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06-17-2025
AGENDA City Council Meeting 2:00 PM -Tuesday, June 17, 2025 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 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution (added) June 17, 2025 - Resolution to go In-Camera 13 - 14 3. CALL TO ORDER - COUNCIL MEETING RECONVENING O Canada: AN Myer Music Group (Recording) Land Acknowledgement and Traditional Indigenous Meeting Opening 4. ADOPTION OF MINUTES 4.1. Council Minutes of May 27, 2025 City Council - 27 May 2025 - Minutes - Pdf 15 - 49 5. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 6. MAYOR'S REPORTS, ANNOUNCEMENTS 7. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 7.1. Mayor's Youth Advisory Committee (MYAC) Year-End Deputation Page 1 of 596 The Mayor's Youth Advisory Committee (MYAC) will provide Council with a presentation to include the following: Scholarship presentation - Tom Mitchinson will recognize Madeline Berardi, a grade 12 student at A.N Myer Secondary School, as the scholarship recipient. Annual Year-End Deputation - MYAC Co-Chairs, Paulina Labarta and Shivani Patel, to review MYAC's 2024-2025 school year. 7.2. Niagara Peninsula Energy Inc. - Presentation The following individuals will be present to provide a brief presentation to Council regarding updates from Niagara Peninsula Energy Inc.: Brian Wilkie, President and CEO of Niagara Peninsula Energy Inc. Suzanne Wilson – Chief Operating Officer, CA, CPA Shanon Wilson – Senior Vice-President Asset Management, P. Eng Paul Blythin -Vice-President Regulatory Affairs & Revenue, CPA, CGA Rocky Vacca, Chair of NPEI Board NPEI - Council Presentation - Niagara Falls June 17 2025 50 - 64 7.3. Correspondence from Store manager - Grand Bazaar Niagara - Seasonal Vendors Attached is an email from the store manager of Grand Bazaar Niagara on Victoria Avenue, pertaining to the seasonal business licensing by-law. Mel Ertemiz, of Grand Bazaar Niagara, will be present to address this matter. Recommendation: For the Consideration of Council. Correspondence from Store Manager - Grand Bazaar Niagara - Seasonal Vendors 65 - 67 7.4. Levels of Service - Asset Management Plan (AMP) Presentation Daryush Esmaili, from Aspire Consulting, along with Andrew Mirabella from Hemson Consulting, and Tara Gudgeon, Senior Manager Asset Management Municipal Works will be present to provide a presentation to Council pertaining to the Levels of Service - AMP. 68 - 119 Page 2 of 596 Erik Nickel, General Manager of Municipal Works, along with Amanda Beattie, from Aspire Consulting, will be in attendance. MW-2025-17 (Report and presentation added) Levels of Service Asset Management Plan 2025 MW-2025-17 - Pdf Presentation - from Aspire Consulting Council Presentation_2025-06-17_v11 8. PLANNING MATTERS 8.1. PBD-2025-38 - Public Meeting - (Presentations and Appendix 6 added) (Comments added) AM-2024-019 & 26CD-11-2024-007, Zoning By-law Amendment and Draft Plan of Vacant Land Condominium Application 6111 Carlton Avenue Proposal: 6 townhouse and 1 detached dwelling along a private roadway Applicant: Tanya Byrd and Eric Byrd Agent: Upper Canada Consultants Chris Roome, Planner 2, to provide an overview of Report PBD- 2025-38. PBD-2025-38 - Pdf AM-2024-019 - Staff's Presentation AM-2024-019 - Applicant's Presentation Comments from residents - AM-2024-019 120 - 179 8.2. PBD-2025-39 - Public Meeting - (Presentation added) City Initiated Zoning By-law Amendment AM-2023-001 Zoning Consolidation Chris Roome, Planner 2, to provide an overview of Report PBD- 2025-39. PBD-2025-39 - Pdf AM-2023-001 - Staff's Presentation 180 - 228 9. REPORTS Page 3 of 596 9.1. CS-2025-31 2025-2026 Insurance Program Renewal CS-2025-31 - Pdf 229 - 232 9.2. CS-2025-34 Debenture Financing for Adopted 2025 Capital Budget CS-2025-34 (Finance) - Debenture Financing for Adopted 2025 Capital Budget - Pdf 233 - 238 9.3. CS-2025-35 Filing Claims with the City Through the City's Online Claim Portal CS-2025-35 239 - 250 9.4. CS-2025-36 Fee Waiver Applications - June 2025 Submissions 1. THAT Council approve, approve in part or deny the Fee Waiver applications received for the June 17, 2025 submission date, listed as follows: Project Share of Niagara Falls - Coldest Night of the Year - in the amount of $226.00 to waive the costs of the "road use special event permit." Niagara Jazz Festival - Sax in the City - in the amount of $1,632.85 to waive the costs of the Exchange facility rental. Chippawa Volunteer Firefighters Association - Chippawa Cruise Nights - in the amount of $3,038.49 to waive the costs associated with the Chippawa Lions parking lot. Victim Services Niagara - 2025 Victim Services Niagara Police vs Fire Charity Softball Game - in the amount of $115.34, to waive the costs associated with the hourly rate for the athletic field and lighting. Meals on Wheels Niagara Falls/Niagara-on-the-Lake - Souper Lunch - in the amount of $200.00 for the waiving of the fees associated with the rental of the Memorial Room at the Gale Centre. Cat & Monkey Events/Ronnie Dons Ice Cream - Halloween on Queen - in the amount of $905.00 to waive the costs associated with the road closure, staffing, equipment and permit application fee. 2. THAT Council DENY the Fee Waiver request from P.L.A.Y. 251 - 315 Page 4 of 596 Niagara for the estimated $4308 in fee waivers for ice rental so as not to set precedent for other school groups looking for similar waivers. (See below under "background" for further details) CS-2025 - 36 - Fee Waiver Applications - June 2025 Submissions - Pdf 9.5. PBD-2025-41 Noise Concerns PBD-2025-41 - Pdf 316 - 358 9.6. PBD-2025-42 Amendments to Sign By-law No. 2021-24 PBD-2025-42 - Pdf 359 - 410 10. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. RECOMMENDATION: THAT Council APPROVE Item #10.1. 10.1. PBD-2025-40 Building Faster Fund Investment Plan PBD-2025-40 - Pdf 411 - 414 11. 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. Page 5 of 596 RECOMMENDATION: THAT Council approve/support Item #11.1 through to and including Item #11.7. 11.1. Noise By-law Exemption Request - St. George Serbian Orthodox Church Attached is a request for a Noise By-law Exemption for the following dates and events to be held in 2025, that will take place on the church grounds of St. George Serbian Orthodox Church located at 6085 Montrose Rd. The requested exemption is for the following dates and events: Saturday, June 28, 2025 and Sunday, June 29, 2025 - St. George Church and the Serbian National Shield Society will be hosting the 80th Annual Serbian Day in Niagara Falls. The organizers respectfully request an exception to the Noise By-Law to have it extended to midnight on Saturday, June 28th. respectfully request an exception to the Noise By-Law to have it extended to midnight on Saturday, June 28th. Saturday, August 2, 2025 and Sunday, August 3, 2025 - Annual Kordun Family Picnic. For the Saturday evening (August 2nd) , the organizers are requesting an exception to the Noise By-Law to have it extended to midnight. Recommendation: THAT Council APPROVE the noise by-law exemption request at the St. George Serbian Orthodox Church for the playing of music until midnight on Saturday, June 28, 2025 and Saturday, August 2, 2025. Noise By-law Exemption Request - St. George Serbian Orthodox Church 415 11.2. Special Occasion Permit Request -Thunder River Bikefest Organizers of the Thunder River Bikefest are looking to Council for a letter of Municipal Significance for the Thunder River Bikefest 2025 taking place on Saturday, July 26, 2025 and Sunday, July 27, 2025 at the National Military Heritage Museum, 12761 Sodom Road, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Recommendation: THAT Council DECLARE the Thunder River Bikefest 2025 taking place on Saturday, July 26, 2025 and Sunday, July 27, 2025 at the National Military Heritage Museum, 12761 Sodom Road, Niagara Falls as an event of "municipal significance" in the City of Niagara Falls in order to assist with a Special Occasion permit from the AGCO. 416 Page 6 of 596 Special Occasion Permit Request - Thunder River Bikefest 2025 11.3. Clifton Hill BIA - 2025 Budget Attached is Clifton Hill BIA's annual budget for 2025. Recommendation: THAT Council APPROVE the 2025 budget for the Clifton Hill BIA. Clifton Hill BIA - Budget 417 11.4. Lundy's Lane BIA - 2025 Final Budget Attached is the Lundy's Lane BIA's 2025 proposed budget for Council approval. Recommendation: THAT Council APPROVE the Lundy's Lane BIA's proposed budget for 2025. 2025 LLBIA Final Budget - Approved by LLBIA Board on May 29, 2025 418 - 420 11.5. Flag-Raising Request - National Addiction Awareness Week (NAAW) Attached is a request from Community Addiction Services of Niagara (CASON) to recognize National Addiction Awareness Week (NAAW), November 16, 2025 - November 22nd, 2025, with a flag raising ceremony in Niagara Falls. Recommendation: THAT Council recognize National Addiction Awareness Week (NAAW), November 16, 2025 - November 22nd, 2025, with a flag raising ceremony in Niagara Falls. Flag-Raising Request - Community Addiction Services of Niagara (CASON) 421 - 422 11.6. Proclamation Request - World Hepatitis Day Attached is a request for Council to proclaim Monday, July 28th, 2025 as "World Hepatis Day" in the City of Niagara Falls. Recommendation: THAT Council PROCLAIM Monday, July 28, 2025 as "World Hepatitis Day" in the City of Niagara Falls. Proclamation - World Hepatis Day - background information 423 - 425 Page 7 of 596 WHD 2025 Proclamation - Niagara Falls 11.7. Noise By-law Exemption - 14th Annual Heaters Heroes Run For Children The Heaters Heroes Committee, along with the Fallsview Hose Brigade, are requesting that Council grant an exemption to the City's Noise-By-law until 11:00 PM on Saturday, September 6, 2025 for the purpose of playing music for their annual event taking place at Oakes Park in Niagara Falls. Recommendation: THAT Council APPROVE the request from the Heaters Heroes Committee, to grant an exemption to the City's Noise By-law until 11:00 PM on Saturday, September 6, 2025 for the purpose of playing music at Oakes Park in Niagara Falls. 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #12.1 through to and including Item #12.4. 12.1. Resolution - City of Peterborough - Bill 6, Safer Municipalities Act, 2025 Attached is a resolution passed by the Council of the City of Peterborough regarding Bill 6, Safer Municipalities Act, 2025. Recommendation: THAT Council RECEIVE for Information. Resolution - City of Peterborough - Bill 6, Safer Municipalities Act, 2025 426 - 427 12.2. Resolution - City of Kingston - Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025 Attached is a resolution from Kingston City Council passed on May 20, 2025. Recommendation: THAT Council RECEIVE for Information. Resolution - City of Kingston - Bill 5 - Protecting Ontario by Unleashing Our Economy Act, 2025 428 - 429 12.3. Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region for information. 