportation that would meet their needs and solve their problems.With modern medicine
mankind's lifespan is being extended constantly,more and more things are available to
everyone and no one wants to stay home.The transit system will have many hats to wear,
will have many things to provide such as,it needs to be accessible to all,it definitely needs
to be reliable and safe it needs to be convenient and dependable for those that have
appointments to get to or work to get to.The transit system customers will have "Great
Expectations"
Gender
Woman
Racial
Caucasian
Disability
Yes
Agree to terms and conditionsYes TIEE1.Page 568 of 679
—
From:PF~Mailbox~O1<PF—Mailbox—O1@niagararegion.ca>
Sent:Monday,October 30,2023 12:09 PM
To:Norio,Ann~Marie;Basic,Azra;Kramer,Gema
Subject:FW:Online Form —Niagara Transit Commission Committee Membership Application
From:Niagara Region Website
Sent:Friday,27 October 2023 10:14:16 (UTC—O5:0O)Eastern Time (US &Canada)
To:Clerks
Subject:Online Form —Niagara Transit Commission Committee Membership Application
.o...0 0 0 -‘-0*o‘oo .0
To reply,copy the emai address from below and put into ‘To’.(if resident entered their email
address)
Name
Janet Jessop
Address
City
Niagara Falls
Postal Code
Phone
Related education credentials
A
Member of Chair a Van and BTS group,Mayors Accessibility in Niagara Falls,report onChairAVanandtransportationissues.Page 569 of 679
Related experience
Been manager of Subway for 10 years and has on Committee to start Victim of Violence in
Newmarket and worked extensively with Crown on victims side.
Committee experience
Board responsible for financial matters for Co—opbuilding,currently volunteering at St.
Andrews Church dealing with disadvantaged people,good knowledge of people using transit
interest in committee
realizes being new system and going to take a lot of organizing,early days for system,more
than willing to work with everyone to improve system and there are alot of seniors that need
this service.Needs to grow and be safe,interested in helping people in Niagara Region
Benefit to the committee
Very passionate,wants Transit to succeed,as a consumer she can point out areas of
improvement,willing to help attain the standards of service that we should be getting to.
Understand budget restrictions,come up with creative ways to ensure service is satisfactory
Gender
Women
Racial
Caucasian
Group
Seniors /older adults
Agree to terms and conditions
Yes
Niagara‘.RegionPage 570 of 679
Heather Ruzylo
From:PF—Mailbox—O1<PF—Mailbox—0l@niagararegion.ca>
Sent:Thursday,November 2,2023 4:18 PM
To:Norio,Ann—Marie;Basic,Azra;Kramer,Gema
Subject:FW:Online Form ~Niagara Transit Commission Committee Membership Application
From:Niagara Region Website
Sent:Thursday,02 November 2023 16:17:35 (UTC—05:00)Eastern Time (US &Canada)
To:Clerks
Subject:Online Form —Niagara Transit Commission Committee Membership Application
.o...0 0 o ---0-c‘oo .3
To reply,copy the email address from below and put into 'To'.(if resident entered their email
address)
Name
Carmelo Carrera
Address
City
Niagara Falls
Postal Code
Phone
Related experienceIamcurrentlya member of Accessibility Advisory Committee for the City of Niagara Falls,75yearsofage,a member of CNlB and legally blind.In my working life i have owned andoperatedvariousbusinessenterprises.I was a licensed Real Estate sales representative forover10years.I was a member of the Big Brothers for over 15 years.l am very familiar withPage 571 of 679
the Niagara Region having worked over the years in positions that required me to travel
between the different towns and cities.Being a legally blind individual,i am very familiar with
ourtransit system as I use it on a regular basis for my daily living needs.I have held different
positions through the years which required me to meet with people from every walk of life,
every ethnic group,and all ages.
Committee experience
As a member of the Mayor's I attend every meeting and contribute to each of the current
concerns and issues that affect people with a wide spectrum of disabilities and needs.I have
suggested changes to address concerns which have been followed through.As a member of
CNIB I am a active participant in programs to help people throughout Canada adjust to living
with vision loss,called AVLO mentoring.Also with CNIB l participate in a series of sessions
to do with Grief which address vision loss at this time in one's life.For 70 years of my life,I
had vision,this has makes me aware ,and benefits my life as I am able to recognize the
differences between vision and non—vision,and therefore am able to visualize any situation.
Because I owned and operated my own businesses,I know what it is like to need to work
through challenges and make appropriate changes where necessary,similar to NRT which
is barely 10 months old.
Interest in committee
I am interested in becoming part of a problem solving committee and hope to use my
personal experience to contribute to making NRT the best system for all.
Benefit to the committee
i am an enthusiastic person who sees my personal disability and my life experiences as an
advantage enabling me to positively contribute to NRT.
Gender
Man
Racial
Caucasian
Disability
Yes
Agree to terms and conditionsYes Niagara 9 /
EH;2Page 572 of 679
1
Heather Ruzylo
Subject:Proclamation Request
From: Carey Campbell <ccampbell@niagarafalls.ca>
Sent: Thursday, November 23, 2023 1:03 PM
To: Jade Wang <wyq@bu.edu>; Jim Diodati <jdiodati@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Heather
Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Proclamation Request
Hello Jade:
Thank you for sending your request for a proclamation to Mayor Diodati. I’m keying in some
of my colleagues at City Hall to follow up with you. They will ensure it comes before City
Council and they will connect back to share once it is approved.
Kind regards,
carey
Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca
From: Jade Wang <wyq@bu.edu>
Sent: Wednesday, November 22, 2023 9:10 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: [EXTERNAL]-Proclamation Request
Dear Mayor,
My name is Jade, and I am a member of the American and Canadian Lung Cancer Screening
Initiative (ACLCSI). We are a team of over 50 doctors and students across North America working to
raise awareness for lung cancer and lung cancer screening and help high-risk individuals get
screened.
Lung cancer is the most commonly diagnosed form of cancer and is the leading cause of cancer
death in Canada. Early detection through lung cancer screening by low-dose computed tomography
(CT) significantly reduces lung cancer mortality by up to 33%. However, only 5.7% of high-risk
individuals are currently getting screened.
We have received nearly 30 proclamations from cities across Canada, including the city of
Vancouver, Kingston, Ottawa, and Toronto. We are wondering if it is possible to request a
proclamation for lung cancer awareness month? I have attached a general template to this email.
Sincerely,
Jade Wang
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 573 of 679
2
Page 574 of 679
PROCLAMATION REQUEST:
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
lung cancer is the leading cause of cancer
death among men and women in Canada
accounting for more deaths than colon
cancer, breast cancer, and prostate cancer
combined; and
over 20,000 Canadians are expected to die
of lung and bronchus cancer in 2023.
representing nearly one quarter of all cancer
deaths in Canada; and
according to research by Canadian
oncologists, lung cancer is expected to be
the most commonly diagnosed cancer in
Canada, with over 30,000 new lung cancer
cases expected in 2023; and
the five-year survival rate for localized lung
cancer is -60%, yet only ~24% of lung
cancers are diagnosed at this stage; and
funding for lung cancer research trails far
behind funding for research of many other
cancers, and additional research is needed in
early diagnosis, screening. and treatment for
lung cancer as well as in lung cancer
affecting women and lung cancer health
disparities; and
organizations working in Canada such as the
Canadian Lung Cancer Screening Initiative
are committed to educating about lung
cancer and lung cancer screening and
working to increase lung cancer screening
rates;
NOW THEREFORE, I, JIM DIODATI,
MAYOR of the City of Niagara Falls, do
hereby proclaim the month of December as
Lung Cancer Awareness Month
Page 575 of 679
Township of Perry
PO Box 70, 1695 Emsdale Road, Emsdale, ON P0A 1J0
PHONE: (705)636-5941
FAX: (705)636-5759
www.townshipofperry.ca
November 20, 2023
Via Email
Hon. Doug Downey
Attorney General
McMurtry-Scott Building, 11th Floor, 720 Bay St.
Toronto, ON M7A 2S9
Dear Honourable Downey,
RE: Letter of Support - Amendments to Legislation Act, 2006 –
Corporation of the Township of Perry
Please be advised that at their last regular meeting on Wednesday November
15, 2023, the Council of the Township of Perry supported the following
resolution:
“Resolution #2023-378
Moved by: Margaret Ann MacPhail
Seconded by: Joe Lumley
Whereas Metroland Media Group has sought bankruptcy protection and will
cease to print publication of its weekly community newspapers across
Ontario, moving to an online-only model; and
Whereas Neil Oliver, Chief Executive Officer and President of Metroland
Media Group, said the 71 Metroland community publications will be digital
only going forward; and
Whereas the Legislation Act, 2006, provides a definition of ‘newspaper’
which applies to every Ontario Act and Regulation, as in a provision requiring
publication, means a document that (a) is printed in sheet form, published
at regular intervals of a week or less and circulated to the general public,
and (b) consists primarily of news of current events of general interest;
(‘journal’); and
Whereas Ontario Municipalities are required to follow publication and notice
requirements for Provincial Acts and Regulations; and
Page 576 of 679
Whereas communities such as the East Parry Sound Area cannot comply
with publication requirements in Provincial Acts and Regulations as the
Almaguin News and Muskoka Region publications are no longer being printed
in sheet form and there are no other local news publications fitting the
definition of ‘newspaper’; and
Whereas some small, rural, Ontario Municipalities may not have the means
to bring an application to the Court to ask for directions and approval of an
alternate manner of providing notice;
Be it resolved that the Council of the Corporation of the Township of Perry
hereby request the Provincial Government to make an amendment to the
Legislation Act, 2006, to include digital publications as an acceptable means
of publication and notice requirements for Provincial Acts and Regulations;
And further that this resolution be forwarded to the Honourable Minister of
Municipal Affairs and Housing Paul Calandra, the Honourable Parry Sound
Muskoka MPP Graydon Smith, The Association of Ontario Municipalities
(AMO), CEO and President of Metroland Media Group, Neil Oliver, and all
Ontario Municipalities.
Carried.”
Your immediate attention to this matter is greatly appreciated.
Sincerely,
Erica Cole, Dipl.M.A.
Deputy Clerk
CC: Honourable Minister of Municipal Affairs and Housing, Paul Calandara
Honourable Parry Sound Muskoka MPP Graydon Smith
The Association of Ontario Municipalities (AMO)
CEO and President, Metroland Media Group, Neil Oliver
All Ontario municipalities
Page 577 of 679
Legislative Services
November 28, 2023
The Honourable Harjit Sajjan
House of Commons
Ottawa, ON K1A 0A6
harjit.sajjan@parl.gc.ca
Honourable and Dear Sir:
Re: Support Bill C-310 Amendments
Please be advised the Municipal Council of the Town of Fort Erie at its meeting of July 24, 2023
passed the following resolution:
Whereas Volunteer firefighters account for 71% of Canada’s total firefighting essential
first responders, and
Whereas approximately 8,000 essential search and rescue volunteers respond to
thousands of incidents every year, and
Whereas the tax code of Canada currently allows volunteer firefighters and search and
rescue volunteers to claim a $3,000 tax credit if 200 hours of volunteer services were
completed in a calendar year, and
Whereas this works out to a mere $450 per year, which we allow these essential
volunteers to keep of their own income from their regular jobs, $2.25 an hour, and
Whereas if volunteer firefighters volunteer more than 200 hours, this tax credit becomes
even less, and
Whereas these essential volunteers not only put their lives on the line and give their time,
training and efforts to Canadians, but they also allow cities and municipalities to keep
property taxes lower than if paid services were required, and
…/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 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca
Page 578 of 679
The Honourable Harjit Sajjan Page two
Whereas increasing this tax credit would allow these essential volunteers to keep more
of their hard-earned money, likely to be spent in the communities in which they live, and
Whereas it would also help retain these volunteers in a time when volunteerism is
decreasing;
Therefore be it resolved,
That: The Municipal Council of the Corporation of the Town of Fort Erie call upon the
Government of Canada to support Bill C-310 and enact amendments to subsections
118.06(2) and 118.07(2) of the Income Tax Act in order to increase the amount of the tax
credits for volunteer firefighting and search and rescue volunteer services from $3,000 to
$10,000, and further
That: A copy of this resolution be forwarded to the Association of Municipalities of Ontario
(AMO), MPP Wayne Gates, MP Tony Baldinelli, and Local Area Municipalities.
Trusting this information will be of assistance to you.
Sincerely,
Peter Todd,
Manager, Legislative Services / Town Clerk
ptodd@forterie.ca
PT:dlk
c.c. M. Schmitt, Fire Chief
Page 579 of 679
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-Consulate general of Bulgaria
From: Heather Phillips <hphillips@niagarafalls.ca>
Sent: Thursday, December 7, 2023 1:49 PM
To: velislava.panova@mfa.bg
Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Carmella McDougall <camcdougall@niagaraparks.com>
Subject: RE: [EXTERNAL]-Consulate general of Bulgaria
Good afternoon Velislava
Thank you kindly for again reaching out to request a Flag Raising here at City Hall to recognize the National Day of
Bulgaria. Due to the National Day being on a weekend (Sunday March 3rd, 2024) I will go ahead as you have requested
and schedule this as a hold in the Mayor’s calendar for Monday March 4th at 2:00pm. Because this must first be
approved by our City Council, I have copied our Clerk’s office on this email so that it can be added to the agenda of one
of our upcoming City Council meetings for approval. I will be in touch to confirm details once approval has been
received.
I have also copied Carmella McDougall on this email so that she can address your request for a Falls Illumination.
I look forward to coordinating with you.
Much thanks,
Heather Phillips | Scheduler/Executive Assistant | Mayor & CAO’s Office | City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | hphillips@niagarafalls.ca
From: velislava.panova@mfa.bg <velislava.panova@mfa.bg>
Sent: Wednesday, December 6, 2023 11:29 AM
To: Heather Phillips <hphillips@niagarafalls.ca>
Subject: [EXTERNAL]-Consulate general of Bulgaria
Dear Heather,
Hope this email finds you well ! I have not seen you for a while and really hope that everything is good with
you!
As a preparation to our next National Day - March 3, 2024 I wanted to send you again a request for a flag
raising ceremony with the Mayor and this to be held on March 4 (cause its the weekend)
Page 580 of 679
2
I hope that illumination of Falls in the colours of the Bulgarian Flag will be as requested - on March 3 in the
evening.
I will be waiting for your reply!
See you soon and have a great day!
Best, Velislava Panova
consul general
Генерално консулство на Република България в Торонто, Канада
Consulate General of the Republic of Bulgaria in Toronto,Canada, 65 Overlea Blvd., Suite 230
Toronto, ON M4H 1P1; +1 416 696 2420;
Emergency line: +1 416 892 1738
https://www.bgconsultoronto.info/
https://www.facebook.com/TorontoBulgaria/
https://twitter.com/BulgariaToronto
https://www.instagram.com/bulgariatoronto/
Page 581 of 679
3
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 582 of 679
1
234-2023-5307
November 2, 2023
Re: Announcement Impacting Provincial Decisions on Municipal Official Plans/
Official Plan Amendments
Dear Sir, Madam:
Since becoming the Minister of Municipal Affairs and Housing, I have made it a priority
to review past decisions related to land use planning, including official plans and
minister’s zoning orders, to ensure that these earlier decisions support our goal of
building at least 1.5 million homes in a manner that maintains and reinforces public
trust.
In November 2022 and April 2023, the ministry issued decisions on official plans
impacting the cities of Barrie, Belleville, Guelph, Hamilton, Ottawa and Peterborough,
the regional municipalities of Halton, Niagara, Peel, Waterloo and York, and Wellington
County. As a result of my review of these decisions, on October 23, 2023, I announced
my intent to introduce legislation as soon as possible that would reverse the province’s
changes to these plans.
For clarity, the proposed legislation will, if passed, bring into effect the official plans or
official plan amendments as adopted by municipal council without provincial
modifications, except for any modifications that are necessary to protect matters of
public health and safety, or which are required to align with legislation or regulations.
The ministry appreciates that the decisions that were made in November 2022 and April
2023 are currently in effect, and I understand that many municipalities are working to
actively implement the decisions. I also appreciate that productive collaboration and
coordination between the ministry and your municipality is going to be needed to ensure
clarity going forward.
As stated in my announcement on October 23, 2023, we are providing 45 days for
municipalities to submit information about the modifications to the official plans that
were originally submitted to the Ministry, including:
1. Circumstances or projects where construction has already begun in relation to
the official plan or official plan amendment decisions, particularly those projects
that are directly reliant on the modifications made to the plan through the
ministry’s decision; and
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 583 of 679
2
2. If there are changes that the municipality would like to see made to the official
plan, based on the modifications that the province had previously made, and
which you support. Lower-tier municipal feedback on the original official plan
submitted to the province will be important to supporting its implementation.
We are asking mayors of impacted single and lower tier municipalities to submit this
feedback, including proposed changes and updates to the official plans/official plan
amendments, to ministry staff by December 7, 2023. Please submit feedback to the
following email address: MMAHOfficialPlans@Ontario.ca.
To ensure the province receives the necessary feedback within the 45-day window, we
will accept changes directly from heads of council of single and lower-tier municipalities,
including to official plans that were originally submitted with council endorsements from
upper-tier municipalities. Heads of council may choose to seek a council endorsement
of their proposed changes, but that is not required.
While I intend to introduce legislation prior to the conclusion of the 45-day period,
please rest assured that municipal feedback received during the 45-day window, and
through consultation on the legislation, will be carefully considered to determine the best
approach for moving forward, including if further legislative steps or the use of other
provincial tools are required.
We are also interested in receiving information and supporting documentation that
outlines related planning costs that may have been incurred by your municipality arising
out of the provincial decisions. This information can be submitted to the ministry outside
of the 45-day window through municipal staff.
Official plans are an important tool for addressing Ontario’s shortage of housing. To that
end, as you prepare your feedback, I encourage you to ensure your proposed approach
to meet your housing targets is ambitious and reflective of the serious need to get more
homes built quickly. In particular, I encourage you to look for opportunities to
systematically increase density and align this density with existing and planned transit
within your municipality. Getting more homes built faster will help more people in your
municipality find a home that meets their needs and budget and help municipalities
access funding under Ontario’s all-new $1.2 billion Building Faster Fund.
If your staff have questions or concerns, ministry staff are available to discuss this
matter further. Please have municipal staff contact the ministry at the email address
above and we will connect you with the relevant staff in my ministry.
Thank you,
Hon. Paul Calandra
Minister of Municipal Affairs and Housing
Page 584 of 679
1
234-2023-5547
November 16, 2023
Dear Sir, Madam
Subject: Proposed Legislation to Reverse Previous Decisions on Municipal Official
Plans/ Official Plan Amendments
Further to my letter on November 2, 2023, I am writing to you to advise that on November 16,
2023, the Ontario government introduced legislation that, if passed, would reverse the official
plan decisions made in November 2022 and April 2023 affecting the cities of Barrie, Belleville,
Guelph, Hamilton, Ottawa and Peterborough, the regional municipalities of Halton, Niagara,
Peel, Waterloo and York, and Wellington County.
The proposed legislation would wind back ministerial changes to official plans and official plan
amendments, except in circumstances where construction has begun or where doing so would
contravene existing provincial legislation and regulations or for public health and safety. This
includes winding back changes to urban boundaries while maintaining protections for the
Greenbelt.
The proposed Planning Statute Law Amendment Act, 2023, if passed, would:
• Enact the Official Plan Adjustments Act, 2023, which would:
o Reverse decisions affecting 12 municipalities’ official plans, issued on November
4, 2022 and April 11, 2023;
o Approve the municipally-adopted official plans, retroactive to the date of the
ministerial approval (November 4, 2022 or April 11, 2023);
o Require decisions on outstanding applications and appeals to conform with the
legislatively-approved official plans and amendments;
o Modify limited portions of the council-adopted official plans to address potential
conflicts with legislation/regulations; and
o Introduce immunity provisions to help mitigate legal risk for municipalities and the
province resulting from this legislation.
• Amend the Planning Act to introduce immunity provisions to help mitigate legal risk for
municipalities and the province in the making, amending, or revoking of minister’s zoning
orders.
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 585 of 679
2
Additionally, the proposed legislation would amend the Planning Act to introduce immunity
provisions related to the making, amending or revoking of minister’s zoning orders. While no
specific changes to MZOs are currently being made, this provision would help mitigate risk
should revocations be necessary as the ministry reviews a use it or lose it policy.
Request for Feedback
In my letter of November 2, 2023, I have asked municipalities to provide input by December 7th.
In addition, the ministry is seeking input on the proposed legislation and potential
implementation considerations associated with matters arising from the reversal of the official
plan decisions.
Comments can be sent through the Environmental Registry of Ontario or the Regulatory
Registry postings or by email to mmahofficialplans@ontario.ca.
More information on the legislative proposal can be found on the Environmental Registry of
Ontario and the Regulatory Registry at:
• Environmental Registry of Ontario: Planning Statute Law Amendment Act, 2023
• Regulatory Registry: Planning Statute Law Amendment Act, 2023
I look forward to receiving your feedback on this proposal.