1) Niagara Region Report - PDS 11-2025 - Corporate Climate Change Action Plan 2) Niagara Region Report - PW 20-2025 - 2024 Reserve Water 430 - 534 Page 8 of 596 and Wastewater Treatment Capacities 3) Niagara Region Report - PW 19-2025 - Combined Sewer Overflow Control Program – 2025 Funding Recommendations Recommendation: THAT Council RECEIVE for Information. CLK-C 2025-054 PDS 11-2025 - Corporate Climate Change Action Plan CLK-C 2025-053 PW 20-2025 - 2024 Reserve Water and Wastewater Treatment Capacities CLK-C 2025-050 PW 19-2025 - Combined Sewer Overflow Control Program – 2025 Funding Recommendations 12.4. Office of the Integrity Commissioner – Matter No. IC-35449- 0325-0325 O’Connor re: Pietrangelo – Joint Code Complaint / MCIA Application Attached is an investigation report from the Integrity Commissioner and Investigator with regard to the above captioned matter. Recommendation: THAT Council RECEIVE for information. Final Investigation Report - IC-35449-0325 - June 13 2025 535 - 551 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. 14.1. NOTICE OF MOTION - Impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan Attached is a notice of motion from Councillor Lori Lococo pertaining to the impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan. Notice of Motion Impacts of Bill 5 - from Councillor Lococo 552 Page 9 of 596 15. MOTIONS FOR CONSIDERATION 15.1. MOTION – Lines on Roads Attached is a motion from Jim Diodati regarding lines on roads. Motion – Lines on Roads 05 26- from Mayor Diodati 553 15.2. MOTION - Bubble Zones Attached is a motion from Councillor Ruth-Ann Nieuwesteeg requesting a staff report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Motion - Councillor Nieuwesteeg - Bubble Zones 554 15.3. MOTION - Veterans Day Memorial Crosswalk or Alternatives Councillor Patel brought forth the attached motion pertaining to the installation of a memorial crosswalk or alternatives to honour the veterans. Motion - Veteran Memorial Crosswalk or Alternative Tribute - from Councillor Patel 555 16. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2025- 065. A by-law to amend Schedule 11 “Commercial Parking Lots” to By-law No. 2001-31, being a by-law respecting the issuance of licences in the City of Niagara Falls. By-law 2025-065 - Commercial Parking Lots By-law 556 - 561 2025- 074. A by-law provides for the adoption of Amendment No. 182 to the City of Niagara Falls Official Plan (AM-2024-037). By-law 2025-074 - AM-2024-037 - Vacant Lot Adjacent to 2220 Stanley Avenue - OPA 562 - 565 2025- 075. A by-law to amend By-law No. 79-200, to permit the use of the Lands for the development of 28 stacked townhouse dwelling units, subject to a 3-year sunset clause. (AM-2024-037) By-law 2025-075 - AM-2024-037 - Vacant Lot Adjacent to 2220 Stanley Avenue - ZBA 566 - 568 Page 10 of 596 2025- 076. A by-law provides for the adoption of Amendment No. 185 to the City of Niagara Falls Official Plan (AM-2024-028). By-law 2025-076 - AM-2024-028 - 8055 McLeod Road - OPA 569 - 572 2025- 077. A by-law to amend By-law No. 79-200, to permit the use of the Lands for the development of a 10 storey, 112-unit apartment dwelling, subject to a 3-year sunset clause. (AM-2024-028). By-law 2025-077 - AM-2024-028 - 8055 McLeod Road - ZBA 573 - 575 2025- 078. A by-law to amend By-law No. 79-200 to permit the use of the Lands for the purpose of 42 stacked townhouse dwelling units, subject to a 3-year sunset clause (AM-2025-004). By-law 2025-078 - AM2025-004 - 6645, 6655 and 6665 McLeod Road 576 - 578 2025- 079. A by-law to amend By-law No. 2021-24, to delegate approval of sign by-law amendments to the General Manager of Planning, Building and Development or their Designate, reduce the notice time period, adjust the outlined process and provide for an appeal process for sign by-law amendments, permit the issuance of Sign Permits for minor variances within the appeal period if the applicant proceeds with a sign permit application, and make position title changes. By-law No. 2025-079 Amendment to Sign By-law No 2021-24 - amended June 10 579 - 582 2025- 080. A by-law to amend By-law No. 2019-35, to waive the requirement of an annual registration fee for Service dogs. (Added) By-law 2025-080 - Amend- Animal Control By-law. 583 2025- 081. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law 2025-081 - 2025 JUN 17 By-law Enforcement Officers 584 - 586 2025- 082. A by-law to enter into an agreement with the Ministry of Infrastructure related to the provincial Transfer Payment Agreement for Municipal Housing Infrastructure Program – Housing-Enabling Core Servicing Stream. 587 Page 11 of 596 By-law 2025-082 - HECS Authorizing By-law 2025- 083. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Pedestrian Crossovers, Parking Prohibited, Speed Limits on Highways (Part 2 - 60 km/h), Stop Signs At Intersections, Community Safety Zones) By-law 2025-083 - 06 17 2025 - Multiple Streets PXO's, Chippawa Pkwy & Dorchester Rd, Frila Ct, Kalar Rd 588 - 591 2025- 084. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at Intersections). By-law 2025-084 - 06 17 2025 - Stop Signs at Intersections 592 - 595 2025- 085. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 17th day of June, 2025. By-law 2025-085 - 06 17 25 Confirming By-law 596 17. ADJOURNMENT Page 12 of 596 The City of Niagara Falls, Ontario Resolution June 17, 2025 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 June 17, 2025, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice the significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. THEREFORE BE IT RESOLVED that on June 17, 2025 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (b) personal matters about an identifiable individual, including local board employees to be considered to fill vacancies to various committees. Council will also consider matters that fall under section 239 (2) (a) the security of the property of the municipality involving an insurance program; (i) and (j) regarding a trade secret involving the use of a corporate logo and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations involving arbitration. Page 13 of 596 AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 14 of 596 MINUTES City Council Meeting 2:00 PM - Tuesday, May 27, 2027 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 27, 2025, at 2:02 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Chris Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor MIke Strange STAFF PRESENT: Shelley Darlington (Acting CAO), Bill Matson, Nidhi Punyarthi, Erik Nickel, Kathy Moldenhauer, Kira Dolch, Tiffany Clark, Jo Zambito, Signe Hansen, Serge Felicetti, Trent Dark 1. CALL TO ORDER The City Council Meeting was called to order at 2:02 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Council ENTER into an In-Camera session. Carried Unanimously (Councillor Nieuwesteeg was absent from the vote). 2.2. In-Camera Resolution - In-Camera Education Session - Monday, July 7, 2025 Moved by Councillor Mike Strange Seconded by Councillor Lori Lococo THAT Council ENTER into an In-Camera Education session on July 7, 2025. Carried Unanimously (Councillor Nieuwesteeg was absent from the vote). 3. CALL TO ORDER - COUNCIL MEETING RECONVENING The City Council Meeting reconvened at 4:20 PM. 4. ADOPTION OF MINUTES 4.1. Council Minutes of May 6, 2025 Moved by Councillor Tony Baldinelli Page 1 of 35 Page 15 of 596 Seconded by Councillor Mike Strange THAT Council APPROVE the minutes of the May 6, 2027 meeting as presented. Carried Unanimously (Councillor Nieuwesteeg was absent from the vote). 5. DISCLOSURES OF PECUNIARY INTEREST Councillor Ruth-Ann Nieuwesteeg arrived to meeting at 4:30 PM. a) Councillor Vince Kerrio declared a conflict of interest to Item #8.1 - PBD-2025- 33, as the Councillor owns property across the street from this development. b) Councillor Victor Pietrangelo declared a conflict of interest to Item #9.1 - CAO- 2025-07 and to the corresponding By-law 2025-72, as he owns property that can be affected; also declared a conflict of interest to Item #9.10 - CS-2025-33- Licence Appeal Committee Terms of Reference, as the Councillor owns property that is affected by this report. c) Councillor Mona Patel declared a conflict of interest to By-law 2025-064 as the applicant is a place of employment for the Councillor's spouse. 6. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: Giovanni (John) Mignelli, father of Carmen Mignelli (retired City employee) b) Mayor Diodati mentioned the following City events and announcements: 2025 NRP International Tug of War At the Rainbow Bridge Global Encounters Festival Traveling Torch (Kings Bridge Park) Municipal Works BBQ – Public Works Week Market Opening and Free Tree Giveaway Also attended by Councillor Patel and Strange At Kingsbridge Park Significant international event organized by Ismaili Muslim community Faanoos – a beautifully crafted lantern embodies spirit of enlightenment and guidance The Faanoos lights the path to the festival & has already embarked on a worldwide journey to more than 250 cities across the globe Ontario Public Works Association Awards Erik Nickel Our General Manager, Municipal Works, Erik Nickel was honoured during National Public Works Week Presented with the Patricia McDonald Community Service Award Recognized for his long-service to the Niagara Engineering Week Page 2 of 35 Page 16 of 596 Organizing Committee, and his vital support of young engineering students, having awarded more than 80 entry-scholarships to future engineers. Congratulations Erik. 50th Anniversary of Fire Station 2 – David T. Kemp Station Also attended by Councillor Lococo Business Milestones and Events: The Brock Hotel Grand Opening o Also attended by Councillors Pietrangelo, Patel and Nieuwesteeg Stoneridge Estates Groundbreaking Ceremony Zehrs Grand Re-Opening D Spot Dessert Café Grand Opening o Also attended by Councillor Patel Island Delights Grand Opening Nicky’s Hair & Make-Up 30 Years in Business Anniversary Chip N Charlie’s 20th Business Anniversary Flag Raisings: National Accessibility Week o Also attended by Councillors Patel, Nieuwesteeg and Lococo c) The next Council meeting is scheduled for Tuesday, June 17, 2025. 7. DEPUTATIONS / PRESENTATIONS / DELEGATIONS 7.1. Civic Recognition - Kristian Jamieson - Champion of the Niagara Ultra Marathon Kristian Jamieson ran 42 kilometres and won the Niagara Ultra marathon with the fastest time in a decade and this amazing feat qualified him for two of the world's most coveted races: the Boston and Chicago Marathons. Mayor Diodati recognized Kristian for his achievements. Councillor Kerrio left Chambers at 4:47 PM and returned at 5:00 PM. 7.2. National Accessibility Week Chair of the Mayor's Accessibility Advisory Committee, Bob Romanuk, presented Council with a brief update on some of the Accessibility Committee's activity during the last year. 7.3. Seniors Advisory Committee The Seniors Advisory Committee provided a presentation to Council of which included a review of the Seniors month activities the committee is helping to organize through the Month of June. Otto Penner, Senior Advisory Chair , provided a high-level presentation of the committee’s achievements over the past year. Eileen Tinio-Hind spoke about events during June for Seniors month. Page 3 of 35 Page 17 of 596 Senior of the Year Award - Recognition of Karen Fraser The Seniors Advisory Committee (SAC) accepted nominations for the 2025 Ontario Senior of the Year Award. The City of Niagara Falls encourages residents to submit nominations for the 2025 Ontario Senior of the Year Award. This award allows each municipality to honour one outstanding local resident - aged 65 or older and living in Niagara Falls for their contributions to enriching our community's social, cultural, and civic life. The SAC committee voted for Karen Fraser who is a member of the Senior Advisory Committee. Council recognized Karen Fraser for being the recipient of the 2025 Ontario Senior of the Year Award. 