Sincerely,
Hon. Paul Calandra
Minister of Municipal Affairs and Housing
Page 586 of 679
City Hall
4310 Queen Street
P.O.Box 1023
Niagara Falls,ON L2E 6X5
web site:wvvw.niagarafal|s.ca
(905)356-7521 Ext.4201
Fax:(905)374-3357
jdiodati@niagarafalls.ca
Mayor Jim Diodati
Hon.Paul Calandra
Minister of Municipal Affairs and Housing
777 Bay Street,17"‘Floor
Toronto,ON M7A2J3
November 14,2023 W
Dear M ndra:
I would like to personally thank you for allowing the City of Niagara Falls to directly
respond to your November 2 request to comment on the prior Ministry of Municipal
Affairs and Housing approval of the Niagara Region Official Plan and its impact on our
community.
As you may be aware,the Niagara Region Official Plan was approved by your Ministry
in November 2022.As a result of a land needs analysis conducted by Niagara Region,
in collaboration with our own planning staff,it was determined that the City of Niagara
Falls needed an additional 270 hectares of urban designated land to meet our 2051
population target of 141,650 people.As a result,Niagara Falls was assigned three
urban expansion areas located in the northwest,west and southwest areas of the city
by Niagara Region.
The Province’s approval of the Niagara Region Official Plan included an unexpected,
fourth urban expansion area located west of Kalar Road and south of Thorold Stone
Road and has been identified internally as the Kalar West urban expansion area.
Though the City of Niagara Falls appreciates the Province ensuring that the City has
sufficient land to grow upon,we have concerns with the Kalar West addition.This
addition did not go through our normal process and as such we are not sure that it
addresses a demonstrated need.Given its isolated location,difficulty to service and not
being contiguous to the existing Niagara Falls urban area,the Kalar West lands are not
an ideal candidate for an urban expansion.
Accordingly,we have no objection if this fourth urban expansion area was removedfromtheCity's overall urban land supply.With that being said,Niagara Falls iscommittedtofulfillingourhousingpledgeof8,000 new housing units by 2031 so we willcontinuetocloselymonitoroururbanlandsupplyandnotifyNiagaraRegionandtheMinistryiftheCityisrunninglowonurbanland.If future urban land is needed,we willbeinapositiontoidentifypreferredcandidateexpansionsitesthatcanbeefficientlyserviced.Page 587 of 679
Second,the City notes that the Ministry through the Niagara Region Official Plan
approval added a new policy,Policy 4.2.4.10 that states:
“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.”
Cytec Canada Inc.is a long-standing,manufacturing company that produces phosphine
gas which is used in several key industries.Cytec claims that their operations require a
2—kilometrebuffer to address public safety concerns in the event of a chemical release.
To date,no scientific evidence has ever been produced by Cytec to justify a 2—kilometre
radius,which far exceeds the Province’s own D—6Land Use Compatibility guidelines.
As a result,I,with the support of my Council,respectfully request that Policy 4.2.1.11 be
struck from the Niagara Region Official Plan.
We note that the effective date for the Niagara Region Official Plan should remain as
November 4,2022.If not,an on-going appeal that the City is involved in may be
impacted if the effective date were to change.if the date were to change transition
policies should be developed to provide guidance.
Finally,though we have incurred some costs to date in relations to integrating the Kalar
West lands into our planning,these costs are relatively immaterial in nature.
If you or your staff have questions or concerns about the content of our response,
please do not hesitate to have Ministry staff reach out to myself or Kira Dolch,our
General Manager of Planning,Building and Development Services.
Yours truly
I
'
James M.Diodati
MayorPage 588 of 679
2800 Thorold Towline Road, Niagara Falls, ON L2E 6S4
walkerind.com
November 30, 2023
Bill Matson
City Clerk
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
Niagara Falls, ON L2E 6X5
clerk@niagarafalls.ca
Dear Bill Matson,
Subject: No4ce of Commencement of Terms of Reference and Open House #1
Walker Environmental Group – South Landfill Phase 2 Environmental Assessment
This le=er is provided to inform you that Walker Environmental Group (Walker) is ini4a4ng an Environmental
Assessment (EA) in accordance with the Environmental Assessment Act (EAA) to develop the next phase (Phase 2) of
its South Landfill in Niagara Falls, Ontario. The current phase of the landfill is approaching its licensed capacity, and
the development of Phase 2 will con4nue to provide the Niagara Region and surrounding communi4es with safe and
reliable solid waste disposal services for an addi4onal 20-year period.
The South Landfill is an integral component of Walker’s Niagara Resource Management Campus, a dynamic
opera4on that recovers resources sustainably and manages waste efficiently. Phase 2 of the landfill would be
developed at Walker’s Campus, directly east of current landfilling opera4ons. This loca4on, as shown in the
accompanying No4ce, would con4nue to use exis4ng infrastructure, such as the landfill entrance, and allow daily
opera4ons to seamlessly transi4on into a new adjacent fill area.
The a=ached No4ce of Commencement and Open House #1 No4ce signals the start of the EA, a planning process
that will carefully consider all poten4al impacts of the proposal, both nega4ve and posi4ve, on the natural and
human environment, which includes social, economic, and cultural factors.
You are invited to a=end Open House #1 on Thursday, December 14th, 2023, from 4:00 – 8:00 pm at Club Italia
(Ballroom B) 2525 Montrose Rd, Niagara Falls to learn more about the project, review and discuss the EA process,
and provide input. Addi4onally, we will be contac4ng you shortly to schedule a 4me to meet and discuss the project
further.
Your input is very important to Walker, the project, and the community. Walker is commi=ed to keeping you
informed and engaged at each step of the EA. If you have any ques4ons or comments, please feel free to learn more
on our project website at southlandfillphase2.com or contact the undersigned directly.
Sincerely,
Darren Fry, Project Director
Page 589 of 679
2800 Thorold Towline Road, Niagara Falls, ON L2E 6S4
walkerind.com
Phone: 1-866-699-9425
Email: info@southlandfillphase2.com
Website: southlandfillphase2.com
A=achment: No4ce of Commencement of Terms of Reference & Open House #1 – South Landfill Phase 2
Environmental Assessment Walker Environmental Group Inc.
cc: Mayor Jim Dioda4
Jason Burgess, CAO
Kim Dolch, General Manager of Planning, Building & Development
Page 590 of 679
Page 591 of 679
The Corporation of the Town of Aylmer
46 Talbot Street West, Aylmer, Ontario N5H 1J7
Office: 519-773-3164 Fax: 519-765-1446
www.aylmer.ca
November 16, 2023
The Honourable Doug Ford, M.P.P.
Premier of Ontario
Legislative Building
Queen's Park
Toronto, ON M7A 1A1
Re: Motion regarding Provincial Consideration for Amendments to the Residential Tenancies
Act
At their Regular Meeting of Council on November 15, 2023, the Council of the Town of
Aylmer endorsed the following motion regarding Provincial Consideration for Amendments to
the Residential Tenancies Act:
Whereas the Ontario government has acknowledged an affordable housing and
housing supply crisis, communicating a targeted approach to build 1.5 million homes by
2031; and
Whereas nearly one-third of Ontario households rent, rather than own, according to the
most recent 2021 Census of Population; and
Whereas the Ontario government has reported that Ontario broke ground on nearly
15,000 purpose-built rentals in 2022, a 7.5 percent increase from 2021 and the highest
number on record, with continued growth into 2023; and
Whereas the Residential Tenancies Act, 2006, provides for the maximum a landlord
can increase most tenants rent during a year without the approval of the Landlord and
Tenant Board; and
Whereas the Ontario government recently strengthened protections for tenants with the
intention of preserving affordability, by holding the rent increase guideline for 2024 to
2.5 percent, well below the average inflation rate of 5.9 percent; and
Whereas the rental increase guideline protection does not apply to rental units occupied
for the first time after November 15, 2018, leaving an increasing number of tenants
susceptible to disproportionate and unsustainable rental increases compared to those
benefiting from legislated increase protection;
Page 592 of 679
The Corporation of the Town of Aylmer
46 Talbot Street West, Aylmer, Ontario N5H 1J7
Office: 519-773-3164 Fax: 519-765-1446
www.aylmer.ca
Now Therefore Be It Resolved that the Council of the Town of Aylmer requests
provincial consideration for amendments to the Residential Tenancies Act, 2006, to
ensure that all tenants benefit from protections intended to preserve affordability;
That a copy of this Resolution be sent to:
• Honourable Doug Ford, Premier of Ontario
• Honourable Paul Calandra, Minister of Municipal Affairs and Housing
• Honourable Rob Flack, Associate Minister of Housing
• The Association of Municipalities of Ontario (AMO)
• And all Ontario Municipalities.
Thank you,
Owen Jaggard
Deputy Clerk / Manager of Information Services | Town of Aylmer
46 Talbot Street West, Aylmer, ON N5H 1J7
519-773-3164 Ext. 4913 | Fax 519-765-1446
ojaggard@town.aylmer.on.ca | www.aylmer.ca
CC:
Minister of Municipal Affairs and Housing paul.calandra@pc.ola.org
Associate Minister of Housing rob.flack@pc.ola.org
Association of Municipalities of Ontario resolutions@amo.on.ca
Page 593 of 679
Website: www.amherstburg.ca
271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5
Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860
November 21, 2023 SENT VIA EMAIL
Premier of Ontario
Legislative Building
Queens Park
Toronto, ON, M7A 1A4
VIA EMAIL: premier@ontario.ca
Attn: The Honourable Doug Ford Premier of Ontario
Re: Cigarette Producer Responsibility
Dear Premier Ford,
At its meeting on November 13, 2023 the Town of Amherstburg Council considered a resolution passed
by the Council of the Corporation of The Township of The Archipelago in support of amending
legislation to ensure cigarette manufacturers are responsible for the collection, recycling, and proper
disposal of cigarette waste and passed the following resolution:
Resolution # 20231113-009
Moved By Councillor Allaire
Seconded By Councillor Pouget
That a letter of support for item 16.1 - Township of The Archipelago | Resolution 2023-178
Cigarette Producer Responsibility BE SENT to all municipalities and the appropriate Minister.
Sincerely,
Michael Prue, Mayor
Town of Amherstburg
Page 594 of 679
From the Office of the Clerk
The Corporation of the County of Prince Edward
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
November 17, 2023
Please be advised that during the regular Council meeting of November 14, 2023 the
following motion regarding support for the Province to stop the Ministry of the
Environment, Conservation and Parks (MECP) proposal to expand the use of the
permit-by-rule to waste management systems, storm water management systems, and
certain water taking activities was carried:
RESOLUTION NO. 2023-569
DATE: November 14, 2023
MOVED BY: Councillor Maynard
SECONDED BY: Councillor Roberts
WHEREAS the Municipality, in support of the Quinte Conservation Authority,
actively supports the Source Water Protection Program, as part of local efforts to
implement the Clean Water Act, 2006 and its regulations to protect local municipal
drinking water sources;
AND WHEREAS the Ministry of the Environment, Conservation and Parks (MECP)
is proposing to expand the use of the permit-by-rule to waste management systems,
stormwater management systems, and certain water taking activities;
AND WHEREAS In 2018, Bill 68, the Open for Business Act was passed, whereby it
legislated that less complex activities that pose low-risk to the environment should
not be required to go through the approval process and instead, should self -register
on the Environmental Activity and Sector Registry (EASR);
AND WHEREAS Quinte Conservation Authority has outlined in their October 24,
2023 report to their Board, that the activities proposed to move to the EASR may
pose too much risk to drinking water, and can pose threats to human health and the
environment;
AND WHEREAS Quinte Conservation Authority noted the source water protection
concern generally lies in the fact the Ministry will no longer undertake an up -front
detailed review of applications related to the specified activities, thereby potentially
weakening regulatory oversight;
AND WHEREAS the specified activities, which have the potential to cause
significant adverse impacts to the natural environment and human health will no
Page 595 of 679
From the Office of the Clerk
The Corporation of the County of Prince Edward
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
longer be subject to public and site-specific scrutiny prior to commencing operation
in Ontario;
THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Prince
Edward County supports the concerns outlined by Quinte Conservation Authority
and urges the Provincial government to stop the Ministry of the Environment,
Conservation and Parks (MECP) proposal to expand the use of the permit-by-rule to
waste management systems, stormwater management systems, and certain water
taking activities; and
THAT this resolution be sent to Premier Doug Ford, Todd Smith, Bay of Quinte
M.P.P. and Andrea Khanjin, Minister of the Environment, Conservation and Parks;
and
THAT this resolution be shared with all 444 municipalities in Ontario, The Federation
of Canadian Municipalities (FCM), The Association of Municipalities Ontario (AMO),
The Eastern Ontario Wardens’ Caucus (EOWC) and all Ontario Conservation
Authorities.
CARRIED
Yours truly,
Catalina Blumenberg, CLERK
cc: Mayor Steve Ferguson, Councillor Roberts, Councillor Maynard and Marcia Wallace,
CAO
Page 596 of 679
Page 597 of 679
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
November 20, 2023
CL 15-2023, November 16, 2023
PEDC 11-2023, November 8, 2023
PDS 37-2023, November 8, 2023
LOCAL AREA MUNICIPALITIES
NIAGARA HOME BUILDERS ASSOCIATION
SENT ELECTRONICALLY
Niagara Region Unbuilt Housing Supply Update
PDS 37-2023
Regional Council, at its meeting held on November 16, 2023, passed the following
recommendation of its Planning and Economic Development Committee:
That Report PDS 37-2023, dated November 8, 2023, Niagara Region Unbuilt Housing
Supply Update, BE RECEIVED and BE CIRCULATED to Local Area Municipalities and
the Niagara Home Builders Association.
A copy of PDS 37-2023 is enclosed for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
js
CLK-C 2023-129
cc: J.Federici, Senior Planner
M.Sergi, Commissioner, Growth, Strategy and Economic Development
N.Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic
Development
Page 598 of 679
PDS 37-2023
November 8, 2023
Page 1
Subject: Niagara Region Unbuilt Housing Supply Update
Confidential Report to: Planning and Economic Development Committee
Report date: Wednesday, November 8, 2023
Recommendations
1. That Report PDS 37-2023 BE RECEIVED for information; and
2. That a copy of Report PDS 37-2023 BE CIRCULATED to the Local Area
Municipalities and the Niagara Home Builders Association.
Key Facts
• In March 2023, the Regional Planning Commissioners of Ontario (RPCO) issued an
inventory of Ontario’s unbuilt housing supply in response to the Province of Ontario’s
target of creating 1.5 million homes by the year 2031.
• The unbuilt housing supply is defined as the number of housing units in the
development application approvals process, specifically within plans of subdivision,
plans of condominium and site plan applications that have not yet obtained a
building permit.
• Niagara Region submitted data to RPCO in support of the unbuilt housing supply
inventory issued in March 2023, which included all unbuilt units in plans of
subdivision and condominium as of year end 2022.
• Since that time, staff have undertaken a more detailed review of the housing supply,
to include site plan applications. This report provides an update to Niagara Region’s
housing supply as of June 30, 2023.
• Overall, there are 39,283 unbuilt units in the housing supply across the region in site
plans, plans of condominium and plans of subdivision in various stages of the
development approval process. This equates to an 10 to 11 year of supply of
housing units across the region.
Page 599 of 679
PDS 37-2023
November 8, 2023
Page 2
Financial Considerations
There are no financial considerations associated with this report.
Background
In 2022, the Province of Ontario announced a target of creating 1.5 million new homes
across the Province by the year 2031.
In response to this target, Regional staff collaborated with members of RPCO which
includes regional and single tier municipalities to form a methodology and assemble an
unbuilt housing unit inventory. The purpose of this inventory was to identify the number,
type and status of housing units in the development pipeline which would support the
Province’s goal of building 1.5 million new homes. In March 2023, RPCO issued an
unbuilt housing supply inventory, which constituted 85% of the 2031 Provincial goal.
The unbuilt housing supply inventory that the Region had undertaken in support of the
RPCO work only included unbuilt units in plans of condominium and subdivision as of
year end 2022. Since that time, staff have completed a more detailed review and have
updated the unbuilt housing supply to June 30, 2023. Through this detailed review, staff
added all active site plan applications into the analysis.
This report provides an overview of the unbuilt housing supply in Niagara Region within
the development approval process, specifically within plans of condominium, plans of
subdivision, and site plans.
Analysis
To establish the unbuilt housing supply inventory, staff exported all plans of
condominium, plans of subdivision and site plans within the Region’s development
application system into a Geographic Information System to allow for spatial analysis.
Building permits issued were then overlayed with development applications to identify
units to be removed from the supply. Air photos were also examined on a site-by-site
basis to remove built units from the supply.
The unbuilt housing supply inventory is divided into four categories, as defined below:
• Registered and Draft Approved Unbuilt Units (Development Ready):
o Registered plans of subdivision and approved plans of condominium.
o Draft approved plans of condominium or subdivision.
Page 600 of 679
PDS 37-2023
November 8, 2023
Page 3
• Site Plan Applications:
o Proposed and approved site plan applications.
• Applications Under Review:
o Proposed plans of subdivision or condominium.
• Ministerial Zoning Orders:
o Ministerial zoning orders approved by the Minister of Municipal Affairs and
Housing.
Table 1 provides a summary of the unbuilt housing supply by unit type and stage within
the development approvals process for plans of condominium, plans of subdivision, and
site plans.
Table 1: Unbuilt Housing Units within the Development Review Process in Niagara
Region (as of June 30, 2023)
Application
Status/Type
Unit Type
Single-detached
Unit Type
Semi-
detached
Unit Type
Townhouse
Unit Type
Apartment
Unit Type
Total
Registered
Unbuilt 1,406 40 655 96 2,197
Draft Approved 2,121 103 4,599 3,735 10,558
Under Application /
Proposed 2,267 411 3,815 6,391 12,884
Site Plan Application 2 8 1,399 10,535 11,944
Ministerial Zoning
Order* 0 0 0 1,700 1,700
Total 5,796 562 10,468 22,457 39,283
*Ontario Regulation 592/22 Zoning Order does not specify housing unit types and is
located in a Protected Major Transit Station Area in Niagara Falls. Housing units
associated with this MZO have been inputted into the apartment category for the
purpose of this analysis.
Page 601 of 679
PDS 37-2023
November 8, 2023
Page 4
Overall, 39,283 units were identified in the unbuilt housing unit supply, with the highest
proportion of units in the apartment category. This equates to a 10 to 11 year supply of
unbuilt housing units in the Region. It is important to note that this unbuilt housing unit
supply does not include zoning amendments or units that may be built as of right based
changes made by Bill 23.
Future Reporting
It is anticipated that staff will report on the unbuilt housing supply on a semi-annual
basis going forward. Tracking the unbuilt housing supply will allow the Region to
establish whether it has a healthy supply of housing units in the development pipeline
and to demonstrate whether the targets set out by the Province are being met.
Development Tracking System Update
The Province of Ontario introduced the Streamline Development Approval Fund (SDAF)
in January 2022. Through the SDAF, Niagara Region received $500,000 to update the
Region’s development tracking system.
The new development tracking system will improve application approval times by
automating and streamlining the application intake and review process. The system is
currently in the testing phase and will improve monitoring and reporting on the unbuilt
housing supply allowing for more frequent updates on development trends to be
provided to Regional Council and the Province.
Alternatives Reviewed
This report is for information purposes only. No alternatives were reviewed.
Relationship to Council Strategic Priorities
This report supports the following Council Strategic Priorities 2023-2026:
• Equitable Region.
• Prosperous Region.
Tracking the unbuilt housing supply across the region supports growth management
and infrastructure planning efforts and allows the Region to determine whether there is
a sufficient housing supply in the development pipeline.
Page 602 of 679
PDS 37-2023
November 8, 2023
Page 5
Other Pertinent Reports
PDS 8-2023 Regional Planning Commissioners of Ontario (RPCO) Inventory of
Unbuilt Housing Supply
(https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=30805)
_____________________________
Prepared by:
John Federici, RPP
Senior Planner
Growth, Strategy and Economic
Development
_______________________________
Recommended by:
Michelle Sergi, MCIP, RPP
Commissioner
Growth, Strategy and Economic
Development
________________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
This report was prepared in consultation with and reviewed by John Docker, Planning
Lead, Development Application Portal, and was reviewed by Erik Acs, MCIP, RPP,
Manager of Community Planning, and Angela Stea, MCIP, RPP, Director of Community
and Long-Range Planning.
Page 603 of 679
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-Attn: Mayor Diodati Preventing blackouts in Ontario cities
Begin forwarded message:
From: Ruby Mekker <
Date: December 5, 2023 at 12:54:44 PM PST
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: [EXTERNAL]-Attn: Mayor Diodati Preventing blackouts in Ontario cities
Mayor Diodati, Council members,
January 19, 2021, I wrote to you and the Council of the City of Niagara Falls and asked you, “...to rescind
your support for the closure of Ontario gas plants.”
Three years later I am asking you if you have rescinded your support for the closure of Ontario gas
plants? I ask this because according to the data reported on Ontario’s Sygration.com website in just this
week alone, with the limited wind and solar power production, how many times would your city be in a
black out situation without the power produced by gas plants? How far would any Battery Energy
Storage System (BESS) with a 4 hour capacity go to meet the needs of your city?
Ontario Power Generation for December 2, 2023
TOTAL
NUCLEAR [
] 9157 9157 9161 9158 9185 9198 9196 9195 9192 9194 9195 9189 9190 9183 9189 9187 9192 9193 9193 9194 9194 9192 9192 9193
TOTAL
HYDRO [
] 4007 3861 3812 3788 3961 4050 4247 4448 4591 4661 4601 4495 4511 4472 4493 4590 4607 4783 4868 4735 4672 4432 4306 4165
TOTAL GAS [
] 2700 2563 2489 2323 2040 2183 2514 2901 3063 3509 3942 4652 4849 4799 4630 4251 4134 4130 4016 3878 3735 3264 2772 2179
TOTAL WIND [
] 456 372 335 295 436 441 494 602 653 665 608 544 415 400 382 434 543 655 728 838 901 903 945 99
TOTAL SOLAR [ ] 3 2
4 4
7 81 7
4 75 51 15
TOTAL ALL [
] 1634
2 1597
4 1581
7 1558
4 1564
2 1589
2 1647
1 1718
4 1757
1 1812
8 1846
8 1903
6 1911
4 1900
4 1882
0 1855
2 1855
1 1883
5 1888
0 1872
0 1857
7 1782
4 1724
3 1656
1
Ontario Power Generation for December 3, 2023
TOTAL
NUCLEAR [
] 9197 9198 9202 9191 9194 9195 9193 9192 9188 9189 9188 9183 9186 9193 9192 9190 9193 9190 9191 9194 9187 9190 9185 919
0
TOTAL
HYDRO [
] 4214 3716 3242 3177 3506 3972 4270 4401 4470 4580 4632 4582 4860 4655 4472 4570 4723 4696 4595 4445 4264 4202 3895 370
5
TOTAL GAS [
] 1723 1450 1641 1466 1400 1752 2009 2136 2812 3184 3905 4368 4688 4859 4324 3964 3705 4543 4846 4181 3813 3273 2830 217
4
TOTAL WIND [
] 1111 1309 1464 1455 1554 1206 1138 1184 1146 1088 962 812 634 501 723 1174 1238 1132 1262 1572 1877 2059 1920 185
TOTAL
SOLAR [
] 4 30 52 55 55 54 43 18 6 5 5 5 5 5 5 5
TOTAL ALL [
] 1626
5 1569
2 1556
8 1530
8 1567
3 1614
4 1662
9 1693
5 1765
3 1813
4 1881
3 1907
6 1952
7 1935
5 1883
1 1899
0 1894
0 1964
2 1997
5 1947
3 1922
2 1880
6 1791
3 170
0
Ontario Power Generation for December 4, 2023
Page 604 of 679
2
TOTAL
NUCLEAR [ ] 9186 9180 9177 918
0 9182 9187 918
8 918
9 918
9 918
8 919
0 918
7 919
2 919
3 919
3 919
9 920
1 920
4 920
0 919
6 919
2 918
9 918
7 918
0
TOTAL HYDRO [ ] 4058 4030 4074 400
0 4063 3943 396
9 415
1 395
9 391
5 380
0 370
0 370
1 372
3 376
9 402
4 422
0 426
5 438
9 425
1 400
7 376
7 360
5 354
4
TOTAL GAS [ ] 1799 1335 1087 132
4 1711 2776 414
9 514
1 543
7 566
5 571
5 562
4 555
0 524
4 553
2 532
3 527
6 531
0 509
4 520
8 555
5 524
6 490
5 422
7
TOTAL WIND [ ] 1770 1816 1801 167
6 1505 1102 873 700 523 412 441 439 487 623 785 728 765 741 699 558 528 540 550 513
TOTAL SOLAR [
]
1 1 1
5 46 12
7 11
6 111 87 3
8 1
4 3
TOTAL
ALL [
] 1688
8 1643
4 1621
2 1625
4 1653
5 1708
2 1827
3 1929
4 1921
0 1932
7 1934
7 1914
0 1911
4 1894
2 1938
9 1936
1 1954
1 1959
8 1946
0 1929
2 1936
1 1881
6 1832
3 1753
6
Ontario power Generation for December 5, 2023 to 1PM
TOTAL NUCLEAR [ ] 9182 9184 9202 9184 9190 9190 9194 9192 9199 9193 9194 9195 9195
TOTAL HYDRO [ ] 3695 3595 3550 3550 3432 3765 3978 4078 4069 3989 4014 3912 3986
TOTAL GAS [ ] 3536 3453 3272 3162 3274 4064 4693 5339 5812 6074 6114 6228 5652
TOTAL WIND [ ] 406 335 196 122 82 86 100 61 57 64 24 4 6
TOTAL ALL [ ] 16889 16639 16291 16089 16049 17177 18040 18744 19217 19416 19472 19480 18969
I respectfully ask you as Mayor, and your council to recognize that natural gas power production is now
considered a “green” source of power and that in order to prevent blackouts in your city, support for gas
power production is essential.
I hope you will consider my suggestion.
Ruby Mekker
Finch, ON
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We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my
expectation that you read, respond or follow up on this email outside of your work hours.
Page 605 of 679
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-Daycare Start Up
From: David <
Date: December 7, 2023 at 1:49:13 PM MST
To: jim.diodati@niagararegion.ca
Cc: Kim.Craitor@niagararegion.ca, bob.gale@niagararegion.ca,
joyce.morocco@niagararegion.ca, Carl Santos < >, Roger Poirier <
Subject: [EXTERNAL]-Daycare Start Up
CAUTION EXTERNAL EMAIL: This email originated from outside of the Niagara Region email
system. Use caution when clicking links or opening attachments unless you recognize the sender
and know the content is safe.
Good Afternoon Your Worship and Councillors:
I am writing to ask for some help and share some possibly exciting news. At Redeemer Bible,
we are thinking about our community and identifying needs. The increasing need for daycare
spots has been brought to our attention. After some visits to a couple of churches that have
undertaken this project, we would like to go to the next step and have them visit our site and
evaluate what we might have to do to make our space suitable for a daycare program. We would
likely start small with one or two classes, but there is the possibility of greater growth on our
property if our Board and members believe this to be the best way for our Church to use its
resources in service.
I have begun the process of reaching out to the Region. I intend to follow those steps carefully.
My reason for writing to you is to let you know we are looking for ways to serve, support, and
strengthen our community. From the facts I have gathered, I know the need is heavy. If you have
any guidance to offer, any suggestions, or any ideas I would be happy to have a discussion with
you at your convenience. Having communicated with you on other matters I am confident that all
of you will be interested in providing any assistance you can. I look forward to touching base
with you in the weeks and months ahead as we investigate how we can respond to the growing
demand for child care in Niagara Falls and the Niagara Region.
Thanks, Dave Redekop
-- Executive Director
Redeemer Bible Church
3017 Montrose Road, PO BOX 756
Niagara Falls, ON L2E 6V6
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 606 of 679
2
We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my
expectation that you read, respond or follow up on this email outside of your work hours.
Page 607 of 679
1
The Niagara Falls Shadow Council
A registered Independent Social Counseling organization
"Holding Governments Accountable"
Lady Justice
Do not redact the contents of this document
This document can be freely distributed
Comments #12-12-2023-03
Monday, December 11, 2023
Correspondence for the December 12, 2023 Council Meeting
Redeemer Bible Church - Daycare Start Up
Council,
The church property is most likely currently tax exempt, it is my understanding that any
portion not used as a church may lose it's exempt status.
Guidance provided.
Page 608 of 679
2
Joedy Burdett
President of the Niagara Falls Shadow Council
Former 2022 Candidate for The Niagara Falls City
Council election.
Ontario Independent Designer (BCIN 38837)
Building Services, Plumbing-All Buildings, Small
Buildings
Owner Niagara Tinting
4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7
(905) 353 8468
Niagara Falls Shadow Council.ca (TNFSC.ca)
The Niagara Falls Shadow Council is not neither funded or associated with The City of Niagara Falls.
Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian
Charter of Rights.
Page 609 of 679
1
The Niagara Falls Shadow Council
A registered Independent Social Counseling organization
"Holding Governments Accountable"
Lady Justice
Do not redact the contents of this document
This document can be freely distributed
Comments #12-12-2023-02
Monday, December 11, 2023
Correspondence for the December 12, 2023 Council Meeting
F-2023-38 Debenture Financing For Adopted 2024 Capital Budget
Council and Residents of Niagara Falls,
I am rather interested in the way the Corporation of the City of Niagara Falls operates its
finances and presents this information to the public.
Being on the outside, somewhat limits me from analyzing city staff's proposals and the
reasoning behind them, but I will do what I can with the information presented.
I read “F-2023-38 Debenture Financing For Adopted 2024 Capital Budget” without any
time restraints or distractions.
Here are my comments.
I can't help but state that so much more information that could be there, is not.
Two important pieces of information stand out as not having been provided in the report.
The Total Debit Accrued Lifetime Cost of each “Project” and the Debenture Certificate
conditions.
With the constant presentation of reports lacking easily provided relevant information, I
would almost definitely provoke a Council Code of Conduct complaint by my
dissatisfaction with these types of presentations if I was a sitting member of council.
But I am not, so I will concede to voicing my opinion as a resident of Niagara Falls, for
now.
A normal resident of Niagara Falls should not be able to understand the information
within the presentation. Oh, they would be able to read it, see it and visualized it but not
understand it.
And who could blame them with the information this report provides or put another way,
the lack of it.
Page 610 of 679
2
Take, for example, how many residents would know the name of the financial institution
where all the city's funds are kept.
In the entirety of my years watching council and staff, it has never once been revealed
where our monies are located.
Does the city have a single TD checking account with hundreds of millions of dollars in
it, or does it have multiple accounts with multiple banks?
How would one even learn that information, through Freedom of Information request?
The point being that the administration of the City of Niagara Falls, at least from my
continued perception, appears to do the least amount of effort to complete a task. It
consistently fails to provide relevant details the public needs to understand financial
reports.
Perhaps it's detailed enough for all council members to understand, I personally doubt
that though, even considering in-camera budget training, but reports are not just meant
for council to understand, they are also meant for the public to understand.
The limited information presented in the report would frustrate me as a councilor, let
alone as a resident. I sincerely hope councilors consult staff members before council
meetings.
Report F-2023-38 only reaffirms my concerns, of the difficulty that a normal resident
encounters when they try to understand a city financial report.
Firstly, let's get the definition of a “Debenture” out of the way, as it is rather relevant.
From the BDC website https://www.bdc.ca/en/articles-tools/entrepreneur-
toolkit/templates-business-guides/glossary/debenture
"A debenture is a type of long-term business debt not secured by any collateral. It is a
funding option for companies with solid finances that want to avoid issuing shares and
diluting their equity. Debentures can also be useful for companies that don’t want to tie
up assets or who lack collateral for a traditional loan."
"A debenture is a legal certificate that states how much money the investor gave
(principal), the interest rate to be paid and the schedule of payments. Investors usually
receive their principal back when the debenture matures (i.e., at the end of its term). That
means the business typically only pays the interest (a percentage of the face value of the
certificate, or loan amount) during the loan period and then repays the full principal (the
loan amount) when the certificate matures."
A quote from our illustrious CAO, "at the end of the day it all comes from one wallet" or
something like that. A reference that all city monies eventually come from the taxpayer.
Page 611 of 679
3
In essence the city has a single “reserve fund”, that being all the monies the city currently
has, and for the purposes of the 2024 budget, all the monies it will collect during the 2024
year.
Within this primary reserve fund are many sub-reserve funds.
How many sub-reserve funds there are and where the monies in them are keep is a
mystery to me.
Also, from what I have observed, these sub-reserve funds are not all dedicated.
Monies can be transferred from one reserve fund to another on a whim, such as is
proposed within this report, which doesn't give much credibility to allocating funds to a
specific "named" reserve.
Although I understand they must be relied upon at certain times, I am not a fan of
debentures, “loans” to us non-corporate entities.
So the concept of the first part of the report “Summary of Debt Swaps” initially sounds
good, initially that is.
Use reserve funds instead of debentures, avoid interest payments, sure, why not.
Well for one thing, using these reserve funds means they're currently unallocated,
correct? No, no city monies are unallocated while the city has debt. By default, the
primary purpose of monies in the city's possession is to reduce its debt.
The less debt the city has, the less interest paid out on that debt, the more monies the city
has to fund its capital and operational costs and or reduce the levy.
I read that the city is currently spending 10 million dollars each year just to make debt
repayments, that is a lot of money.
Divert the OLG monies (which should not be relied upon for anything anyways) for the
next five years and this city is debt free and $10 million richer every year after.
What the most important unanswerable question of this “swap” proposal is, is there a
better use of the designated reserve funds?
One would need to know if the reserve funds can be applied to pay down a previously
financed debenture or similar debt burden that has a greater financial burden than the
current ones proposed.
With the information provide in the report, the question cannot be answered.
The report has failed to provide the relevant information to consider allocating the
Page 612 of 679
4
designated reserve funds for another purpose. Only two options exist as presented,
allocate the funds or not.
On face value, decisions are never black and white, when they are presented as such, it
should be concluded that the presentation is in error.
With the information proved within the report, the proper course of action would be to
approve the “swaps”, but it should be done under protest of lack of information.
Concerning Attachment #2.
While perusing the report, the mathematician in me instantly noticed relevant information
is missing and or possibly erred.
As mentioned prior, there is no “Total Debit Accrued Lifetime Cost” of each “Project”,
and the method of how the “Total Payment” value was calculated currently eludes me.
One would conclude that the “Principle” multiplied by the “Rate” would equate to the
“Total Payment” value based upon the typical repayment of debentures according to the
BDC, but it does not.
So, when I try to read Attachment #2, with my knowledge, this is what I see;
FR10-22: Plow Truck Replacement Program
$1,636,450 x 5.08% = $83,131 - Interest Payment each year for ten years with principal
due in the last year.
Total Payment should read $83,131
Levy Year 2024 should read $83,131
Levy Year 2025 -2033 should read $83,131
Levy Year 2034 should read $1,719,581
For a Total Debit Induced Lifetime Cost of $2,467,760
In Summary, total debenture financing of the FR10-22: Plow Truck Replacement
Program is going to cost $2,467,760 ($1,636,450 principal, $831,310 interest).
The final cost of the project will be +150% of the principle purchase
I guess it is possible that the “Total Payment” and "2024 Levy Year" may be as indicated,
but without the missing conditions of the Debenture Certificate attached to the report, that
value cannot be validated. This condition exist for all the “Projects” within the report.
I have revised the 2024 Capital Budget - Debt Financing Summary to include the relevant
information;
Page 613 of 679
5
In Summary, it appears city policy is beginning to rely more and more on debt financing,
so much so that it is now becoming normal, and this council is just following along
oblivious to the consequences.
Who makes the decisions for this city anyway, staff or council?
The numbers don't lie, every time you approve a debt finance proposal you are doubling
the cost of the purchase, which creates an undue doubling of the financial burden on
future taxpayers.
Furthermore, with each passing year, the costs are also increasing.
The math of spreading the payments over time doesn't add up if one continually keeps
adding debt each year and there appears to be no foreseeable decline in future yearly city
debt financing.
Future budgets are going to be obligated to levy increase just based upon debt financing
alone.
Page 614 of 679
6
As far as the Annual Repayment Limit (ARL) chart is concerned, the city can just levy
more taxes to alter the chart calculations. What they are not doing is reducing the gross
debt or the annual debt repayment.
At the current rate the city will hit the ARL eventually, but why should this council care,
it won't happen on your watch, you won't be around to deal with the aftermath of your
actions.
I sense you are just transferring a massive debt problem to future councils.
Are cities not supposed to plan 10, 20 years into the future, this council is making
financial plans one year in advance.
Staff are proposing debt financing 25 years into the future, if they can do that then they
should be able to create a 25-year spreadsheet to show the escalating debt repayment
burden for each year of all the past, current, and known proposed projects with just the
current information on hand.
I would demand staff do such, I cannot fathom having financials extending only one year
in advance for a corporation the size of the City of Niagara Falls.
The report should be updated each year and made available to the public.
I was wondering if I submit a single comment to council, will it be placed under the
agenda item it relates too, only one way to find out.
Page 615 of 679
7
Joedy Burdett
President of the Niagara Falls Shadow Council
Former 2022 Candidate for The Niagara Falls City
Council election.
Ontario Independent Designer (BCIN 38837)
Building Services, Plumbing-All Buildings, Small
Buildings
Owner Niagara Tinting
4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7
(905) 353 8468
Niagara Falls Shadow Council.ca (TNFSC.ca)
The Niagara Falls Shadow Council is not neither funded or associated with The City of Niagara Falls.
Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian
Charter of Rights.
Page 616 of 679
December 8th, 2023
To Whom It May Concern:
Re: Municipal Significance Request – 2024 Niagara I Heart Beer & Taco Festival
I am writing to formally request that the 2nd annual Niagara I Heart Beer & Taco
Festival, scheduled for Saturday, March 23rd, 2024, be recognized as an event of
Municipal Significance. This designation is crucial for I Heart Beer Limited to secure a
Special Occasion Permit for the event through the Alcohol and Gaming Commission of
Ontario (AGCO).
The festival is set to take place at the Niagara Falls Convention Centre, running from
1:00 pm to 10:00 pm, encompassing two sessions throughout the day, and is expected
to draw more than 2,000 attendees. To ensure the safety and well-being of all
participants, we have engaged 8 security personnel and 2 duty police officers, in
addition to implementing a comprehensive emergency preparedness plan .
The event will feature 18 drink vendors, including local businesses from the Niagara
region. This not only provides an opportunity to showcase and support local enterprises
but also fosters social engagement within the community.
The I Heart Beer & Taco Festival has gained significant anticipation and popularity since
its inception in 2017. We are thrilled to bring this event to Niagara once again. Our
commitment to promoting responsible enjoyment is unwavering, and we pledge to
uphold all requisite regulations and standards, ensuring a safe and enjoyable
experience for all attendees.
Thank you for considering our request. Should you require any additional information or
clarification, please do not hesitate to contact me at haben@iheartbeer.ca.
Sincerely,
Haben Tekie
Festival Coordinator
haben@iheartbeer.ca
(519)-489-2656
Page 617 of 679
Final Version: Nov 23, 2023 Page 1 of 6
CITY OF NIAGARA FALLS
By-law No. 2023 - 116
A By-law respecting sick leave, pensions and other benefits for employees.
WHEREAS the collective agreements entered into with bargaining agents on behalf of certain
employees of the City of Niagara Falls make provisions for sick leave, pensions and other
benefits; and
WHEREAS it is deemed expedient to pass a By-law to prescribe the sick leave, pensions and
certain other benefits for employees of the City who are not covered by a collective agreement;
and
WHEREAS to facilitate better work-life balance and wellness, employees are encouraged to
utilize annual vacation time entitlements, whenever possible; and
WHEREAS it is understood, however, that due to operational concerns, workload pressures and
personal circumstances, that utilizing vacation time entitlements may not always be possible.
WHEREAS all approved changes by Council will be effective on ratification of this by-law
notwithstanding the changes to the vacation schedule will be effective June 1, 2020.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law
(a) “Corporation” means The Corporation of the City of Niagara Falls;
(b) “Employee” means all permanent full-time employees of the Corporation who are
directly under the control of the Council of the Corporation exclusive of the
employee to whom a collective agreement with any bargaining agent or agency
applies.
2. SHORT TERM DISABILITY
(a) Short Term Disability means the period of time an employee is permitted to be
absent from work with pay by virtue of being sick, quarantined because of
exposure to contagious disease, or because of an accident for which
compensation is not payable under the Workplace Safety and Insurance Act.
Such an employee may be required to supply medical certification for such
absence, certifying that the employee is unable to report to work.
Page 618 of 679
Final Version: Nov 23, 2023 Page 2 of 6
(b) Sick leave shall not be available to a new employee until they have completed a
three (3) month waiting period.
(c) An employee shall be entitled to Short Term Disability coverage in accordance
with Human Resources Policy Number 400.12.
3. PENSIONS
The Corporation and the employees shall make contributions in accordance with the
provisions of the Ontario Municipal Employees Retirement System and the Canada
Pension Plan. The normal retirement age for all Non-Union staff is age 65 as provided
for in the OMERS Pension Plan.
4. GENERAL WELFARE
The Corporation shall make available the following benefits, subject to the provisions of
the plans;
(a) Life and Accidental Death and Dismemberment Insurance
All employees under age 65, one and one-half times basic annual salary to the
next highest $1,000.
For employees who retire after March 1, 2006, retired employees up to 70 years
of age: $50,000. The Accidental Death Dismemberment provision shall not apply
to retired employees.
(b) Extended Health Care Plan $10-$20 deductible. Pay Direct Drug Card program
with a dispensing fee limitation of $10.00 per script, including positive enrolment
and coordination of benefits.