7.4. RCF-2025-07 - Report and Presentation Allister Young Arts & Culture Endowment Fund 2025 Recipient Co-Chairs, Debra Attenborough and Laurie Moffat were in attendance to present the award and to speak of the Culture Committee and its activities. Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council ACKNOWLEDGE Ashley Marazzo as the 2025 Allister Young Arts & Culture Endowment Fund recipient. Carried Unanimously 7.5. Petition regarding a Noise Complaint Resident Terri-Lynn Pirie, of 3734 Sinnicks Avenue, addressed Council regarding a petition that she gathered over noise complaints in her neighborhood past 11:00pm. Living beside the Sportsplex, she is asking Council for assistance to implement an 11:00 PM curfew aligning it with other City parks to help address the noise issues. Moved by Councillor Tony Baldinelli Seconded by Councillor Chris Dabrowski THAT Council refer the matter to staff in an effort to address the hours of operation of the Sportsplex on Sinnicks Avenue and to work with the owners to come up with solutions in order to mitigate the noise concerns and to further bring back a report at the June 17, 2025 Council meeting. Carried Unanimously 7.6. Delegation Request Regarding Potential Retroactive CIP Application Location: 7874 Blackburn Parkway Applicant: John LaPenna (1769806 Ontario Inc.) John LaPenna, addressed Council regarding his application under the Gateway CIP Program. Page 4 of 35 Page 18 of 596 Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council ALLOW Mr. John LaPenna to work with staff to address his concerns about the completion of his application under the Gateway CIP Program Carried (Councillor Lococo was opposed). Moved by Councillor Mona Patel Seconded by City Councillor Vince Kerrio THAT Council agree to move up Item #9.1 in the agenda to address prior to the Planning Public Meetings. Carried Unanimously 8. PLANNING MATTERS 8.1. PBD-2025-33 - Public Meeting AM-2024-037, Official Plan and Zoning By-law Amendment Application Vacant Parcel adjacent to 2220 Stanley Avenue Part Township Lot 18, Stamford, Parts 3 & 4, Plan 59R-18159; City of Niagara Falls Proposal: To increase the density permitted and rezone the subject lands to permit the development of 28 stacked townhouse dwelling units. Applicant: Growth Social House Inc. (Chris Adams) Agent: Ethan Laman (Upper Canada Consultants) The Public Meeting commenced at 6:30 PM (after Council addressed Item #15.1). Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2025-33. Paulina Caramia,of 5455 Morning Glory Court, spoke to Council in opposition to the development, citing density concerns and privacy, security and safety issues. Kgveh Etezari, of 5435 Morning Glory Court, addressed Council citing density concerns with the development and how it pertains to the Official Plan Amendment. He also cited traffic and parkland issues in the area. Carmine Bianchi, of 5445 Morning Glory Court, addressed Council opposed to the development, citing that is a detriment to the area and will create a parking issue on Morning Glory Court. Rob Bryson, of 5475 Morning Glory Court, addressed Council citing some safety concerns with the high density application that is being proposed due to the speed of traffic. Page 5 of 35 Page 19 of 596 Mr. Latiff, 5465 Morning Glory Court, addressed Council in opposition of the project as it pertains to the safety of his children as a result of increased traffic and increased parking on the street. Ed Marinelli, 5495 Morning Glory Court, opposed the application citing density concerns for the land (re: Parking issues). Rocky Vacca, Solicitor, appearing on behalf of the applicant, addressed Council supporting the development. He discussed the 7 studies that was supported and accepted by City staff (Noise Study, Parking Study, Compatibility Study.....) The Public Meeting closed at 7:44 PM. Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski 1. THAT Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to increase the permitted density and rezone the subject lands for the development of 28 stacked townhouse dwelling units, subject to the regulations detailed in this report. 2. THAT Council AUTHORIZE the amending by-law which includes a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. 3. THAT Council ALLOW residents of the neighbourhood to be in involved in the site-plan process with the development and to look at parking solutions so as to not impede the residents of the existing neighbourhood; and to inquire with the Niagara Transit Board about the possibility of expanding service to the area of Stanley Avenue and Portage Road in Niagara Falls and to ask that the Board offer the City a response for any associated costs and implications involved with this request; and to have staff investigate the possibility of adding additional sidewalks to the area. Carried Unanimously (Councillor Kerrio declared a conflict of interest). 8.2. PBD-2025-32 - Public Meeting AM-2024-028, Official Plan and Zoning By-law Amendment Applications 8055-8065 McLeod Road Part Township Lot 170, Stamford, Part 1, 59R-7560; s/t RO604109; City of Niagara Falls Proposal: To increase the permitted height allowed for a 10 storey (112 unit) apartment building in the Official Plan, rezone the subject lands to a Page 6 of 35 Page 20 of 596 Residential Apartment 5F Density (R5F) and Environmental Protection Area (EPA) Zones with site specific provisions Applicant: Niagara Falls Non-Profit Housing Agent: Agent: Max Fedchyshak (NPG Planning Solutions) The Public Meeting commenced at 7:50 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2025-32. Ursula Hudson, of 8065 McLeod Road, attended the Open House and addressed Council citing concerns with the property next to the development pertaining to environmental issues. Aaron Butler, of NPG Planning Solutions, addressed Council, representing the applicant, supporting the application. Gord Szaszi, representing Niagara Falls Non-Profit Housing, from the Region, also addressed Council reassuring that the development will maintain affordability to keep the project viable. Michael Allen, project architect, from ACK, spoke supporting the application and discussed the features of the design. The Public Meeting closed at 8:28 PM. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to increase the permitted height and rezone the subject lands to Residential Apartment 5F Density (R5F) and Environmental Protection Area (EPA) Zones with site specific provisions, subject to the regulations detailed in this Report. 2. THAT Council AUTHORIZE the amending by-law which includes a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried Unanimously 8.3. PBD-2025-31 AM-2025-004 Zoning By-law Amendment Application 6645,6655 and 6665 McLeod Road Proposal: 42 Stacked Townhouse Dwellings Applicant: Alexandre Araujo (McLeod Development Inc) Agent: Licheng Lim (NPG Planning Solutions) The Public Meeting commenced at 8:29 PM. Page 7 of 35 Page 21 of 596 Chris Roome, Planner 2, provided an overview of Report PBD-2025-31. Mayor Diodati left Chamber at 8:32 PM and Councillor Victor Pietrangelo resumed as Chair. Aaron Butler, from NPG Planning Solutions, introduced Lichheng Lim to provide a brief presentation to Council. Lichheng Lim, Agent, addressed Council supporting the development. The Public Meeting closed at 8:50 PM. Mayor Diodati resumed as Chair at 8:50 PM. Moved by City Councillor Vince Kerrio Seconded by Councillor Mike Strange 1. THAT Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Low Density – Grouped Multiple Dwellings (R4) zone to facilitate the construction of 42 stacked townhouses, as outlined in this report. 2. THAT Council AUTHORIZE the amending by-law to include a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried Unanimously 9. REPORTS 9.1. CAO-2025-07 (Addressed this matter after the Presentations at 5:50 PM.) Revision of Municipal Accommodation Tax Bylaw Richard Taylor, from Fallsview Casino Resort, spoke addressing his concerns about the Municipal Accommodation Tax. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli 1. THAT Council AMEND the Municipal Accommodation Bylaw to delete from Section 3.1 of the Bylaw the following sentence; "The MAT will apply even if the Accommodation is provided to the travelling public for free or at no cost". 2. THAT Council DIRECT staff to further investigate this issue with the appropriate Ministries at the Province and or obtain a fulsome legal opinion on this matter. Page 8 of 35 Page 22 of 596 Carried Unanimously (Councillor Pietrangelo declared a conflict). Moved by Councillor Lori Lococo Seconded by Councillor Chris Dabrowski THAT Council AGREE to move up Item #15.1 in order to discuss the matter prior to the Planning Public Meetings as Regional Councillor Joyce Morocco was in attendance. Carried Unanimously 9.2. CS-2025-26 2023 Budget to Actual Variance (unaudited) - Tax Levy Supported Fund Moved by Councillor Victor Pietrangelo Seconded by City Councillor Vince Kerrio 1. THAT Council RECEIVE report CS-2025-26 2023 Budget to Actual Variance (unaudited) - Tax Levy Supported Fund for information. 2. THAT Council APPROVE the recommended operating special purpose reserve consolidations (transfers) as outlined in the charts in attachment 9 - Operating Special Purpose Reserve Updates. Carried Unanimously 9.3. MW-2025-14 M.F. Ker Park Pickleball Court Facility- Project Update Moved by City Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo 1. That Council RECEIVE FOR INFORMATION the construction status update at the M.F. Ker Park Pickleball Court Facility. 2. That Council DIRECT staff to defer the installation of noise attenuation curtains at the M.F. Ker Park Pickleball Court Facility for the 2025 summer play season and monitor the noise within the park. Carried Unanimously 9.4. PBD-2025-34 New Community Improvement Plan Project Initiation Report and Existing CIP Incentive Program Extensions Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by City Councillor Vince Kerrio 1. THAT Council RECEIVE this report regarding the initiation of the new Community Improvement Plan project. 2. THAT Council AUTHORIZE the extension of the City’s current CIP Incentive Programs and CIP Development Charge exemptions, as outlined in this report, until December 31, 2025. Page 9 of 35 Page 23 of 596 3. THAT Council DIRECT staff to send a copy of this report to the Region of Niagara. Carried Unanimously 9.5. PBD-2025-35 Quarter 1 Housing and Growth Monitoring Report Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange 1. THAT Council RECEIVE the Quarter 1 Housing and Growth Monitoring Report that reviews the status of current development and housing activity in the City of Niagara Falls from January 1 through March 31 of 2025 (Q1). 2. THAT Council DIRECT staff to forward the housing information to the Province as required. Carried Unanimously 9.6. PBD-2025-36 Commercial Parking Lot By-law Amendment Gerald Spencer, Senior Management of Municipal Enforcement, was in attendance and responded to questions of Council. Moved by Councillor Mona Patel Seconded by Councillor Chris Dabrowski 1. THAT Council APPROVE the proposed Commercial Parking Lot by-law as detailed in Appendix 1of the staff report PBD-2025-036. 