$500 per person every two (2) years for eyeglasses (can be used to offset laser
eye surgery). $100 per person for eye examinations every two years.
Effective September 1, 2008, $1,000 per person every three (3) years for hearing
aids.
(c) A Dental Plan based upon the current benefit service provider at the O.D.A.
Suggested Fee Guide for General Practitioners for the year proceeding the
current year.
Orthodontic benefits, 50% co-insurance, $2,500 per person lifetime maximum.
Crowns and Bridges at 50% co-insurance with an annual maximum of $2,000
every two (2) years.
(d) Paramedical benefits including Chiropractic have a $750 annual maximum for
employees, and $350 annual maximum for employees’ dependents.
(e) A Long Term Disability Plan to provide 75% of normal gross monthly earnings to
a maximum of $8,500 until age 65, plan to be “Own Occupation two years,” to be
effective after an elimination period of 120 days disability. Benefits provided
under Article 4 to be paid by the employer while employee is on LTD. benefit. If
disabled after age 63 benefits are payable until age 65. An employee must make
Page 619 of 679
Final Version: Nov 23, 2023 Page 3 of 6
application for OMERS Disability Pension Benefits if requested to do so by the
LTD carrier.
The services in (a), (b), (c), (d) and (e) shall be paid for 100% by the Corporation. The
services in (a), and (b) shall be available to employees retired after January 1, 1969 and
the cost shall be borne 100% by the Corporation, so long as the coverage is available
from the Underwriter at group rates.
The services in (a), (b) (c) and (d) shall be available to employees who retire early using
options offered by O.M.E.R.S. Pension Plan (30 years and/or 90 factor), and the cost
shall be borne 100% by the Corporation until such employees attain the age of sixty five
(65), as long as the coverage is available from the Underwriter at group rates. The
services in (c) shall be available to employees retiring with the “90 factor” and/or retired
with a full unreduced OMERS pension.
5. PAID HOLIDAYS
In accordance with Ontario Employment Standards guidelines, an employee shall
receive the equivalent of one (1) day’s pay at their current rate for each of the following
holidays, regardless of the day on which the holiday is observed:
New Year’s Day Family Day Good Friday
Easter Monday Victoria Day Canada Day
Civic Holiday Labour Day Thanksgiving Day
Christmas Day Boxing Day
One day on Christmas Eve or New Year’s Eve or other day designated by the
Corporation (the choice at the discretion of the Corporation);
Employees will receive two Floating Holidays in recognition of Truth and Reconciliation
Day and Remembrance Day. New employees who start prior to September 30th of the
current year will receive two Floating Holidays, new employees who start after
September 30th and prior to November 11th will receive one Floating Holiday. Floating
Holiday entitlement is to be scheduled by mutual agreement between the employee and
their supervisor;
and any other day proclaimed as a holiday by the Federal or Provincial Government or
the Mayor of the City of Niagara Falls provided that:
(a) The employee has worked their scheduled regular day of work preceding or their
scheduled regular day of work following the paid holiday, unless excused in
writing by a Human Resources representative, for reasonable cause.
(b) If a paid holiday is observed during an employee’s vacation, such employee shall
be given another day’s vacation with pay.
Page 620 of 679
Final Version: Nov 23, 2023 Page 4 of 6
6. VACATIONS
The vacation accrual year is June 1st to May 31st. An employee shall receive an annual
vacation and vacation pay based on the accrual year on the following basis:
Years of Service as of
May 31st of the Current Year Vacation Vacation Pay
Less than one year 1 working day for
each month up to a
maximum of 10
4%
*One year or more 3 weeks 6%
Eight years or more 4 weeks 8%
Fifteen years or more 5 weeks 10%
Twenty-four years or more 6 weeks 12%
New employees with previous direct experience may be credited for years of service at
the discretion of Human Resources. Those employees may be considered as having
similar related experience toward the calculation of years of service for their vacation
allotment.
Each week of vacation pay will be calculated at the appropriate percentage shown
above of gross annual earnings in the vacation year ending May 31st, or at the
employee’s normal weekly hours times their regular rate, whichever is greater.
An absent employee who ceases to be entitled to receive pay from the Corporation due
to being granted leave of absence without pay or having exhausted their sick leave
credits shall be entitled to vacation pay only to the extent and in proportion to the time for
which s/he has been paid during the year ending May 31st based on their standard
working hours during such year.
Subject to Department Head approval up to ten (10) days’ vacation may be carried
forward from May 31st to June 1st the following vacation accrual year. For those in salary
grades 11 - 13 only, vacation time may be carried forward to the following vacation
accrual year up to the employee’s maximum annual vacation time entitlement. Any
special exceptions require the approval of the Chief Administrative Officer.
The City reserves the right to refuse such requests due to operational considerations
and/or impose reasonable limits on any vacation time taken in excess of three
consecutive weeks.
Page 621 of 679
Final Version: Nov 23, 2023 Page 5 of 6
7. OVERTIME
(a) Employees in Level 6 and Below
Employees in these levels will be paid at time-and-one-half for all hours worked,
Sundays or Paid Holidays included. Ten days of lieu time at the normal weekly
hours may be accumulated and is earned at time-and-one-half, Sundays
included.
(b) Employees in Level 7 and Above
Employees in these levels may accumulate ten (10) days of lieu time which is all
earned at straight time, Sundays or Paid Holidays included.
*Supervisors only (Level 7 and 8) who work on any of the 11 normal paid
holidays will be paid double time for those hours only. No equivalent time off
will be granted.
A minimum of thirty (30) minutes overtime must be performed at any one time
before overtime is payable.
(c) Overtime worked by any one employee shall be limited by the provisions of the
Employment Standards Act. In case of an accident or in case of work urgently
required to be done to machinery or plant, the employer may require an
employee to work beyond the normal limits of hours of work prescribed by the
Employment Standards Act. Authorization for such emergency conditions shall
be obtained from the Chief Administrative Officer and shall include but not limited
to employees who are required to work and/or operate vehicles while responding
to an emergency situation or impending situation that constitutes an imminent
threat, risk or danger, though not necessarily one of major proportions to life,
property or the environment, whether caused by forces of nature, an accident, an
intentional act or otherwise.
(d) Provided employees have maximized their lieu time of ten (10) days, overtime
may be payable up to a maximum of one (1) week per calendar year for
emergency situations identified in part (c).
(e) All work for which overtime is payable must be authorized by the Department
Head concerned.
(f) Non-Union staff are not entitled to meal allowances for Overtime worked.
8. PAYMENT TO SHIFT SUPERVISOR
The Shift Supervisor will be paid the following shift premium in addition to their regular
rate of pay:
Regular scheduled shift starting between 12midnight to 6am - $1.00 per hour.
9. By-law Number 2020-71 is hereby repealed.
Page 622 of 679
Final Version: Nov 23, 2023 Page 6 of 6
Read a first, second and third time and passed.
Signed and sealed in open Council on this 12th day of December, 2023
............................................................... ........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 623 of 679
CITY OF NIAGARA FALLS
By-law No. 2023 - 117
A by-law to amend By-law 2019-004, Council’s Procedural by-law, with respect to the
yearly Schedule of Meetings.
WHEREAS Section 5.1 of the Procedural By-law states that all regular meetings of
Council shall be held according to the schedule to be set annually and approved by
Council.
WHEREAS Council has approved the 2024 Schedule of meetings by way of approval of
report CLK-2023-07, 2024 Council Schedule.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 . That Schedule “A” attached hereto be adopted to reflect the 2024 Council Meeting
Schedule.
2. That the Council Meetings be scheduled to start at 3:00pm on the applicable dates
as noted in the attached schedule, with the exception of:
July 16, 2024 at 1:00pm as part of the Summer Schedule
August 13, 2024 at 1:00pm as part of the Summer Schedule
December 10, 2024 at 1:00pm, as it is the last meeting until the new year
Read a first, second and third time and passed.
Signed and sealed in open Council on this 12th day of December, 2023
............................................................... ........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 624 of 679
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
JANUARY FEBRUARY MARCH
2024
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
APRIL MAY JUNE
JULY AUGUST SEPTEMBER
OCTOBER NOVEMBER DECEMBER
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
1 2 3 4 5
8 9 10 11 12
15 16 17 18 19
22 23 24 25 26
29 30 31
1 2
5 6 7 8 9
12 13 14 15 16
19 20 21 22 23
26 27 28 29
1 2 3 4 5
8 9 10 11 12
15 16 17 18 19
22 23 24 25 26
29 30
1 2 3
6 7 8 9 10
13 14 15 16 17
20 21 22 23 24
27 28 29 30 31
3 4 5 6 7
10 11 12 13 14
17 18 19 20 21
24 25 26 27 28
1 2 3 4
7 8 9 10 11
14 15 16 17 18
21 22 23 24 25
28 29 30 31
1
4 5 6 7 8
11 12 13 14 15
18 19 20 21 22
25 26 27 28 29
2 3 4 5 6
9 10 11 12 13
16 17 18 19 20
23 24 25 26 27
30 31
1 2 3 4 5
8 9 10 11 12
15 16 17 18 19
22 23 24 25 26
29 30 31
1 2
5 6 7 8 9
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
2 3 4 5 6
9 10 11 12 13
16 17 18 19 20
23 24 25 26 27
30
Council Meeting Holiday AMCTO ConferenceAMO Conference
1
4 5 6 7 8
11 12 13 14 15
18 19 20 21 22
25 26 27 28 29
New Year's
Day
Family Day
Good
Friday
Easter
Monday
Victoria Day
Canada Day
Civic
Holiday
Labour Day
Thanksgiving
Christmas
Day
Boxing Day
March Break
Budget
Budget
Christmas
Floater
Page 625 of 679
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2023 - 118
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited, Stopping Prohibited,
Community Safety Zones, Stop Signs at
Intersections, Limited Parking)
---------------------------------------------------------------
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 items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Second Avenue
Second Avenue
Second Avenue
Second Avenue
East
East
West
West
Southern terminus of Second Avenue to
Stamford Street
A point 23 metres north of Stamford Street
and a point 115 metres North of Stamford
Street
Southern terminus of Second Avenue and
Stamford Street
Stamford Street and McRae Street
At All Times
At All Times
At All Times
At All Times
Lewis Ave. North Kitchener Street and a point 55 m west of
Kitchener Street
No Parking
At All Times
Tow Away Zone
Page 626 of 679
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Lewis Ave. North a point 55 m west of Kitchener Street and a
point 177 m west of Kitchener Street
No Parking
Except by Permits
September 1st to May
31st
Lewis Ave. North a point 177 m west of Kitchener St. and Centre
Street
No Parking
At All Times
Tow Away Zone
Lewis Ave.
South Kitchener St. and a point 25 m east of Centre
St.
At All Times
Except by Permit
(b) by adding to the specified columns of Schedule A thereto the following item:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Carlton Avenue
Both
Ash Street and the northern terminus
of Carlton Avenue
8:00AM to 10:00AM and
2:00PM to 4:00PM,
Monday to Friday,
September to June
(c) by removing from the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Second Ave.
Second Ave.
Second Ave.
North
North
East
The western edge of Second Ave. (southern
North/south segment) and a point 12 m west of
The western edge of Second Ave. (southern
North/south segment
The eastern edge of Second Ave. (southern
North/south segment) and the eastern terminus
Of Second Ave. (east/west segment)
A point 23 m north of Stamford St. and
A point 53 m north of Stamford St.
At All Times
At All Times
At All Times
Lewis Ave.
North Kitchener St. and Centre St. At All Times
Tow Away Zone
Lewis Ave.
South Kitchener St. and a point 75 m west of
Kitchener St.
At All Times
Except By Permit
Lewis Ave.
South A point 95 m west of Kitchener St. and a point
25 m east of Centre St.
At All Times
Except By Permit
Page 627 of 679
(d) by adding to the specified columns of Schedule AD thereto the following items:
COMMUNITY SAFETY ZONES
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
TIMES/DAYS/MONTHS
Drummond Road
A point 75 metres south of Morrison St. & a point 113
metres south of Cherrywood Rd.
At All Times
Portage Road A point 35 metres south of William St. & a point 30 metres
south of Althea St.
At All Times
(e) by adding to the specified columns of Schedule P thereto the following item:
STOP SIGNS AT INTERSECTIONS
COLUMN 1
INTERSECTION
COLUMN 2
FACING TRAFFIC
Hawkins Street and Paisley Avenue
Southbound on Paisley Avenue
Hawkins Street and Parklawn Crescent Southbound on Parklawn Crescent
Hawkins Street and Whitman Avenue Southbound on Whitman Avenue
(f) by removing from the specified columns of Schedule E thereto the following items:
LIMITED PARKING
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES OR DAYS
COLUMN 5
MAXIMUM PERIOD
PERMITTED
Lewis Ave. South A point 75 m west of
Kitchener St. and a point
95 m west of Kitchener
St.
9:00 a.m.to 8:00 p.m.
15 minutes
Armoury St.
North Victoria Ave. and Second
Ave.
8:00 a.m. to 6:00 p.m. 2 hours
Page 628 of 679
This By-law shall come into force when the appropriate signs are installed.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 12th day of December, 2023.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 629 of 679
CITY OF NIAGARA FALLS
By-law No. 2023-119
A by-law to provide for the adoption of Amendment No. 157 to the City of Niagara Falls
Official Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 157 to the City of Niagara Falls Official Plan, constituting the
attached map, is hereby adopted.
Read a First, Second and third time: passed, signed and sealed in open Council
this 12th day of December, 2023.
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
Page 630 of 679
2
OFFICIAL PLAN AMENDMENT NO. 157
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to permit the conversion of one industrial (i.e.
employment) land site to a non-industrial use as this site contains land uses
(primarily residential) that do not conform to the Industrial designation in the City’s
Official Plan. Without the conversion, the introduction of an industrial use to this
area could then cause a future land use conflict.
(ii) Location of the Amendment
The amendment applies to lands in the vicinity of the Gale Centre and more
specifically on lands located along Second and Fourth Avenue, north of Hamilton
Street as shown on Schedule “A” attached to Official Plan Amendment No. 157
and is approximately 2.5 hectares in size.
(iii) Details of the Amendment
Map Changes
MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended
to show the change from Industrial to Residential for the one subject employment
lands site.
(iv) Basis of the Amendment
The City initiated an amendment to consider the conversion of industrial (i.e.
employment) land sites to a non-industrial use as both areas contain land uses
(primarily residential) that do not conform to the Industrial designation in the City’s
Official Plan.
The site was not considered by the City's Employment Lands Strategy and staff
were made aware of potential land use conflicts through development inquiries.
These lands are currently designated Industrial as shown on Schedule A – Future
Land Use in the City’s Official Plan. An amendment was initiated to determine if
the potential conversion to a non-industrial use was appropriate and justified.
The City’s Employment Land Strategy contains a framework and specific re-
evaluation criteria for assessing the conversion of industrial lands. The conversion
criteria include key principles that are both contained in the Provincial Growth Plan.
Further, to Provincial criteria each of the sites will need to satisfy a set of localized
criteria. The localized criteria include:
• The area is located outside of an established or a proposed industrial park.
• The area is not located near other designated employment lands.
Page 631 of 679
3
• The area is surrounded by non-employment land uses on three sides.
• The conversion would not create incompatible land uses.
• Conversion of the subject lands would not negatively impact other
employment lands in the areas.
• Conversion would support the City’s planning objectives and would not
contravene any City policy planning objectives.
• The subject area is primarily residential and as such offer limited market
choice for future employment land development due to small size,
configuration and lot conditions.
• The subject area does not offer potential future expansion on existing or
neighbouring employment lands.
A review of the subject lands found that its conversion complied with these criteria.
A Special Policy Area Designation (No. 91) is applied to the lands to address land
use capability of any proposed sensitive uses that may be in proximity to existing
or potential employment uses.
Page 632 of 679
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting
of the following Map and Text Changes, constitute Amendment No. 157 to the Official Plan
of the City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
The “Area Affected by this Amendment”, shown on the map attached hereto, entitled
“Map 1 to Amendment 157”, shall be identified as Residential and Special Policy
Area “91” on Schedule A – Future Land Use to the Official Plan.
2. TEXT CHANGE
PART 2, SECTION 13- SPECIAL POLICY AREAS is hereby amended by adding the
following subsection:
13.91 SPECIAL POLICY AREA “91”
Special Policy Area “91” applies to the 2.5 hectare site located on lands along Second
and Fourth Avenue, north of Hamilton Street. New residential development on these
lands shall have regard for compatibility with nearby existing and future industrial uses
in terms of Provincial D-6 Guidelines or their equivalent.
Page 633 of 679
Page 634 of 679
CITY OF NIAGARA FALLS
By-law No. 2023-120
A by-law to fees and charges for various services, licences and publications for the City
of Niagara Falls.
WHEREAS it has been the municipality’s practice to consolidate fees and charges in a
booklet for the ease of the public; and
WHEREAS all the charges contained within the by-law and booklet were previously
approved by Council; and
WHEREAS a copy of this by-law, in the form of a booklet, will be available at City Hall
for public consumption.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. That the fees and charges for various services licences and publications for the
City of Niagara Falls are hereby imposed as set out in Schedule A, attached to
this by-law.
2. That By-law 2022-135 is hereby repealed.
Passed this thirteenth day of December 12, 2023.
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 12, 2023
Second Reading: December 12, 2023
Third Reading: December 12, 2023
Page 635 of 679
Schedule of Fees
January 1, 2024
Page 636 of 679
3-4
Finance
Water Rates 5
Water/Tax fees 6
Legal 7
Business Development 7
Planning, Building & Development
Planning
Official Plan Amendment/Zoning by-law Amendment/Site Plan Amendment 8
Committee of Adjustment/Publications/CIP's 9
Building
Occupancies 10-11
Building Stand Alone Permit Fees 12-13
Demolition/Administration Fees 14
Sign/Pool Permits, Deposits, Lot Grading, Refunds 15
Municipal Enforcement & Property Standard Fees/Other Applicable Fees 16
Development Charges 17-18
Municipal Works
Water/Sewer Fees 19-20
Subdivision & Vacant Land Condominium and Deposits/Administrative Fees 21
Forestry/Curb & Sidewalk Alterations 22
Parking & Traffic 23-24
Fire
Inspections/Approvals/Permits/Products/Misc.25-26
Training/Public Education Services/Fire Protection Services 27
Cemeteries
Interment Rights/Fees/Services 28
Dis-Interment Services/Administration Services 29
Products/Memorial Program/Foundation/Marker/Installation Services 30
Notes 31
Recreation, Culture & Facilities
Ice/Floor Rentals 32
Special Event Rental Rates 33
Room Rentals (MacBain Community Centre)34
MacBain Community Centre - Indoor Play Structure/Birthday Parties 35
Older Adults (MacBain Community Centre) Program & Rental Fees 36
Aquatics (MacBain Community Centre) 37
Room Rentals (Gale Centre/Chippawa Arena)/Public Skating 38
Playing Fields 39
Museum Fees 40-41
Niagara Falls Exchange Fees/Rentals 42-43
Clerks Department
Table of Contents
Page 637 of 679
Licence $ Rate $ HST Expiration Date
Amusement Place, etc. 45.00 N/A April 30
Auctioneers 65.00 N/A December 31
Bake Shops 30.00 N/A December 31
Barber Shops, Hair Dressing & Esthetician Establishments 30.00 N/A December 31
Bill & Sign Posting and Installation 100.00 N/A December 31
Billiard, Bagatelle & Pool Establishments 70.00 N/A December 31
Billiard, Bagatelle & Pool Establishments - plus rate per table 20.00 N/A December 31
Bowling Alleys - per lane 20.00 N/A December 31
Butchers 30.00 N/A December 31
Camping Establishments 110.00 N/A December 31
Commercial Parking Lots 100.00 N/A December 31
Driving Schools 60.00 N/A December 31
Driving Instructors 25.00 N/A December 31
Exhibitions, etc. 45.00 N/A December 31
Flea Markets for first 3 consecutive days 650.00 N/A December 31
Flea Markets - additional rate per day 100.00 N/A To a maximum of $1,150
in one calendar year
Food Premises 30.00 N/A December 31
Laundrymen, Laundry Companies, Dry Cleaners, etc. 30.00 N/A December 31
Motels per room 40.00 N/A April 30
Motels Plus rate per room 5.00 N/A April 30
Pawn Brokers 110.00 N/A December 31
Pedlars - Resident 110.00 N/A December 31
Pedlars - Non-resident 650.00 N/A December 31
Photographers - Resident 65.00 N/A December 31
Photographers - Non-resident 140.00 N/A December 31
Public Garages 30.00 N/A December 31
Public Auto Service Stations 30.00 N/A December 31
Public Hall Grade 1 - Capacity 1,000+45.00 N/A December 31
Public Hall Grade 2 - Capacity 600-999 40.00 N/A December 31
Public Hall Grade 3 - Capacity 300-599 35.00 N/A December 31
Public Hall Grade 4 - Capacity 299-under 30.00 N/A December 31
Refreshment Vehicles - Motorized 185.00 N/A April 30
Refreshment Vehicles - Non-Motorized 100.00 N/A April 30
Restaurants 40.00 N/A December 31
Specific Location Daily Sales - Resident 150.00 N/A To a maximum of $1,000
in one calendar year
Specific Location Daily Sales - Non-Resident (for 1st day)500.00 N/A N/A
Plus additional rate per day 100.00 N/A N/A
Charitable Groups - for first 3 days 325.00 N/A To a maximum of $575
in one calendar year
Plus additional rate per day 50.00 N/A N/A
Tattoo and Body Piercing Parlours 100.00 N/A December 31
Theatres 110.00 N/A December 31
Tourist Homes, Bed & Breakfasts 65.00 N/A April 30
Second Level Lodging 200.00 N/A December 31
Group Homes 25.00 N/A December 31
First year Administrative Fee on all Licences 25.00 N/A N/A
Clerks Department
3
Page 638 of 679
Marriage Licence Fees $ Rate $ HST Expiration Date
Marriage Licence (payable at the time of application)150.00 N/A N/A
Seasonal Business Services Licences $ Rate $ HST Expiration Date
Seasonal Business Services Licence 1,200.00 N/A
Valid from Victoria Day
weekend until Canadian
Thanksgiving
Monthly Seasonal Business Service Licence 300.00 N/A Valid for four (4) consecutive
weeks.
Civil Marriage Ceremony Fees $ Rate $ HST Total
Civil Marriage in or at City Hall i.e. Council Chambers during
business hours of 9:00 am to 4:00 pm $175.00 City
Administration Fee (non-refundable) $175.00 Officiant fee(1)
350.00 45.50 395.50
Civil Marriage in City of Niagara Falls/Off site in Ontario
outside of business hours $175.00 City Administration Fee
(non-refundable) $250.00 Officiant fee(2)
425.00 55.25 480.25
Rehearsal Fee(1)(2) (plus Officiant expenses)75.00 9.75 84.75
Witness Fee (Municipal Staff - per employee) during business
hours (if required)25.00 3.25 28.25
Cleaning Fee (if required)100.00 13.00 113.00
Milage/Expenses - outside of business hours: mileage charge
at current rate as approved by Council; applicable expenses
as agreed upon by both parties, i.e. meals, accomodations
(1) Where a ceremony is performed by a Marriage Offciant who is an employee of the City, the Marriage Officiant Fee is
retained by the City of Niagara Falls
(2) Payment of the City's portion of applicable fees is mandatory and shall not be waived by the Clerk or Designated Officiant.
The Marriage Officiant may , at their sole discretion, waive the portion of the fees (Officiant/Mileage/Expenses) which would
otherwise be payable to them
(3) All applicable insurance coverage shall be the responsibility of the couple and the City shall be provided with the applicable
documentation, including the use of City Hall.
Additional Notes:
1. Additional rental fees may apply for the use of other locations outside of City Hall. Bookings for any other facility is the
responsibility of participants to make appropriate arrangements and payment for a facility to be utilized for the Marriage Ceremony.
2. Fees do not include the Marriage Licence Fee which is established by by-law and my be amended from time to time.
3. All marriage ceremonies shall be performed in accordance with the City's Civil Marriage Soleminization Policy.
Vacation Rental Units/Bed & Breakfast $ Rate $ HST Total
Vacation Rental Units/Bed & Breakfast - new licence or
ownership change*500.00 N/A 500.00
Renewal of Vacation Rental Unit or Bed & Breakfast (annual)*250.00 N/A 250.00
*this fee includes the Fire Inspection Fee
Council Code of Conduct $ Rate $ HST Expiration Date
Filing Fee 500.00 N/A N/A
Note: In the event that the Integrity Commissioner determines that a complaint is frivolous, vexatious, contains sufficient grounds to
support an investigation, or that it is determined that no violation occurred, that the complainant shall forfeit the filing fee of $500. If the
Integrity Commissioner finds there are sufficient grounds to support an investigation, 50% of the filing fee shall be refunded.
Clerks Department
4
Page 639 of 679
Water Rates
Consumption Charge
Water
Sewer
Rate Table for Monthly Service Charges
Meter Size Water $ Fee Sewer $ Fee
15 millimeters (5/8")21.99 24.82
18 millimeters (3/4")21.99 24.82
25 millimeters (1")32.99 37.23
37 millimeters (1 1/2")82.47 93.08
50 millimeters (2")153.94 173.75
75 millimeters (3")302.38 341.30
100 millimeters (4")527.80 595.72
150 millimeters (6")1,033.61 1,166.61
200 millimeters (8")1,737.34 1,960.90
250 millimeters (10")2,496.05 2,817.25
Flat Rate Table for Monthly Service Charges
Flat Rate Monthly Charges Water $ Fee Sewer $ Fee
Monthly Charges 51.64 58.13
Flat Rate New Construction
Monthly Charges Water $ Fee Sewer $ Fee
New Construction Monthly Charges 25.90 26.99
Residential Reluctant Monthly
Charges Water $ Fee Sewer $ Fee
Reluctant Monthly Charge 154.92 174.39
*Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late
Payment Charge of 1.25% to be added to the water account at the beginning of each month. The Municipal Act provides the City
with the authority to transfer unpaid water/sewer charges to the property tax account of the owner. A processing fee of $30 is charged
on each account transferred to taxes due to non-payment.
Finance
Rate
$1.314 per cubic meter
$1.518 per cubic meter
5
Page 640 of 679
Water $ Fee $ HST $ Total
New Account Set Up Fee 30.00 N/A 30.00
Collection Charge - overdue water bills 30.00 N/A 30.00
Water Information per property 20.00 N/A 20.00
Meter Data Fee 30.00 N/A 30.00
Administration Fee for Water Arrears Transferred to Outside Collection
Agency 30.00 N/A 30.00
Water Bill Reprint 20.00 N/A 20.00
Water Bill Statement of Account - Current Year no charge N/A 0.00
Water Bill Statement of Account - One Year & Prior 15.00 N/A 15.00
Transfer Fee between accounts (first time free)20.00 N/A 20.00
Transfer to /from tax (first time free)20.00 N/A 20.00
Refund on Credit on Water Account (first time free)20.00 N/A 20.00
For water shut-off fees, please refer to our Municipal Works: Water fees on page 20.
Note: for the purpose of this by-law, normal working hours or water shutoff/turn on shall mean (exclusive of observed holidays): April to
November - Monday to Friday between 8:00 am and 3:45 pm; November to April - Monday to Thursday 8:00 am and midnight, Friday 8:00 and 3:45 pm
Tax Information $ Fee $ HST $ Total
Tax Certificate per property 70.00 N/A 70.00
Tax Information per property 40.00 N/A 40.00
Registration Fees - Mortgage Letter 40.00 N/A 40.00
Registration Fees - Debt Farm Letter 40.00 N/A 40.00
Registration Fees - Final Letter 40.00 N/A 40.00
Interest/Penalty on Tax Arrears 1.25%N/A 1.25%
Extension Agreements 500.00 N/A 500.00
Personal Tax Information Copy - Current Year no charge N/A no charge
Personal Tax Information Copy - One Year and prior 15.00 N/A 15.00
Personal Tax Information Copy - Prior to 1990 50.00 N/A 50.00
Mortgage Company Administration Fee 15.00 N/A 15.00
Tax Bill Reprint 15.00 N/A 15.00
Transfer Fee to tax account - internal 30.00 N/A 30.00
Transfer Fee to tax account - external 50.00 N/A 50.00
Refund Credit on Tax Account (first time free)20.00 N/A 20.00
Licences $ Fee $ HST $ Total
Dog Licence - Neutered 20.00 N/A 20.00
Dog Licence - Non-Neutered 40.00 N/A 40.00
Miscellaneous $ Fee $ HST $ Total
Returned Cheque Fee - per account 35.00 N/A 35.00
Ownership/Address change request 20.00 N/A 20.00
Rush Tax Certificates 120.00 N/A 120.00
New Roll Creation 40.00 N/A 40.00
Finance
6
Page 641 of 679
Description $ Fee*$ HST $ Total
Preparation of Subdivision Agreement 3,500.00 N/A 3,500.00
Preparation of Development Agreement 3,500.00 N/A 3,500.00
Preparation of Condominium Agreement 3,500.00 N/A 3,500.00
Preparation of Site Plan Agreement 1,500.00 N/A 1,500.00
Preparation of Amending Site Plan Agreement 650.00 N/A 650.00
Preparation of Section 37 Agreement 1,000.00 N/A 1,000.00
Preparation of Conservation Easement Agreement 750.00 N/A 750.00
Preparation of Encroachment Agreement 500.00 N/A 500.00
Preparation of Easement Agreement 500.00 N/A 500.00
Preparation of Lease/Licence Agreement with the City 500.00 65.00 565.00
Preparation of Release of Easement 150.00 N/A 150.00
Preparation of Amending Encroachment Agreement/Assignment of
Encroaching Agreement 250.00 N/A 250.00
Preparation of Registration Document for Part Lot Control By-Law 200.00 N/A 200.00
Preparation of Registration & Discharge for Property Standards Order 150.00 N/A 150.00
Preparationof all other Agreements 1,500.00 N/A 1,500.00
Preparation of Release and/or Discharge of Agreement 150.00 N/A 150.00
Processing of Air Rights Easement 500.00 N/A 500.00
Processing of Conveyance of Lands for Road Widening/Daylighting Triangle 250.00 N/A 250.00
Processing of Dedication/Lifting of Reserve Blocks 250.00 N/A 250.00
Processing of request to Encroach on City Owned Property - Residential 250.00 N/A 250.00
Processing of request to Encroach on City Owned Property - Commercial 500.00 N/A 500.00
Request to Purchase Property that has not been previously declared surplus 500.00 N/A 500.00
Deposit for Appraisal & Reference Plan costs associated with approved
purchase of property that has not been previously declared surplus 5,000.00 N/A 5,000.00
Request to Lease/Licence City Owned Property 500.00 N/A 500.00
Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00
*The above fees are subject to Applicable Disbursements and Registration Costs and are at the discretion of the City
Solicitor
Description $ Fee*$ HST $ Total
Stanley Ave. Business Park Assoc. Annual Sign Fee for Third Party
Advertising (for 4 panels)500.00 65.00 565.00
Term: October 1, 2024 to September 30, 2025
Payment Due Date: September 1, 2024
Legal
Business Development
7
Page 642 of 679
Official Plan Amendment $ Fee*$ HST $ Total
Official Plan Amendment Application 13,000.00 N/A 13,000.00
More than two (2) submissions of plans & studies for review
$1,500 for each
subsequent
submission
N/A
$1,500 for
each
subsequent
submission
Aggregate Resource Extraction Full Cost
Recovery N/A Full Cost
Recovery
Preconsultation $ Fee*$ HST $ Total
Preconsultation Fee (consent & site plan) 750.00 N/A 750.00
All other applications 1,500.00 N/A 1,500.00
More than two (2) submissions of a concept for review/preparation of a second
checklist
$500 for each
subsequent
submission
N/A
$500 for each
subsequent
submission
Zoning By-Law Amendment $ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys)15,750.00 N/A 15,750.00
Complex (review of 3 or more studies required for the application)13,000.00 N/A 13,000.00
Standard 6,100.00 N/A 6,100.00
Request for a Minister's Zoning Order (MZO)/Review of Ministry Initiated MZO 6,100.00 N/A 6,100.00
Request to lift a Holding (H) Regulation 2,000.00 N/A 2,000.00
More than two (2) submissions of plans & studies for review
$1,500 for each
subsequent
submission
N/A
$1,500 for
each
subsequent
submission
Official Plan & Zoning By-Law Amendment (Combined)$ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys)17,500.00 N/A 17,500.00
All Other Lands 14,600.00 N/A 14,600.00
More than two (2) submissions of plans & studies for review
$1500 for each
subsequent
submission
N/A
$1500 for
each
subsequent
submission
Site Plan Amendment $ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys)7,500.00 N/A 7,500.00
All Other Lands 5,500.00 N/A 5,500.00
Amendment to Site Plan Agreement 1,550.00 N/A 1,550.00
Site Plan Resubmission (after 2 submissions within 1 year of original application)3,200.00 N/A 3,200.00
Plan of Subdivision $ Fee*$ HST $ Total
Draft Plan 14,600.00 N/A 14,600.00
Modifications to Draft Plan Approval 2,600.00 N/A 2,600.00
Extension to Draft Plan Approval 1,050.00 N/A 1,050.00
Plan of Condominium $ Fee*$ HST $ Total
Vacant Land 10,800.00 N/A 10,800.00
Conversion 4,300.00 N/A 4,300.00
Standard/Common Element 3,000.00 N/A 3,000.00
Extension of Draft Plan 2,000.00 N/A 2,000.00
Modification of Draft Plan - Vacant Land Condominium 2,750.00 N/A 2,750.00
Modification of Draft Plan - Standard/Conversion 2,000.00 N/A 2,000.00
Exemption to Condominium Draft Plan Approval 3,000.00 N/A 3,000.00
Part Lot Control $ Fee*$ HST $ Total
Separation of semi-detached/on-street townhouse units per lot/block (and $510
for each additional lot, per request)1,850.00 N/A 1,850.00
Deeming by-law (no fee when combined with a zoning amendment)1,625.00 N/A 1,625.00
Property Relotting for the first lot (and $510 for each additional lot created from
the same lands)3,675.00 N/A 3,675.00
Public Notification $ Fee*$ HST $ Total
Mailing Re-notification 400.00 N/A 400.00
Reassessment requiring a further report 1,000.00 N/A 1,000.00
Newspaper re-notification ($600 deposit payable with application)Actual Cost N/A Actual Cost
Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara
Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable.
Notes: Additional fees from the Legal Department are required for applications requiring agreements and registrations of some by-laws.
Planning, Building & Development
8
Page 643 of 679
Committee of Adjustment $ Fee $ HST $ Total
Consent Application 3,675.00 N/A 3,675.00
Consent Application to separate two existing units 1,850.00 N/A 1,850.00
Change of Conditions 600.00 N/A 600.00
Minor Variance 2,300.00 N/A 2,300.00
Re-notification/Rescheduling (consent/minor variance)300.00 N/A 300.00
Concurrent Consent/Minor Variance Application 4,450.00 N/A 4,450.00
Concurrent Consent Application - First Application 3,675.00 N/A 3,675.00
Each additional consent application for the same lands 550.00 N/A 550.00
Request for Exemption from 2-year waiting period for variances 425.00 N/A 425.00
Additional fee for calling of a Special Meeting to address an application 800.00 N/A 800.00
Sign By-Law $ Fee $ HST $ Total
Sign by-law Variance 2,300.00 N/A 2,300.00
Sign by-law Amendment 6,100.00 N/A 6,100.00
Sidewalk Cafes $ Fee $ HST $ Total
Application for Sidewalk Café 525.00 N/A 525.00
Licence fee for Sidewalk Café (minimum fee - $350, maximum fee - $5,000)$35.00/m²N/A $35.00/m²
Compliance Letters $ Fee $ HST $ Total
Site Plan Compliance Letter (no fee when combined with a zoning
confirmation letter)231.75 N/A 231.75
Environmental Request Letter (no fee when combined with a zoning
confirmation letter) 231.75 N/A 231.75
Zoning Compliance Letter/Certificate (required before a site plan application is
accepted)231.75 N/A 231.75
Heritage Status Inquiry 231.75 N/A 231.75
Publications $ Fee $ HST $ Total
Official Plan 39.82 5.18 45.00
Zoning By-Law 79-200 (as amended) 38.82 5.05 43.87
Photocopying - 4 pages or more - black & white 0.27 0.04 0.31
Community Improvement Plans $ Fee $ HST $ Total
Brownfield CIP 8.85 1.15 10.00
Brownfield Strategy No charge No charge No charge
Pilot Project Area No charge No charge No charge
Financial Incentives No charge No charge No charge
Main & Ferry SWOT Analysis Report No charge No charge No charge
Historic Drummondville CIP 8.85 1.15 10.00
Downtown CIP 8.85 1.15 10.00
Planning, Building & Development
9
Page 644 of 679
Minimum Building Permit Charge 231.75
NEW BUILDINGS
Group A - Assembly Occupancies Permit Fee per m2
All Recreational Facilities, Schools, Daycare Facilities, Libraries, Places of
Worship, restaurants (finished), Theatres, Arenas Gymnasiums, Transit
Stations, Bus terminals, Indoor Pools, and all other Group A Buildings
28.73
Open Public Swimming Pool 2,060.00 Flat fee
Portable Classroom 942.45 Flat fee
Assembly Building Shell 22.98
Assembly Building Interior Finish 12.24
Group B - Institutional Occupancies Permit Fee per m2
Institutional, Hospital, Medical Care Facilities, Nursing Homes, and all other
Group B Buildings 28.73
Institutional Building Interior Finish 12.24
Group C - Residential Occupancies Permit Fee per m2
Single, Semi-Detached, Duplex Dwellings, Detached Accessory Dwelling
Units 17.51
Townhouses, Row Housing 17.51
Stacked Townhouses, Multiple Dwellings up to fourplex 17.51
Hotel, Apartment buildings - 6 stories or less 19.15
Hotel, Apartment buildings - 7 stories or more 17.51
Motels, Boarding, Lodging or rooming house 19.15
Interior renovation, Finished basement, Interior accessory dwelling units 10.30
Heated additions to a house 17.51
Unheated additions to a house 12.45
Accessory Building (garage or shed)7.21
Attached Garage/Carport to an existing house 16.63
Covered Deck/Porch 7.21
Uncovered Deck/Porch 231.75 Flat Fee
Mobile Homes 329.60 Flat Fee plus
Uncertified Mobile Home (foundation included)6.62
Mobile Home Foundation 1.90
Group D - Business & Personal Service Permit Fee per m2
Office, Medical Building, Financial Institution and all other Group D Buildings
Complete 28.73
Office, Medical Building, Financial Institution and all other Group D Buildings
Shell 22.98
Office, Medical Building, Financial Institution and all other Group D Buildings
Interior Finish 12.24
Group E - Mercantile Occupancies Permit Fee per m2
Retail Building Complete 28.73
Retail Building Shell 22.98
Retail Building Interior Finish 12.24
Restaurants Interior Finish (not greater than 30 persons)12.24
Planning, Building & Development
10
Page 645 of 679
Group F - Industrial Occupancies Permit Fee per m2
Industrial Buildings Complete 15.16
Industrial Buildings Shell 12.13
Industrial Buildings Interior Finish 9.11
Gas Bar Canopies 13.00
Car Washes 13.00
Parking Garage (underground, open air)8.18
Farm Buildings 5.75
Green Houses non-residential 5.75
Site Services Plumbing Construction Outside of
Building Permit Fee
Sanitary and Storm Piping 231.75 Flat Fee
Sanitary and Storm Piping 36.05 per additional 15m
Manholes, catch basin 231.75 Flat Fee
Domestic Water Supply 103.00 first 15m
Domestic Water Supply 36.05 per additional 15m
Fire Services Main 103.00 first 15m
Fire Services Main 36.05 per additional 15m
Geothermal for Houses 257.50 Flat Fee
Geothermal Single for all other 257.50 Flat Fee
Planning, Building & Development
Page 646 of 679
Building Stand Alone Permits for Alterations, Renovations & Repair
Building Improvement Permit Fee
Demising Wall 231.75 Flat Fee
Building Envelope Replacement (Roofing, cladding, windows, waterproofing,
etc.)386.25 Flat Fee
Foundation Replacement 3.12 per sq. m
Roof Structure Replacement 386.25 Flat Fee
Concrete Restoration 386.25 Flat Fee
Plumbing Building Construction Permit Fee
Plumbing Systems Alterations 231.75 Flat Fee
Grease, Oil Interceptor 231.75 Flat Fee
Backflow valve, Backflow preventer, sump pumps 231.75 Flat Fee
Replacement of Domestic Water lines and risers 231.75 Flat Fee
Weeping Tile Replacement 231.75 Flat Fee
Plumbing Fixtures 231.75 Flat Fee
Fire Protection System & Life Safety Systems Permit Fee
Electromagnetic Lock/Electric Strikes 231.75 Flat Fee
Fire Alarm System 283.25 Flat Fee
Fire Alarm Annunciator Panel 283.25 Flat Fee
Life Safety Devices 283.25 Flat Fee
Sprinkler System 283.25 Flat Fee
Standpipe System 283.25 Flat Fee
Mechanical System Permit Fee
Commercial Cooking Exhaust System 283.25 Flat Fee
Heating, Ventilation, Air Conditioning Roof Top Units (per unit)283.25 Flat Fee
Heating, Ventilation, Air Conditioning Duct Work (per area)8.14 per sq. m
Furnace or Hot Water Tank Replacement Unit (per unit)231.75 Flat Fee
Boiler Replacement unit 231.75 Flat Fee
Spray Booth 283.25 Flat Fee
Miscellaneous Works Permit Fee
Stages 309.00 Flat Fee
Fire Place or Wood Stove 231.75 Flat Fee
For categories not listed $15 per $1,000 of valuated
construction cost or portion thereof
Shoring 29.87 per linear metre
Under Pinning 29.87 per linear metre
Storage Rack as per 3.16 309.00 Flat Fee
Roof Anchors 309.00 Flat Fee
Re-Roofing of Buildings other than houses 386.25 Flat Fee
Tiny Homes 12.45 per Sq. m
Site Grading for Residential developments that are 10 units or less 309.00 Flat Fee
Certified Model Homes Service 309.00 Flat Fee
Designated Structures Permit Fee
Communication Tower 309.00 Flat Fee
Retaining Wall 309.00 Flat Fee
Silo 309.00 Flat Fee
Pedestrian Bridge/Walkway 309.00 Flat Fee
Outdoor Public Spa 489.25 Flat Fee
Outdoor Public Swimming Pool 489.25 Flat Fee
Satellite Dish 309.00 Flat Fee
Planning, Building & Development
12
Page 647 of 679
Designated Structures cont'd Permit Fee
Air Supported Structure, Tent, Temporary Fabric Structure 309.00 Flat Fee
Roof Sign with Face over 10m2 309.00 Flat Fee
Pylon Sign over 7.5m in height 309.00 Flat Fee
Projection Sign over 115kg in weight 309.00 Flat Fee
Solar Panels 360.50 Flat Fee
Crane Runway 309.00 Flat Fee
Exterior Storage Tank 309.00 Flat Fee
Wind Turbine Generator having a rated output more than 3kW 360.50 Flat Fee
Conditional Permits Permit Fee
Conditional Permit Agreement 515.00 Flat Fee
Conditional permit Security Deposit (% of construction cost of phase being
built)10%
Condition Permit Stages:
Site Servicing (% of construction cost of phase being built)100%
Substructure (% of construction cost of phase being built)15%
Superstructure (% of construction cost of phase being built)55%
Building Envelope (% of construction cost of phase being built)80%
Building Interior (% of construction cost of phase being built)100%
13
Page 648 of 679
Demolition
Residential - Single, Semi-detached, Duplex Dwellings,
Townhouses, Row Housing
Accessory Structure
All other buildings-with gross floor area equal to or less than 600 m2
All other buildings-with gross floor area greater than 600 m2
Administration Fee
Occupancy of an unfinished building (apartment residential & mult-
storey commercial per floor charge)
Occupancy of an unfinished building for all other (per floor or unit
charge)
Limiting Distance Agreement
Alternative Solution (minimum 4 hours)
Suspended or Cancel Permit
Change of Use of Permit with no construction
Compliance Letters (from Building Services regarding building permit
information)
Transfer of Permit Ownership
Additional Plan Review
Not-ready inspection
Contruction without a Permit
After hour Inspection
Permission to defer Permit Revocation
Amendment to Permit Administration
Pre-Application Review
Amendment to a Conditional Permit Agreement
Partial Permit
Permit Application Extension
911 Rural Address Sign
NSF Cheque Service Charge (per property)
Administration Fee for unpaid building permit fees transferred to
property taxes
Zoning Compliance Certificate (required before a building permit
application will be accepted)
Administration Fees (with HST applicable)Fee HST Total
Liquor Licence Clearance Letter
*Note: Fire Services portion is also payable. Please refer to Fire
Services Department fee section for the applicable charge.