2.THAT Council AUTHORIZE staff to update the Schedule of Fees to include the licencing fees associated with the Commercial Parking Lot By- law as identified in this report. Carried (Councillor Kerrio was opposed to the vote). 9.7. CLK-2025-32 Voting Methods for the 2026 Municipal Elections Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council RECEIVE the report on Voting Methods for the 2026 Municipal Elections report as information. THAT Council AUTHORIZE in-person ballot voting using vote tabulators as the primary voting method for the 2026 Municipal and School Board Elections. Carried Unanimously Page 10 of 35 Page 24 of 596 9.8. RCF-2025-08 Proposal to Introduce a Pet Cemetery Section Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by City Councillor Vince Kerrio 1. THAT Council APPROVE the implementation of a designated pet cemetery section within Fairview Cemetery, allowing for either pet only and or human and pet combined interment. 2. THAT Council DIRECT staff to develop a revised bylaw to accommodate this approval as well as update our internal policies and procedures prior to December 31, 2025. Carried Unanimously 9.9. PBD-2025-37 Niagara Falls Animal Care and Control By-law Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mona Patel 1. That Council Approve waiving yearly registration fees for Service Dogs as defined by the City Animal Control By-Law. 2. That Council NOT APPROVE an unlimited exemption to the number of dogs permitted per residence if the dogs are identified as service dogs as defined by the City’s Animal Control By-Law. 3. That Council NOT APPROVE the definition change from Service Dog to Service Animal. Carried Unanimously 9.10. CS-2025-33 Licence Appeal Committee Terms of Reference Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council APPROVE the Terms of Reference for the Licence Appeal Committee; AND THAT the committee still consist of 7 members but the composition will now be 5 members of the public and 2 Council members; and THAT Council RECEIVE the report for information. Carried Unanimously (Councillor Pietrangelo declared a conflict). 10. CONSENT AGENDA 10.1. CS-2025-29 2024 Water/Wastewater Fund Budget to Actual Variance (Unaudited) Moved by Councillor Lori Lococo Page 11 of 35 Page 25 of 596 Seconded by Councillor Chris Dabrowski THAT Council RECEIVE the Water/Wastewater Fund Budget to Actual Variance report for the year ended December 31, 2024. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Flag Raising Request - Azerbaijan Independence Day Attached is a request to organize a flag-raising ceremony on Wednesday, May 28, 2025 to recognize "Azerbaijan Independence Day." Recommendation: THAT Council APPROVE a flag-raising ceremony on Wednesday, May 28, 2025 to recognize "Azerbaijan Independence Day." 11.2. Special Occasion Permit Request - Nikola Tesla Day Festival Organizers of the Nikola Tesla Day Festival are looking to Council for a letter of Municipal Significance for the Nikola Tesla Festival (Tesla Fest) 2025 taking place on Saturday, July 12, 2025 at Oakes Garden Theatre, 5825 River Road, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Recommendation: THAT Council DECLARE the Nikola Tesla Festival (Tesla Fest) 2025 taking place on Saturday, July 12, 2025 at Oakes Garden Theatre as an event of "municipal significance" in the City of Niagara Falls in order to assist with a Special Occasion permit from the AGCO. 11.3. Special Occasion Permit and Noise By-law Exemption - Niagara Falls Ribfest Organizers of the event are looking to Council for a letter of Municipal Significance for the Niagara Falls Ribfest taking place on Friday, June 13, 2025 to Sunday, June 15, 2025 at the Fallsview Event Grounds at 6727 Stanley Avenue, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Additionally, the organizers of the event are looking for Council to approve an exemption to the City's Noise By-law to allow for the playing of amplified sound until 10:00 PM on Saturday, June 14, 2025. Recommendation: THAT Council DECLARE the Niagara Falls Ribfest as an event that is "municipally significant," to assist the organizers with obtaining a Special Occasion permit from the AGCO; AND THAT Council APPROVE an exemption to the City's Noise By-law to allow for the playing of amplified sound until 10:00 PM on Saturday, June 14, 2025. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Page 12 of 35 Page 26 of 596 THAT Council DECLARE the Niagara Falls Ribfest as an event that is "municipally significant," to assist the organizers with obtaining a Special Occasion permit from the AGCO; AND THAT Council APPROVE an exemption to the City's Noise By-law to allow for the playing of amplified sound until 10:00 PM on Saturday, June 14, 2025. Carried Unanimously 11.4. Flag Raising Request - Christian Heritage Month Attached is a request for Council to declare the month of December 2025 as "Christian Heritage Month." Recommendation: THAT Council DECLARE the month of December 2025 as "Christian Heritage Month." 11.5. Noise By-law Exemption - Outdoor private event - July 2025 Attached is a request for a Noise By-law Exemption for an upcoming private outdoor event, to be held on Sunday, July 20, 2025 at 3663 Wilshire Boulevard in Niagara Falls, to allow for the playing of amplified music until 11:00 PM. Recommendation: THAT Council APPROVE a Noise By-law Exemption for an upcoming private outdoor event, to be held on Sunday, July 20, 2025 at 3663 Wilshire Boulevard in Niagara Falls, to allow for the playing of amplified music until 11:00 PM, subject to the verification of the owner of the home being informed. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE/SUPPORT Item #11.1 through to and including Item #11.5. Carried Unanimously 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region for information. 