231.75 30.13 261.88
Building File Search (per hour/property)
*subject to Freedom of Information and Protection of Privacy Act 35.00 4.55 39.55
Photocopies (per page) - letter size 0.67 0.08 0.75
Photocopies (per page) - legal size 0.89 0.11 1.00
Photocopies (per page) - ledger size 1.32 0.18 1.50
Copies of Large Plans (per plan) - black & white 4.43 0.57 5.00
Copies of Large Plans (per plan) - colour 8.85 1.15 10.00
231.75 Flat Fee
203.52 Flat Fee
See Conditional Permit
128.75 per hour
231.75 Flat Fee
35.00 Flat Fee
25.00 Flat Fee
128.75 per hour
Planning, Building & Development
231.75 Flat Fee
Permit Fee
154.50 Flat Fee
0.39 per sq. m.
0.39 per sq. m.
Fee
231.75 Flat Fee
231.75 Flat Fee
1,030.00 Flat Fee
128.75 per hour
231.75 Flat Fee
128.75 per hour
2x Permit Fee
154.50 per hour
231.75 Flat Fee
231.75 Flat Fee
231.75 Flat Fee
231.75 Flat Fee
128.75 per hour
128.75 Flat fee
14
Page 649 of 679
Sign Permits under Sign By-law
Signs - under 10 m2
Signs - 10 m2 or more
Pool Permit under Pool By-law Deposit
Seasonal -
Above Ground 500.00
In Ground 750.00
Deposits
Detached dwelling, semi-detached dwelling, duplex, triplex, fourplex,
townhouse
Addtion(s) to buildings described above where excavation is required
Miscellaneous construction accessory to the buildings described
above with a construction value greater that $3,500.00
Construction projects other than those described above involving
buildings or additions where a site plan IS required
Construction projects other than those described above involving
buildings or additions where a site plan IS NOTrequired
Demolition project
Move a Building
Conditional Building Permit Deposit (minimum $5,000.00)
Lot Grading
Any type of dwelling in a plan of subdivision that has NOT already
been assumed by the City
Any type of dwelling proposed to be placed on an infill lot
Move a Building
Refunds
Where only administrative functions have been completed (application
received, cost analysis and application is entered into a Building
Services Database
Where only administrative and zoning functions have been completed
Where only administrative and zoning & plans examination functions
have been completed
Where the permit has been issued and field inspections have yet to
be performed, subsequent to permit issuance 50%
Stage of Permit
NOTE: Where the calculated refund is less than the minimum permit fee appllication to the work,
no refund shall be made of the fees paid. Where a request for refund is made twelve (12) months
or more after the issuance of the permit, there shall be no fees refunded
1,000.00
% of Fees Paid
90%
80%
60%
10% of construction value
(minimum of $5,000)
Value
1,000.00 per dwelling
Planning, Building & Development
1,500.00 per dwelling
500.00
1,250.00
2,500.00
750.00
1,000.00
975.00
Total Fee
Value
1,000.00 per dwelling
750.00
Permit Fee
225.00 Flat Fee
350.00 Flat Fee
Note: Refer to Designated Structures Fee Section for signs designated under the Ontario Building Code
75.00
725.00
15
Page 650 of 679
Municipal Enforcement Services Fee HST Total
Sign Removal Administration Fee 75.00 9.75 84.75
Litter By-law Administration Fee 300.00 39.00 339.00
Fence Variance 300.00 39.00 339.00
Dangerous Dog/Muzzle Order Appeal 300.00 N/A 300.00
Municipal Enforcement Services - Property Standards Fee HST Total
Ceriticate of Compliance 250.00 N/A 250.00
Discharge of an Order registered on title 600.00 N/A 600.00
File of Notice of Appeal 500.00 N/A 500.00
Other Applicable Fees
Item $ Fee $ HST $ Total
Water Meter 5/8" Positive Displacement Complete
Water Meter 5/8" x 3/4 Positive Displacement Complete
Water Meter 3/4" Positive Displacement Complete
Water Meter 1" Positive Displacement Complete
Water Meter 1.5" Positive Displacement Complete
Planning, Building & Development
Please see fees on page 19 (New
Install Meter costs)
16
Page 651 of 679
Schedule of Development Charges September 1, 2023 - July 7, 2024
Service
Singles &
Semis (per
unit)
Rows &
Other
Multiples
(per unit)
Apartments
Outside Core
Tourist Area (per
m2)
Core Tourist Area(2)
(per m2)
Fire Protection 722.00 454.00 344.00 3.25 3.25
Roads & Related 4,154.00 2,605.00 1,974.00 18.65 18.65
General Government 141.00 89.00 67.00 0.64 0.64
Library 742.00 464.00 351.00 - -
Parks & Recreation 3,569.00 2,239.00 1,697.00 - -
Public Works & Fleet 423.00 265.00 201.00 1.90 1.90
Municipal Wide
Services 9,751.00 6,116.00 4,634.00 24.44 24.44
Water 975.00 611.00 463.00 4.26 5.60
Sanitary Sewer 3,388.00 2,125.00 1,612.00 14.86 0.65
Storm Water
Management 2,900.00 1,820.00 1,378.00 12.72 2.08
Sidewalks 225.00 141.00 107.00 0.98 0.91
Urban Area
Services(1)7,488.00 4,697.00 3,560.00 32.82 9.24
Total Charge 17,239.00 10,813.00 8,194.00 57.26 33.68
*Amounts of Development Charges adjustments are in accordance with Section 14, By-law 2019-69, shall
be made each year on September 1st.
**The 8.1% increase is based on Statistics Canada Construction Price Standard available from Q2-2022 to Q2-2023.
Notes:
(1) See Schedule "C" of By-Law 2019-69
(2) See Schedule "D" of By-Law 2019-69
(3) A 75% resididential development charge exemption shall be granted for residential dwellings contructed within the
downtown community improvement area & the Historic Drummondville community improvement project area,
as well as residential dwellings contructed under the Brownfields Rehabilitation Grant Program.
See Schedule "E" of By-law 2019-69.
(4) An additional 25% residential development charge exemption is permitted for development eligible for a 75%
exemption which includes three or more of the following features: 1) intensification of an existing use, 2) creation of
mixed uses, 3) contribution towards the creation of a walkable neighbourhood charater, 4) creation of a range of
housing opportunities and choices, and 5) reduced setback from roadways. See Schedule "E" of By-law 2019-69.
(5) Pursuant to the Act, and unless it is repealed earlier, By-law 2019-69 shall expire five years after the date of
coming into force on July 8, 2019. See Section 15.2 of By-law 2019-69.
Non-Residential Charge by Unit
TypeResidential Charge by Unit Type (3)(4)
Planning, Building & Development
17
Page 652 of 679
City Development Charges September 1, 2023 - July 7, 2024(1)
Subject to annual change due to CPI as per By-Law - Fees effective September 1, 2023 Development Charges against
land to be developmed for residential and non-residential use shall be based upon the following designated services
within the corresponding area providing by the City, and in proportions applicable to each service.
Designated Services
Municipal
Wide Charge
Allocation
Combined
Urban
Charge
Allocation
Non-
Residential
Municipal Wide
Charge
Allocation
Non-Residential
Combined
Tourist Core
Charge
Allocation
Non-Residential
Combined
Outside Tourist
Core Charge
Allocation
Fire Protection 7.40%4.19%13.30%9.65%5.68%
Roads & Related 42.60%24.10%76.31%55.37%32.57%
General Government 1.45%0.82%2.62%1.90%1.12%
Library 7.61%4.30%0.00%0.00%0.00%
Parks & Recreation 36.60%20.70%0.00%0.00%0.00%
Public Works & Fleet 4.34%2.45%7.77%5.64%3.32%
Water 0.00%5.66%0.00%16.63%7.44%
Sanitary Sewer 0.00%19.65%0.00%1.93%25.95%
Storm Water Management 0.00%16.82%0.00%6.18%22.21%
Sidewalks 0.00%1.31%0.00%2.70%1.71%
Total 100.00%100.00%100.00%100.00%100.00%
(1) Pursuit to the Act, and unless it is repealed earlier, By-law 2019-69 shall expire five years after the date of coming
into force on July 8, 2019. See Section 15.2 of By-law 2019-69.
Planning, Building & Development
18
Page 653 of 679
Private Sewer Lateral Cleaning $ Fee $ HST $ Total
Monday to Sunday (exclusive of observed holidays) between 8:00am and
7:15 pm 169.45 N/A 169.45
Monday to Sunday (exclusive of observed holidays) between 7:15pm and
8:00 pm 214.27 N/A 214.27
Monday to Sunday (exclusive of observed holidays) between 8:00pm and
8:00 am 438.37 N/A 438.37
Observed Holiday 438.37 N/A 438.37
"No action", cancellation or false alarm (exclusvie of observed holidays)
between 8:00 am and 7:15 pm 85.00 N/A 85.00
"No action", cancellation or false alarm (exclusvie of observed holidays)
between 7:15 pm and 8:00 am 95.00 N/A 95.00
Video inspection of a private sewer service (only during times as per line 1
above) free once annually. All other requests will be charged as per lines 1, 2
and 3 above
one free
annually N/A one free
annually
Copy of DVD of video 8.85 1.15 10.00
High pressure flushing of sewer lateral from maintenance hole/property line
at City's direction or requirement
Note: Payment can be made by cash or cheque in advance of doing any work
New Install Meter Costs $ Fee $ HST $ Total
5/8" Positive Displacement Complete 615.92 80.07 695.99
5/8" Positive Displacement Meter Only 284.52 36.99 321.51
5/8" x 3/4" Positive Displacement Complete 615.92 80.07 695.99
5/8" x 3/4" Positive Displacement Meter Only 284.52 36.99 321.51
3/4" Positive Displacement Complete 678.97 88.27 767.24
3/4" Positive Displacement Meter Only 347.58 45.19 392.77
1" Positive Displacement Complete 786.02 102.18 888.20
1" Positive Displacement Meter Only 445.63 57.93 503.56
1.5" Positive Displacement Complete 1,383.99 179.92 1,563.91
1.5" Positive Displacement Meter Only 914.15 118.84 1,032.99
2" compound 3,314.46 430.88 3,745.34
3" compound 4,858.56 631.61 5,490.17
4" compound 6,762.22 879.09 7,641.31
6" compound 12,159.35 1,580.72 13,740.07
6 x 8" compound
4" to 10" protectus
R900 Wall Mount Transmitter 342.24 44.49 386.73
R900 Pit Mount Transmitter 339.48 44.13 383.61
R900 RF Pit Mount Antenna 157.56 20.48 178.04
Wire Replacement 89.33 11.61 100.94
Fail to be ready for pre-scheduled meter repair by City staff
Water $ Fee $ HST $ Total
Bulk Water Rate (per cubic meter)2.30 N/A 2.30
Bulk Water Distribution System - purchase card 15.00 N/A 15.00
Installation of Water Service - any size
City supervised tapping fees: 3/4"-5/8" up to & including 2" service 140.66 N/A 140.66
City supervised tapping fees: 4" and up 475.41 N/A 475.41
Fail to be ready for appointment 85.00 N/A 85.00
Charge for application to change meter size 125.00 N/A 125.00
Municipal Works
At cost
Actual Costs
Actual Cost
Actual Cost
Actual Cost
19
Page 654 of 679
Water, Cont'd
Water $ Fee $ HST $ Total
Exercise & Operate Curb Stop or Property Valve 79.32 N/A 79.32
3rd Party Meter Testing/Verification (up to 1")258.48 N/A 258.48
Water Meter Tampering Fee (plus new install meter cost & estimated water
theft)500.00 N/A 500.00
Water Meter Inspection 50.00 N/A 50.00
Hydrant Flushing/Testing: per hydrant 79.32 N/A 79.32
Sanitary Sewer Diversion Rebate Application 125.00 N/A 125.00
Shutting off or turning on water supply (arrears & seasonal shut off) during
normal working hours 97.52 N/A 97.52
Shutting off or turning on water supply (arrears & seasonal shut off) outside
normal working hours 231.98 N/A 231.98
Shutting off or turning on water supply (maintenance) during normal working
hours 79.32 N/A 79.32
Shutting off or turning on water supply (maintenance) outside normal working
hours 213.78 N/A 213.78
Miscellaneous - Water/Wastewater $ Fee $ HST $ Total
Water & Wastewater backflow and meter rental fee 125.00 N/A 125.00
Charge after 14 days and every additional 14 days thereafter 125.00 N/A 125.00
Administrative - Invoicing 30.00 N/A 30.00
Notes:
Charge for meters found on By-pass:
a) By-pass opened with the consent of the City will be charged using the average estimated daily consumption
based on annual consumption x number of days on by-pass
b) By-pass opened or meter removed, tampered or illegal will be charged (a) x 3 penalty rate.
c) If no previous consumption is recorded, a similarly sized meter/similar use will be used at the Engineer's
discretion to calculate average daily consumption and charge at (b) rate.
Water Meter Tampering is a $500.00 fee, plus the cost of the water meter replacement and the estimated
consumption loss.
For the purpose of thie by-law, normal working hours shall mean Monday to Friday (exclusive of observed holidays)
between 8:00 am and 4:00 pm.
Municipal Works
Meter loaned with Back Flow Preventor for approved hydrant consumption: Damage to meter or backflow preventor
cost.
20
Page 655 of 679
Subdivision & Vacant Land Condominium and
Deposits $ Fee $ HST $ Total
Administration Fee (on construction value)3.00%N/A Varies
Inspection Fee (on construction value)2.50%N/A Varies
Pre-Servicing Agreement Fee 500.00 N/A 500.00
Street Lighting Inspection Fee (ea. Lights, 3rd Party Inspection)160.00 N/A 160.00
Boulevard Street Tree Fee (ea)450.00 N/A 450.00
Cash in-lieu of Survey Monumentation (see below)
Vertical Monumentation
< 10 Ha 600.00 N/A Varies
10 Ha to 20 Ha 1,200.00 N/A Varies
Each Additional Ha 600.00 N/A Varies
Horizontal Monumentation
< 5 Ha 400.00 N/A Varies
5 Ha to 10 Ha 800.00 N/A Varies
Each Additional Ha 400.00 N/A Varies
Lot Grading Deposit (ea. Lot/Unit - Max $50,000.00)1,000.00 N/A Varies
As Constructed Plan Deposit (ea. Lot/Unit - Max $20,000.00)1,000.00 N/A Varies
Administrative $ Fee $ HST $ Total
Full Size Prints - Black & White 4.42 0.57 4.99
Full Size Prints - Colour 8.85 1.15 10.00
Photocopies (per page): Letter (colour)0.50 0.07 0.57
Photocopies (per page): Legal (colour)0.75 0.10 0.85
Photocopies (per page): Ledger (colour)1.00 0.13 1.13
Photocopies (per page): Letter (black & white)0.30 0.04 0.34
Photocopies (per page): Legal (black & white)0.40 0.05 0.45
Photocopies (per page): Ledger(black & white)0.50 0.07 0.57
Letters of Compliance 200.00 26.00 226.00
Road Occupancy Permit $ Fee $ HST $ Total
Road Occupancy Permit - Application form (plus applicable security
deposit)350.00 N/A 350.00
Detailed Traffic Control Plan and/or Detour Route Plan Review 150.00 N/A 150.00
Site Alteration Permit $ Fee $ HST $ Total
Application (plus applicable security deposit)200.00 N/A 200.00
Municipal Works
21
Page 656 of 679
Forestry - City Tree Removal Request $ Fee $ HST $ Total
City tree removal application fee *removal of request only, no guarantee
of approval 100.00 N/A 100.00
City tree removal (plus $900 contribution to 2:1 replanting elsewhere)
Curb & Sidewalk Alterations $ Fee $ HST $ Total
Curb Cut per meter (minimum cut fee $200.00)94.67 12.31 106.98
Sidewalk Repair per square meter 214.67 27.91 242.58
Curb Repair per linear meter (minimum repair fee $50.00)204.57 26.59 231.16
Sanitary, Storm or Water Model - Assessments $ Fee $ HST $ Total
Small scale development and simple modeling 1,750.00 227.50 1,977.50
Mid-scale development and medium complexity modeling 3,500.00 455.00 3,955.00
Large scale development and high complexity modeling 7,000.00 910.00 7,910.00
Special modeling services
Parkland $ Fee $ HST $ Total
Parkland Gate Installation Application 550.00 71.50 621.50
Parkland Access Permit (plus applicable security deposit)250.00 N/A 250.00
Municipal Works
Case by case pricing
At cost
*Notes: The request for removal of a City tree is reviewed on a case-by-case basis and further requires a submission of a formal application. In effort to
reserve our current tree canopy, all requests will be reviewed directly by the Forestry Supervisor. Trees approved for removal for reasons other than tree
health shall be accompanied by a contribution to 2:1 replanting as per Forestry Policy 314.01.
22
Page 657 of 679
Permits $ Fee $ HST $ Total
Commercial Vehicle (loading permit annually) - first such vehicle 82.50 10.73 93.23
Commercial Vehicle (loading permit annually) - second such vehicle-
under the same registered owner as first permit 27.50 3.58 31.08
Commercial Vehicle (loading permit annually) - each additional such
motor vehicle under the same registered owner as the 1st and 2nd
permits
16.50 2.15 18.65
Oversize/overweight load permit - single trip 82.50 10.73 93.23
Oversize/overweight load permit - annually 220.00 28.60 248.60
On-street overnight parking permit - annually 121.68 15.82 137.50
Newspaper box permit - annually 33.00 N/A 33.00
Parking meter bagging (per meter per day) - standard daily route for
bagged 11.00 1.43 12.43
Residential on-street permit/replacement cost 16.50 2.15 18.65
Residential Convenience pass 97.35 11.50 108.85
Parking Lots - Municipal Parking $ Fee $ HST $ Total
Lot 2 - per month 40.00 5.20 45.20
Lot 2 - per hour 1.11 0.14 1.25
Lot 3 - per month 40.00 5.20 45.20
Lot 3 - per hour 1.11 0.14 1.25
Lot 4 - per hour 2.66 0.35 3.01
Lot 4 - per 8 hours 10.63 1.38 12.01
Lot 5 - per hour 2.66 0.35 3.01
Lot 5 - per 8 hours 10.63 1.38 12.01
Lot 7 - per month 40.00 5.20 45.20
Lot 8 - per month 40.00 5.20 45.20
Lot 9 - per month 40.00 5.20 45.20
Lot 9 - per hour 1.11 0.14 1.25
Lot 12 - per month 40.00 5.20 45.20
Lot 12 - per hour 1.11 0.14 1.25
Lot 13 - per month 25.00 3.25 28.25
Lot 13 - per hour 1.11 0.14 1.25
Lot 15 - per month 40.00 5.20 45.20
Lot 16 - per hour 4.43 0.57 5.00
Lot 16 - per month 35.00 4.55 39.55
Lot 17 - per month 40.00 5.20 45.20
Lot 18 - per hour 2.66 0.35 3.01
Lot 18 - per 8 hours 10.63 1.38 12.01
Lot 18 - per month 50.00 6.50 56.50
Lot 19 - per month 40.00 5.20 45.20
Lot 19 - per hour 1.11 0.14 1.25
Lot 20 - per hour 2.66 0.35 3.01
Lot 20 - per 8 hours 10.63 1.38 12.01
On-street rate - commercial/business 1.77 0.23 2.00
On-street rate - hospital 1.77 0.23 2.00
On-street rate - tourist 3.10 0.40 3.50
Parking Lot Replacement Cost: 1-15 days
Parking Lot Replacement Cost: 16-31 days
Municipal Works - Parking & Traffic
Full cost of lot
Half cost of lot
23
Page 658 of 679
Parking Fines/Violations $ Fee $ HST $ Total
Park unpaid special event rate 45.00 N/A 45.00
Traffic/Engineering Information $ Fee $ HST $ Total
8 hour intersection traffic count - per location 315.00 40.95 355.95
24 hour automatic traffic recorder (ATR) - per location 135.00 17.55 152.55
24 hour speed study (ATR) - per location 250.00 32.50 282.50
4 day automatic traffic recorder (ATR), speed/volume/class - per location 400.00 52.00 452.00
7 day automatic traffic recorder (ATR), speed/volume/class - per location 700.00 91.00 791.00
Disabled Parking Sign 40.00 5.20 45.20
Disabled Parking tab - ($300 fine)20.00 2.60 22.60
Six foot telespar post & base 60.00 7.80 67.80
Ten foot telespar post and base 70.00 9.10 79.10
"Slow down" lawn sign and base 16.50 2.15 18.65
24 hour automatic traffic recorder (ATR) - season - approx. 150 locations 1,500.00 195.00 1,695.00
Special Event Application (small)100.00 13.00 113.00
Special Event Application (medium)250.00 32.50 282.50
Special Event Application (large)500.00 65.00 565.00
Administrative Penalities
Hearing non-appearance fee
Late payment fee
MTO search fee
Screening non-appearance fee
20.00
15.00
25.00
Municipal Works - Parking & Traffic
$ Fee
50.00
24
Page 659 of 679
Inspection/ Fire Prevention Services $ Fee $ HST $ Total
Private Home Day Care, Respite Homes 175.00 22.75 197.75
Licensed Day Care 250.00 32.50 282.50
Boarding Room & Lodging & Bed & Breakfast 225.00 29.25 254.25
Residential: 1-3 units (includes single family dwelling, duplex and triplex)250.00 32.50 282.50
Multi-Units: Apartments 1-4 units 350.00 45.50 395.50
Multi-Units: over 4 units, rate per unit 75.00 9.75 84.75
Hotels/Motels: 1-10 units 450.00 58.50 508.50
Hotels/Motels: over 10 units, rate per unit 75.00 9.75 84.75
General Inspections during regular hours/hour 59.26 7.70 66.96
After hours Inspection/Plans Review (minimum 4 hours) per hour 125.00 16.25 141.25
Commericial & Industrial less than 1,000 square meters 250.00 32.50 282.50
For each additional 1,000 square meters 75.00 9.75 84.75
Re-inspection fee for outstanding violations for the second and each
subsquent re-inspection 100.00 13.00 113.00
Care/vunerable Occupancies 100.00 13.00 113.00
Municipal Licensing Re-inspection 59.26 7.70 66.96
Unsafe Building Order Compliance Inspection 350.00 45.50 395.50
FPO Response & Remediation of Hazard Fee/hr 59.26 7.70 66.96
Preconstruction consultation 59.26 7.70 66.96
Note: Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour,
with a minimum fee of $300.00
Approvals/Permits $ Fee $ HST $ Total
General File Search 100.00 13.00 113.00
Occupant Load Signs 59.26 7.70 66.96
Reproduce Existing Documents 60.00 7.80 67.80
Fire Safety Plan Review & Approval - per submission 59.26 7.70 66.96
ULC Integrated Life Safety System Test Approval 59.26 7.70 66.96
3D Rendering of Buildings or Fire Scene 350.00 45.50 395.50
Hose Removal Approval and Inspection (per hose cabinet fee of $15/hose +
HST)250.00 32.50 282.50
Letters & Produce Incident Reports to Insurance 105.00 13.65 118.65
Liquor Licence Approval Letter 160.00 20.80 180.80
Special Events (approval letter)70.00 9.10 79.10
Fireworks/Pyrotechnics (approval letter)70.00 N/A 70.00
Fireworks Vendor Permit 70.00 N/A 70.00
Designation of Fire Access Routes 150.00 N/A 150.00
Fire Code Alternative Solution Review 500.00 65.00 565.00
Products $ Fee $ HST $ Total
Security Key Boxes 175.00 22.75 197.75
Fire route signs 35.00 4.55 39.55
Lock for fire safety plan box 20.00 2.60 22.60
Providing & installing carbon monoxide alarm installation 35.40 4.60 40.00
Providing & installing combination smoke/carbon monoxide alarm 35.40 4.60 40.00
Providing & installing a listed smoke alarm 15.00 1.95 16.95
Fire
25
Page 660 of 679
Miscellaneous $ Fee $ HST $ Total
Plan examinations, per $1 of permit value 0.10 N/A 0.10
Zoning amendments, per $1 of application fee 0.10 N/A 0.10
Site plan review, per $1 of application fee 0.10 N/A 0.10
Committee of Adjustments, per $1 of application fee 0.10 N/A 0.10
Subdivision Plans, per $1 of application fee 0.10 N/A 0.10
Fee to expedite services 50% if current applicable service fee
in addition to regular fee
26
Page 661 of 679
Training/Public Education Services $ Fee $ HST $ Total
Fire Safety Training - Business (minimum of 4 hours) per hour 59.26 7.70 66.96
Fire Safety Training - non-profit group
Supervision of Fire Drills - Business - per Fire employee (minimum 1 hour)59.26 7.70 66.96
Supervision of Fire Drills - non-profit group
Fire Extinguisher Training Base Price 250.00 32.50 282.50
Fire Extinguisher Training per person 10.00 1.30 11.30
Fire Ground Training Use:
Tower with live burn props - 8 hours 1,995.52 259.42 2,254.94
Tower with live burn props - 4 hours 1,161.76 151.03 1,312.79
Training Ground with no burn props - 8 hours 500.00 65.00 565.00
Training Ground with no burn props - 4 hours 250.00 32.50 282.50
Auto Extrication - per vehicle 250.00 32.50 282.50
Apparatus required/day
Fire Safety Training/Public Education Services $ Fee $ HST $ Total
Title searches
Corporate profiles
Cost of Prosecution Services
Fire investigation - contracted services cost recovery
Fire suppression - contracted services cost recovery
Fire inspection support (fire alarm/sprinkler, etc)
Cost to secure vacant building
Fire Protection Services $ Fee $ HST $ Total
Failure to comply with an Ontario regulation causing an Emergency Reponse
O. Reg.201/01
Fire Department vehicle per hour or part thereof
Non-resident motor vehicle response - per apparatus for 1st hour or part
thereof
Non-resident motor vehicle response - per apparatus for each additional half
hour or part thereof
Response for open air burning - per apparatus for the 1st hour or part thereof
Response for open air burning - per apparatus for each additional half hour or
part thereof.
Response & remediation - grow operations/drug lab
Response for rescue as result of trespass/stunting/misadventure
Response for malicious complaint/false reporting
Response for fireworks complaint in contravention of by-law
Vacant building response - per apparatus for the 1st hour or part thereof
After hours services (per person/per hour)88.89 11.56 100.45
Delayed response from Property Keyholder
Risk Safety Management Plan (RSMP) Review - Propane $ Fee $ HST $ Total
Existing facility - 5,000 USWG or less 250.00 32.50 282.50
New/modified facility - 5,000 USWG or less 500.00 65.00 565.00
Existing facility - more than 5,000 USWG 1,250.00 162.50 1,412.50
New/modified facility - more than 5,000 USWG 2,500.00 325.00 2,825.00
Preventable False Alarms $ Fee $ HST $ Total
First two alarms, written warning
Subsequent Alarms
**MTO rate is an established fee used by Fire Departments to cost recover
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
Fire
no charge
no charge
as billed to the department
as billed to the department
**current MTO Rate
as billed to the department
as billed to the department
as billed to the department
No charge
**current MTO Rate
**current MTO Rate
as billed to the department
as billed to the department
**current MTO Rate
27
Page 662 of 679
Interment Rights (Lot Sales)Total Fee HST Total Charge
Adult Single Lot 2,652.99 344.89 2,997.88
Child/Infant Single Lot - size 4'x5'1,287.86 167.42 1,455.28
Child/Infant Single Lot - with granite memorial/keepsakes storage 3,605.00 468.65 4,073.65
Cremation Lot - Single lot 554.54 72.09 626.63
Cremation Plot - Four lots 1,841.50 239.40 2,080.90
One Time Care & Maintenance Fee 300.00 39.00 339.00
Interment Rights (Niche Sales)Total Fee HST Total Charge
Niche Level A & B
Single Niche Stamford Green only 846.52 110.05 956.57
Double Niche 1,960.35 254.85 2,215.20
Triple Niche Stamford Green only 2,806.86 364.89 3,171.75
Niche Level C - G
Single Niche Stamford Green only 1,069.28 139.01 1,208.29
Double Niche 2,227.66 289.60 2,517.26
Triple Niche Stamford Green only 3,296.94 428.60 3,725.54
Interment Rights (Niche Sales-Estate)Total Fee HST Total Charge
Two Niche Unit (4 Urn Limit)5,021.25 652.76 5,674.01
Four Niche Unit (8 Urn Limit)10,042.50 1,305.53 11,348.03
Interment & Inurnment Service Fees Total Fee HST Total Charge
Adult Casket Burial 1,709.10 222.18 1,931.28
Adult Double Depth Casket Burial 2,363.85 307.30 2,671.15
Child/Infant Casket Burial 829.66 107.86 937.52
Cremains Urn Burial 540.77 70.30 611.07
Oversized Urn Burial (Companion & Urn Vaults)811.18 105.45 916.63
Cremains - SCATTERING - REMEMBRANCE GARDENS 276.07 35.89 311.96
Cremains - SCATTERING - OTHER 138.03 17.94 155.97
Interment Cancellation - Casket (if not already open)405.07 52.66 457.73
Interment Cancellation - Urn (if lot/niche already open)202.54 26.33 228.87
Interment Services (Niche Inurnments)Total Fee HST Total Charge
Single Inurnment 425.91 55.37 481.28
Double Cremain Inurnment*92.17 11.98 104.15
Dis-Inter Niche Urn 202.54 26.33 228.87
*Adminstration fee for the 2nd inurnment if taking place at the same time as the first and in the same niche.
Cemetery Fees
28
Page 663 of 679
Dis-Interment Services Total Fee HST Total Charge
Adult Casket Dis-interment only*2,893.35 376.14 3,269.49
Adult Casket Dis-interment & Re-interment 4,948.45 643.30 5,591.75
Cremain Urn Dis-interment Only*814.37 105.87 920.24
Cremain Urn Dis-interment & Re-Interment 1,379.57 179.34 1,558.91
Infant Casket Dis-interment Only*1,112.05 144.57 1,256.62
Infant Casket Dis-interment & Re-interment 1,966.60 255.66 2,222.26
*remains are removed from Municipal Cemetery
Interment Surcharges Total Fee HST Total Charge
Late Arrivals - after 3:00 pm Mon-Sat, Sun & Holidays (each 1/2 hour)128.03 16.64 144.67
Sunday & Holiday Casket Burial - scheduled between 11:00 am & 2:00 pm 972.98 126.49 1,099.47
Sunday & Holiday Cremains Burial - scheduled between 11:00 am & 2:00 pm 486.50 63.25 549.75
Tent Rental (All Interment Services)149.16 19.39 168.55
Less than 8 working hours casket burial order 307.27 39.95 347.22
Less than 8 working hours cremains burial order 153.63 19.97 173.60
Administration Services Total Fee HST Total Charge
Cemetery Administrative fee 92.17 11.98 104.15
Interment Rights Replacement/Duplicate 46.08 5.99 52.07
Cremains Urn Burial - double (admin fee) *companion urn*92.17 11.98 104.15
Cemetery Records Search (charge per hour)46.08 5.99 52.07
Cemetery Fees
Dis-Interment & Administrative Service Fees
29
Page 664 of 679
Niche & Memorial Products Total Fee HST Total Charge
Bronze Wreath (Maplegrove) or Frame (Lundy's Lane)1,004.12 130.54 1,134.66
Glass - Single Niche - Stamford Green 100.41 13.05 113.46
Glass - Double Niche - Stamford Green 200.82 26.11 226.93
Glass - Triple Niche - Stamford Green 250.29 32.54 282.83
Bronze Name Plate - Remembrance Garden/Memorial Woods 350.00 45.50 395.50
Bronze Plate - Single Niche - Stamford Green 753.08 97.90 850.98
Bronze Plate - Double Niche - Stamford Green 1,506.17 195.80 1,701.97
Bronze Plate - Triple Niche - Stamford Green 2,259.25 293.70 2,552.95
Granite Plate Etching Service 772.50 100.43 872.93
Cremation Keep Sakes - Pendant 107.12 13.93 121.05
Cremation Keep Sakes - Pendant with Fingerprint 163.77 21.29 185.06
Key FOB (extra) Stamford Green 20.07 2.61 22.68
Cemetery & Park Memorial Program Total Fee HST Total Charge
Life's QR - 2.2" Plaque 250.00 32.50 282.50
Life's QR - 4.4" Plaque 275.00 35.75 310.75
Life's QR - Tree Stake 300.00 39.00 339.00
Memorial Tree with name tag 810.00 105.30 915.30
Memorial Tree with QR Tree Stake 1,110.00 N/A 1,110.00
Memorial Tree with Small Memorial Stone or Garden Plaque 1,250.00 N/A 1,250.00
Memorial Bench with plate installed on back of bench 2,781.00 N/A 2,781.00
Memorial Bench with 4.4" Life's QR Plaque on back of bench 3,056.00 N/A 3,056.00
Memorial Bench with bronze plaque (8" x 10") and stand 3,615.30 N/A 3,615.30
Foundation /Marker/Installation Services Total Fee HST Total Charge
Foundation Installation - up to 36"850.75 110.60 961.35
Foundation Installation - 36" to 48"978.68 127.23 1,105.91
Foundation Installation - 49" to 60"1,307.43 169.97 1,477.40
Foundation Installation - 61" to 72"1,435.64 186.63 1,622.27
Foundation Installation - 73" to 90"1,623.64 211.07 1,834.71
Veteran Upright Marker Setting 576.11 74.89 651.00
Small Flat Marker Setting under 172 square inches 208.05 27.05 235.10
Large Flat Marker Setting over 172 square inches 364.87 47.43 412.30
Corner Markers Setting (per set of 4)208.05 27.05 235.10
Cemetery Cremation Vault 645.00 83.85 728.85
Cemetery Traditional Vault 1,495.00 194.35 1,689.35
Prescribed Marker Care & Maintenance Fee Total Fee HST Total Charge
Flat Marker Over 172 square inches 100.00 13.00 113.00
Prescribed Provincial Licensing Fee Total Fee HST Total Charge
Provincial Licensing Fee 30.00 3.90 33.90
Cemetery Fees
Memorial Products & Services
Foundation Fees
CUSTOM - Memorial Bench with Memorial Plate Installed on Back of Bench (please contact Cemetery office)
30
Page 665 of 679
3) Sunday & statutory holiday interment services may be scheduled between 11:00 am & 2:00 pm. An interment
surcharge will apply.
4) A "scheduled" funeral late arrival & other interment surcharges will apply as indicated in the Cemetery Fee
Schedule - "Interment Surcharges"
5) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional fee.
6) Funeral Directors are responsible for advising families, in advance, of potential late charges & applicable
surcharges.
7) Dis-interments may be scheduled from May 1st to November 1st only and at the discretion of the Cemetery
Manager or designate.
8) The Funeral Director is responsible for scheduling & all related costs for disinterments including:
casket/urn/vault/removal
vault/urn unsealing & resealing
Niagara Regional Health Unit Approval and Attendance
9) One time care & maintenance fee is charged per interment (fully body or cremation) that takes place in a lot
(grave) that was purchased prior to 1955.
B) Interment Right Sales
1) The Interment Rights Holder owns the interment rights to a single lot, plot and/or niche. The Interment Rights
Holder must abide by the regulations stipulated in the Cemetery by-law, including the installation of a monument,
maintenance of a flowerbed or other memorialization.
2) The Interment Rights Holder may transfer, exchange or sell-back a plot, single lot or niche at any time before an
interment takes place. If the above Interment Rights have not been used, the purchaser may, in writing to the City
within thirty (30) days from the signing of the contract, cancel this contract and receive a full refund. Following thirty
(30) days, the purchaser may be eligible for a full refund less the Care & Maintenance Fees.
C) Resale/Transfers
The Rights Holder may resell unused lots/plots/niches to the City of Niagara Falls for a refund of the current
Cemetery Fee. Rights Holder may also resell unused lots/plots/niches privately. The City reserves first right of
refusal for all resell/sell back of Interment Rights (i.e. lots, plots and niches). All documents pertaining to the original
sale must be returned to the Cemetery Office. An administration charge will apply, in accordance with the current
Cemetery Fees Schedule.
D) Payment
Interment Rights (lot sales) must be paid in full before any burial and/or memorialization can take place. Payment
for a burial service (casket, cremation, niche, scatter) is due the day of the service. Credit card, debit, cheque are
the only acceptable methods of payment.
E) Inquiries
All inquiries or concerns should be received in person at the Fairview Cemetery office, on Stanley Ave.,
Monday through Saturday 8:00 am to 4:00 pm, or by calling (905) 354-4721 Monday through Friday 8:00 am to
4:00 pm. Saturday appointments must be made at least 48 hours in advance. Mark Richardson, Manager of
Cemetery Services.
2) Monday to Saturday Interment Services (except on Statutory or City Holidays) may be scheduled between 9:00am
and 3:00 pm only
Cemetery Fees
Memorial Products & Services
Notes:
A) Interment/Disinterment Services
1) All committal services scheduling is at the approval of the Cemetery Services based on location, weather, staff
availability & the number of services requested.
31
Page 666 of 679
Note: Commercial Groups/Community Groups Non-profit:
Prime hours are Monday-Friday 5:00 pm-11:00 pm, Saturday-Sunday 7:00 am to close
Non-prime hours are Monday-Friday 7:00 am - 5:00 pm and 11:00 pm - 12:00 am
Statutory Holidays are charged at prime rates
Summer ice rates are applicable from May 1st through August 31st
Exact dates of opening & closing to be determined each year
Cancellation Fee $ Fee $ HST $ Total
Arenas, playing fields, Older Adult Centre and MacBain Community Centre
rentals 21.43 2.79 24.22
Ice/Floor Rentals
(Fall/Winter - effective September 1 - April 30)$ Fee $ HST $ Total
Adult Ice rental - prime time 225.60 29.33 254.93
Adult Ice rental - non-prime time 119.42 15.52 134.94
Youth Ice rental - prime time (resident)151.76 19.73 171.49
Youth Ice rental - prime time (non-resident)208.51 27.11 235.62
Youth Ice rental - non prime time 96.84 12.59 109.43
Youth tournament prime time (non-tenant)174.89 22.74 197.63
Ice Training (non prime time only, 5 skater maximum)61.94 8.05 69.99
Education rate (all elementary schools)58.55 7.61 66.16
Floor Rental - adult 80.00 10.40 90.40
Floor Rental - youth 72.00 9.36 81.36
Ice/Floor Rentals
(Spring/Summer - effective May 1 - August 31)$ Fee $ HST $ Total
All users - prime time 216.92 28.20 245.12
All users - non prime time 150.80 19.60 170.40
Tenant Groups - prime time 184.62 24.00 208.62
Tenant Groups - non prime time 124.29 16.16 140.45
Youth tournament (non-tenant) prime time 174.89 22.74 197.63
Education rate (all schools)58.58 7.62 66.20
Floor rental - adult 80.00 10.40 90.40
Floor rental - youth 72.00 9.36 81.36
Recreation, Culture & Facilities
32
Page 667 of 679
Parking Lot Rentals $ Fee $ HST $ Total
King Eddy - Full Day (4-12 hours)500.00 65.00 565.00
King Eddy - Half Day (4 hours or less)250.00 32.50 282.50
Gale Centre Parking Lot A - Full Day (4-12 hours)1,000.00 130.00 1,130.00
Gale Centre Parking Lot A - Half Day (4 hours or less)500.00 65.00 565.00
Gale Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00
Gale Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Centre Parking Lot A - Full Day (4-12 hours)500.00 65.00 565.00
MacBain Centre Parking Lot A - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00
MacBain Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Skatepark Lot - Full Day (4-12 hours)250.00 32.50 282.50
MacBain Skatepark Lot - Half Day (4 hours or less)125.00 16.25 141.25
Chippawa Arena - Full Day (4-12 hours)250.00 32.50 282.50
Chippawa Arena - Half Day (4 hours or less)125.00 16.25 141.25
Chippawa Lions Park Lot - Full Day (4-12 hours)250.00 32.50 282.50
Chippawa Lions Park Lot - Half Day (4 hours or less)125.00 16.25 141.25
Park Rentals*$ Fee $ HST $ Total
Chippawa Lions Park - Community Park 75.00 9.75 84.75
City Hall Centennial Square - City-Wide Park 75.00 9.75 84.75
Cummington Square - City-Wide Park 60.00 7.80 67.80
F.H. Leslie Park - Community Park 75.00 9.75 84.75
George Bukator Park - City-Wide Park 60.00 7.80 67.80
John N. Allan Park - Community Park 75.00 9.75 84.75
Lundy's Lane Battlefield Park - City-Wide Park 75.00 9.75 84.75
Special Events Park Rentals 75.00 9.75 84.75
*Not including athletic fields
Recreation, Culture & Facilities
Special Event Rental Fees
Page 668 of 679
MacBain Community Centre Room Rental Fees
Rooms for Rent (Regular &
Out of Town)
$ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Multi-Purpose Room A 26.25 3.41 29.66 131.25 17.06 148.31
Multi-Purpose Room D 63.00 8.19 71.19 315.00 40.95 355.95
Multi-Purpose Room E 63.00 8.19 71.19 315.00 40.95 355.95
Multi-Purpose Room D/E (together)126.00 16.38 142.38 630.00 81.90 711.90
Multi-Purpose Room F 50.00 6.50 56.50 250.00 32.50 282.50
Community Board Room 26.25 3.41 29.66 131.25 17.06 148.31
Coronation Room 63.00 8.19 71.19 315.00 40.95 355.95
Second Floor Meeting Room 20.00 2.60 22.60 100.00 13.00 113.00
Rooms for Rent
(Non Profit )
$ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Multi-Purpose Room A 13.13 1.71 14.84 63.00 8.19 71.19
Multi-Purpose Room D 31.50 4.10 35.60 157.50 20.48 177.98
Multi-Purpose Room E 31.50 4.10 35.60 157.50 20.48 177.98
Multi-Purpose Room D/E (together)63.00 8.19 71.19 315.00 40.95 355.95
Multi-Purpose Room F 25.00 3.25 28.25 125.00 16.25 141.25
Community Board Room 13.13 1.71 14.84 63.00 8.19 71.19
Coronation Room 31.50 4.10 35.60 157.50 20.48 177.98
Second Floor Meeting Room 10.00 1.30 11.30 50.00 6.50 56.50
$ Fee/hr $ HST $ Total
68.25 8.87 77.12
34.13 4.44 38.56
110.25 14.33 124.58
60.38 7.85 68.22
Day Rate 826.88 107.49 934.37
$ Fee/hr $ HST $ Total
34.13 4.44 38.57
17.06 2.22 19.28
55.13 7.17 62.30
23.63 3.07 26.70
$ Fee/hr $ HST $ Total
10.00 1.30 11.30
15.00 1.95 16.95
Walking Track 50.00 6.50 56.50
10.00 1.30 11.30
5.00 0.65 5.65
7.00 0.91 7.91
MacBain Community Centre - DAY PASS - Valid for public swimming and drop in gym times
Program Fees $ Fee/hr $ HST $ Total
Child/Youth (4-17)/Senior (60+)8.85 1.15 10.00
Adult 13.27 1.73 15.00
Family 22.12 2.88 25.00
Drop in programs (excluding aquatics,
indoor play structure & racquet sports)4.43 0.58 5.00
Youth
Recreation, Culture & Facilities
Gymnasium
MacBain Comm. Centre Rental Fees (not for profit)
Youth 1/3 gym
Adult
Adult 1/3 gym
Gymnasium
Youth
Youth 1/3 gym
Adult
Adult 1/3 gym
MacBain Community Centre Rental Fees (for profit)
Per pass
Per pass
Per pass
MacBain Community Centre Rental Fees
Drop in Fee for Squash & Racquetball (prime: after 5:00pm & weekends) -
per person
Per pass
Squash Courts (per hour)Youth/Older adult non-prime
Adult
Exclusive rentals-evenings &
weekends
Equipment Rental
Drop in Fee for Squash & Racquetball (non-prime: before 5:00pm on
weekdays) - per person
34
Page 669 of 679
Indoor Play Structure
$ Fee $ HST $ Total
Hourly NFP Rental 150.00 19.50 169.50
Drop in 6.19 0.81 7.00
Drop in 13.27 1.73 15.00
Birthday Parties
$ Fee $ HST $ Total
75.00 9.75 84.75
100.00 13.00 113.00
250.00 32.50 282.50
200.00 26.00 226.00
50.00 - 50.00
30.00 3.90 33.90
21.43 2.79 24.22
MacBain Community Centre Storage
Not for profit $5/square foot
Profit
$ Fee $ HST $ Total
10.00 1.30 11.30
Recreation, Culture & Facilities
per child
per family
Birthday Party Cleaning/Damage Deposit
Refund - Program Only
Room only
$8/square foot
Fees
Fees Per Hour
Room & 1/3 Gym
Room & 1/3 Gym and Play Structure
Room & Play Structure
Refunds (for all registrations)
Crafts
Refund - Administration Fee
Page 670 of 679
$ Fee $ HST $ Total
1.33 0.17 1.50
2.43 0.32 2.75
5.31 0.69 6.00
6.19 0.81 7.00
4.87 0.63 5.50
6.19 0.81 7.00
3.54 0.46 4.00
4.42 0.58 5.00
22.12 2.88 25.00
3.54 0.46 4.00
4.42 0.58 5.00
24.34 3.16 27.50
$ Fee $ HST $ Total
26.55 3.45 30.00
30.97 4.03 35.00
48.67 6.33 55.00
57.52 7.48 65.00
Twelve Month Membership - Resident
Twelve Month Membership - Non-Resident
Yoga - 60+ Non-Member
TRX = 60+ Non-Member
Bingo & lunch - non-member
Yoga - 60+ Member
Six Month Membership - Resident
Six Month Membership - Non-Resident
Recreation, Culture & Facilities
Program Fees
Program Fees
$1.50 program drop in (including Tai Chi)
MacBain Community Centre - Older Adults 60 plus
MacBain Community Centre - Older Adults 60 plus Memberships
Pickelball - Non- Member
Assessment & program
TRX = 60+ Member
$27.50 fitness pass (10 punches)
Pickelball - Member
$2.75 fitness class drop in (including Zumba)
Bingo & lunch - member
36
Page 671 of 679
$ Fee $ HST $ Total
3.54 0.46 4.00
4.42 0.58 5.00
3.98 0.52 4.50
8.85 1.15 10.00
13.27 1.73 15.00
61.95 8.05 70.00
119.47 15.53 135.00
79.65 10.35 90.00
6.19 0.81 7.00
4.42 0.58 5.00
180.00 23.40 203.40
240.00 31.20 271.20
60.00 7.80 67.80
Lane Rental (per hour)20.00 2.60 22.60
150.00 19.50 169.50
200.00 26.00 226.00
$ Fee $ HST $ Total
85.00 N/A 85.00
106.30 N/A 106.30
127.60 N/A 127.60
152.92 19.88 172.80
280.00 N/A 280.00
4.42 0.58 5.00
5.31 0.69 6.00
7.87 1.02 8.89
8.28 1.08 9.36
$ Fee $ HST $ Total
36.75 N/A 36.75
46.05 N/A 46.05
55.30 N/A 55.30
150.00 N/A 150.00
110.62 N/A 110.62
$ Fee $ HST $ Total
120.00 N/A 120.00
150.00 N/A 150.00
150.00 N/A 150.00
300.00 N/A 300.00
85.00 N/A 85.00
110.00 N/A 110.00
75.00 N/A 75.00
225.00 N/A 225.00
Standard First Aid Recert
Instructors
No Charge
Bronze Cross
National Lifeguard
National Lifeguard Recert
Standard First Aid
Aquatics Certification Course Fees
Bronze Star
Bronze Medallion
Recreation, Culture & Facilities
MacBain Community Centre - Indoor Aquatics
Program Fees
Child/Youth
Family (2+3)
Adult
Senior
AdultSix Month Membership
Child
Senior
Leisure Swim
Family (2+5)
Both pools 1-30 people
Both pools 31-100 peoplePool Rental (per hour)
with Slide (additional)
Fitness Classes Drop in - Adult
Drop in - Older Adults 60+
Swim Team
1-10 people/hour
Birthday Party Pool & room
Pool & gym
Private
Adult Lane Swim/Public Swim
Private
Swimming Lessons - Indoor
30 minutes
45 minutes
60 minutes
Adult Lessons
Drop-in Aqua Fitness 60+ Member
Drop-in Aqua Fitness 60+ Non-Member
Aqua Cycle 60+ Member
Aqua Cycle 60+ Non-Member
30 minutes
Swimming Lessons - Outdoor (5 lessons)
45 minutes
60 minutes
37
Page 672 of 679
Gale Centre/Chippawa Room Rental Fees
Memorial Room $ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Not for profit Community Group 50.00 6.50 56.50 200.00 26.00 226.00
For profit Commercial Use 100.00 13.00 113.00 400.00 52.00 452.00
Birthday Parties - per booking 75.00 9.75 84.75 N/A N/A N/A
Boardrooms $ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Not for profit Community Group N/A N/A N/A N/A N/A N/A
For profit Commercial Use 25.00 3.25 28.25 125.00 16.25 141.25
Chippawa Community
Room
$ Hourly
Rate $ HST $ Total $ Day
Rate $ HST $ Total
Per Booking 75.00 9.75 84.75 N/A N/A N/A
Note: per day is for an 8 hour period. Special provisions for tournaments can be made through contract rental.
The Special Event rental rates are for the basic use and services of the facility only. Additional charges will be
added for staff, equipment rental and any other facility requirements that are requested. Organizations serving
alcoholic beverages must comply with the City's Alcohol Risk Management Policy.
$ Fee $ HST $ Total
3.54 0.46 4.00
2.65 0.34 2.99
8.84 1.15 9.99
2.95 0.38 3.33 Seniors (60 years & over)
Recreation, Culture & Facilities
Public Skating
Adult (16 years and over)
Child/Student (15 years and under)
Family Pass (2 adults, 3 children)
38
Page 673 of 679
Playing Fields
$ Fee $ HST $ Total
83.29 10.83 94.12
103.26 13.42 116.68
120.28 15.64 135.92
155.03 20.15 175.18
$ Fee $ HST $ Total
25.95 3.37 29.32
Per Hour Options
$ Fee $ HST $ Total
4.50 0.59 5.09
10.00 1.30 11.30
12.00 1.56 13.56
20.00 2.60 22.60
$ Fee $ HST $ Total
3.50 0.46 3.96
7.00 0.91 7.91
8.00 1.04 9.04
16.00 2.08 18.08
$ Fee $ HST $ Total
2.50 0.33 2.83
5.00 0.65 5.65
6.00 0.78 6.78
$ Fee $ HST $ Total
50.00 6.50 56.50
100.00 13.00 113.00
70.00 9.10 79.10
200.00 26.00 226.00
$ Fee $ HST $ Total
20.98 2.73 23.71
34.98 4.55 39.53
69.94 9.09 79.03
33.75 4.39 38.14
Niagara Falls Youth Users
Qualify for a reduced rate: 50% off the regular hourly rate
1. Niagara Falls based youth organization
2. Registered youth sport with an Ontario governing body
3. Documentation must be provided to staff for approval
Recreation, Culture & Facilities
Multi-Purposes Articial Turf Field
Residential minor/youth sport organization
Non-residential minor/youth sport organization
Resident Adult not-for-profit, sport organization
Non-resident adult
Playing Fields
Non-resident Adult not-for-profit, sport organization
Track - exclusive use (Oakes Park) per day
A Category Playing Fields
Resident youth
Non-resident youth
Resident adult
Tournament Day Rate (day=10 hours/field)
B Category Playing Fields
Resident youth
Non-resident youth
Resident adult
Non-resident adult
C Category Playing Fields
Resident youth
Non-resident youth
Resident adult
Lighting - one hour
Lighting - two hours
Lighting - per four hour block
Lighting (youth per evening)
Resident youth
Non-resident youth
Resident adult
Non-resident adult
Lighting
39
Page 674 of 679
Museum Fee Schedule
$ Fee $ HST $ Total
5.31 0.69 6.00
4.42 0.57 4.99
no charge no charge no charge
17.70 2.30 20.00
66.37 8.63 75.00
44.25 5.75 50.00
66.37 8.63 75.00
10.62 1.38 12.00
8.85 1.15 10.00
35.40 4.60 40.00
$ Fee $ HST $ Total
no charge no charge no charge
$ Fee $ HST $ Total
5.31 0.69 6.00
2.65 0.35 3.00
3.54 0.46 4.00
6.19 0.81 7.00
4.42 0.57 4.99
8.85 1.15 10.00
2.65 0.34 2.99
221.24 28.76 250.00
132.74 17.26 150.00
13.27 1.73 15.00
8.85 1.15 10.00
$ Fee $ HST $ Total
17.70 2.30 20.00
0.17 0.02 0.19
$ Fee $ HST $ Total
22.12 2.88 25.00
35.40 4.60 40.00
$ Fee $ HST $ Total
No charge No charge No charge
44.25 5.75 50.00
Educational Programs (minimum 15
participants)
Recreation, Culture & Facilities
Niagara Falls History Museum Attendance
Adults (20+)
Students (6-19 years old or with valid ID)
5 years old and under
Virtual School Educational Tour
Family (up to 5 people - maximum 3 adults)
Virtual Tour Group
Battle Ground Hotel Museum & Willoughby
Historical Museum
Admission by donation
Customized Virtual School Educational Tour
Historic Walking Tours (Adult)
Historic Walking Tours (Student)
Historic Walking Tours (Family)
Photographic Reproductions
School Program (approx. 90 minutes)/student
School - self guided tour/student
45 minute museum or Battlefield experience (school)/student
45 minute museum or Battlefield experience (group)/person
90 minute museum or Battlefield experience (school)/student
90 minute museum or Battlefield experience (group)/person
Additional Tour of Battle Ground Hotel/person
Full day Educational Outreach
Half day Educational Outreach
Full day School Program
Half day School Program
Research request/first hour
Research request - additional research/hour
Digital Image
Photocopy (black & white)
Membership
Individual membership/year
Family membership/year
Other
40
Page 675 of 679
Museum Fee Schedule
$ Fee $ HST $ Total
50.00 6.50 56.50
100.00 13.00 113.00
50.00 6.50 56.50
100.00 13.00 113.00
50.00 6.50 56.50
100.00 13.00 113.00
$ Fee $ HST $ Total
30.00 3.90 33.90
80.00 10.40 90.40
30.00 3.90 33.90
75.00 9.75 84.75
30.00 3.90 33.90
75.00 9.75 84.75
Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an
event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or
retail events unless artistic in nature. Public must be invited.
Minimum of 2 hour rentals in the Museum
$ Fee $ HST $ Total
75.00 9.75 84.75
125.00 16.25 141.25
Sherman Zavitz Theatre/hour after operating hours
Galleries/hour after operating hours
Community Maker Rentals
Sherman Zavitz Theatre/hour
Galleries/hour (only between 5-9 pm on Tues, Wed, Fri, Sat)
Niagara Falls Hydro Corporation Courtyard/hour after operating hours
Recreation, Culture & Facilities
Rentals
Sherman Zavitz Theatre/hour
Sherman Zavitz Theatre/hour after operating hours
Niagara Falls Hydro Corporation Courtyard/hour
Niagara Falls Hydro Corporation Courtyard/hour
Galleries/hour (only between 5-9 pm on Tues, Wed, Fri, Sat)
Other
Dishes (0-30 ppl)
Dishes (31+ppl)
Galleries/hour after operating hours
Niagara Falls Hydro Corporation Courtyard/hour after operating hours
41
Page 676 of 679
Niagara Falls Exchange
$ Fee $ HST $ Total
110.62 14.38 125.00
154.87 20.13 175.00
575.22 74.78 650.00
796.46 103.54 900.00
884.96 115.04 1,000.00
1,327.43 172.57 1,500.00
1,769.91 230.09 2,000.00
530.97 69.03 600.00
973.45 126.55 1,100.00
176.99 23.01 200.00
44.25 5.75 50.00
$ Fee $ HST $ Total
20.00 2.60 22.60
75.00 9.75 84.75
420.00 54.60 474.60
670.00 87.10 757.10
780.00 101.40 881.40
1,280.00 166.40 1,446.40
1,780.00 231.40 2,011.40
$ Fee $ HST $ Total
398.23 51.77 450.00
26.55 3.45 30.00
$ Fee $ HST $ Total
265.49 34.51 300.00
26.55 3.45 30.00
$ Fee $ HST $ Total
265.49 34.51 300.00
26.55 3.45 30.00
*Winter Wednesday markets are unconfirmed at this time.
Woodworking Shop Membership Rates
& Other Fees
Daily
Annual 10 x 10
Annual 10 x 10 with storage
Annual 20 x 10
Annual Hotdesk
Cost to replace lost access key
Annual Hotdesk with storage
Six months 10 x 10 with storage
Recreation, Culture & Facilities
Artist Studio Membership Rates & Other Fees
Monthly 10 x 10
Monthly 10 x 10 with storage
Six months 10 x 10
Monthly
Six Months
Six Months with storage
Hotdesk (3 months)
Market Stall/daily
Commericial Membership (see website for restrictions)
Farmers' Market @ The Exchange - Saturdays
Summer/Fall (May-October)
Market Stall/season
Market Stall/daily
Farmers' Market @ The Exchange -
Wednesdays (June-September)
Market Stall/season
Market Stall/daily
Market Stall/season
Farmers' Market @ The Exchange - Saturdays
Winter/Spring (November-April)
Annual with storage
Annual
42
Page 677 of 679
Niagara Falls Exchange
$ Fee $ HST $ Total
75.00 9.75 84.75
125.00 16.25 141.25
50.00 6.50 56.50
75.00 9.75 84.75
50.00 6.50 56.50
75.00 9.75 84.75
100.00 13.00 113.00
150.00 19.50 169.50
400.00 52.00 452.00
$ Fee $ HST $ Total
50.00 6.50 56.50
100.00 13.00 113.00
30.00 3.90 33.90
50.00 6.50 56.50
30.00 3.90 33.90
50.00 6.50 56.50
12.50 1.63 14.13
250.00 32.50 282.50
250.00 32.50 282.50
75.00 9.75 84.75
125.00 16.25 141.25
350.00 45.50 395.50
Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an
event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or
retail events unless artistic in nature. Public must be invited.
Minimum of three (3) hour rentals of the Market Hall
$ Fee $ HST $ Total
10.00 1.30 11.30
20.00 2.60 22.60
250.00 32.50 282.50
3.50 0.46 3.96
Other
Corkage Fee
Labour for corkage fee/hr/person
Comfort Lounge Rental
Linens rental (table cloths, napkins, overlays)/item
Wilma Morrison Courtyard/hour after operating hours
Recreation, Culture & Facilities
Rentals
Market Hall/hour
Market Hall/day after operating hours
Wilma Morrison Courtyard/hour
Historic Drummondville Square/hour
Historic Drummondville Square/hour after operating hours
Parking Lot/hour
Parking Lot/hour after operating hours
Indoor stage rental (with minimum 3 hour rental)
Parking Lot/hour
Parking Lot/hour after operating hours
Indoor stage rental (with minimum 3 hour rental)
Studio Gallery/hour
Community Makers Rentals
Market Hall/hour
Market Hall/hour after operating hours
Wilma Morrison Courtyard/hour
Wilma Morrison Courtyard/hour after operating hours
Historic Drummondville Square/hour
Historic Drummondville Square/hour after operating hours
Studio Gallery/month
Atrium Gallery/month
43
Page 678 of 679
CITY OF NIAGARA FALLS
By-law No. 2023 – 121
A by-law to adopt, ratify and confirm the actions of the City Council at its Special meeting
held on the 12th day of December, 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 12th day of December 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 to 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 12th day of December, 2023.
.............................................................. .............................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 679 of 679