1) A resolution passed by the Town of Niagara-on-the-Lake’s Council, at its Council Meeting held on April 29, 2025, regarding the Niagara’s International Agricultural Workers (IAW). 2) Niagara Region Report - PDS 8-2025 - Development Applications Monitoring Report – 2024 Year End Recommendation: THAT Council RECEIVE for information. 12.2. Correspondence from Marvin Rotrand Attached is information sent from Marvin Rotrand, Director General, United Against Hate Canada. Page 13 of 35 Page 27 of 596 Recommendation: THAT Council RECEIVE for Information. 12.3. Memo - Niagara Falls Hydro Holding Corporation Updates Attached is a memo and financial statements pertaining to the Niagara Falls Hydro Holding Corporation, providing Council an update. Recommendation: THAT Council RECEIVE for Information. 12.4. Memo to Council: Supplemental Information Regarding By-law No. 2025- 069 Attached is a memo from our Planning Department providing information pertaining to By-law 2025-069 - Location: 9304 McLeod Road & 0 Beechwood Road (PID 1337). Recommendation: THAT Council RECEIVE for information. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council RECEIVE FOR INFORMATION Item #12.1 through to Item #12.4. Carried Unanimously Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council approve extending the meeting past its curfew of 10:00 PM. Carried Unanimously 13. RATIFICATION OF IN-CAMERA Nothing to ratify. Direction to staff was given. 14. NOTICE OF MOTION/NEW BUSINESS 14.1. NOTICE OF MOTION - Parking pass - Chippawa Boat Launch Attached is a a request for a Notice of Motion from Councillor Mike Strange regarding the resident's convenience parking pass to include the Chippawa Boat Ramp. Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo THAT Council waive the procedural by-law and approve the motion brought forth by Councillor Strange, THAT City Staff INCLUDE residential use at the Chippawa Boat Ramp Park as part of the Resident Convenience Parking Pass, and allow a longer parking option for passholders there than the current 2-hour time limit the pass affords. Carried Unanimously Page 14 of 35 Page 28 of 596 Notice of Motion - Parking Pass - Chippawa Boat Launch 14.2. Notice of Motion – Lines on Roads Attached is a a request for a Notice of Motion from Jim Diodati regarding lines on roads. Notice of Motion – Lines on Roads 05 26- from Mayor Diodati 14.3. Notice of Motion - Bubble Zones Attached is a notice of motion from Councillor Ruth-Ann Nieuwesteeg requesting a staff report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Notice of Motion - Councillor Nieuwesteeg - Bubble Zones 14.4. NOTICE OF MOTION - Veterans Day Memorial Crosswalk or Alternatives Councillor Patel brought forth the attached notice of motion pertaining to the installation of a memorial crosswalk or alternatives to honour the veterans. Notice of Motion - Veteran Memorial Crosswalk or Alternative Tribute - from Councillor Patel 14.5. Children's Memorial Garden Councillor Mike Strange discussed the Children's Memorial Garden and was looking for staff to provide an update as to the current status (signage, pricing for benches etc....). Direction to Staff: For staff to come back to Council with information pertaining to the current status of the Children's Memorial Garden and to include information about signage, pricing for benches etc.... 15. MOTIONS FOR CONSIDERATION 15.1. MOTION - Community Meeting (This matter was addressed at 6:12 PM) Attached is a Motion from Councillor Lori Lococo regarding a Community Meeting. Regional Councillor Joyce Morocco spoke to this matter. Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council ACCEPT the offer of Regional Councillor Joyce Morroco, as the Co-Chair of the Regional Public Health and Social Services, to arrange a community meeting with Regional Staff, including the Core team as well as Regional Police Services, to come to Niagara Falls City Council to discuss the challenges, solutions and a plan to move forward to assist our community as it deals with issues of homelessness, drug addiction and mental health; AND FURTHERMORE, THAT Councillor send all of their questions in advance of the meeting so that the Regional team can come prepared. Carried Unanimously Page 15 of 35 Page 29 of 596 COMMUNITY MEETING (updated) 15.2. MOTION -Trailer By-law Attached is a Motion from Councillor Lori Lococo regarding a trailer by-law. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli THAT staff REVIEW: - the current by-laws that reference trailers to possibly consolidate them. - the ability to address different types of trailers and their uses. - the ability to tow trailers for non-compliance. - the ability to use AMPS for non-compliance. and report their findings to Council for their review. Carried Unanimously Notice of Motion - TRAILER BY LAW 15.3. MOTION - Specialized Transit Attached is a Motion from Councillor Lori Lococo regarding Specialized Transit. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo THAT the Council of the City of Niagara Falls request that the Niagara Transit Commission consider, through the master plan and budget processes, adding the service areas not currently within the urban area boundary, but within the municipal boundary of Niagara Falls, to its service area for commingled microtransit; AND THAT a copy of this resolution be forwarded to the Niagara Transit Board as correspondence. Carried Unanimously No. 15 - Motion from Councillor Lori Lococo regarding Specialized Transit 15.4. MOTION - Have Planning Staff Expand the Circulation Area for Planning Public Notices The following Motion was presented by Councillor Lori Lococo during Council meeting of May 6, 2025. Motion - THAT Planning Staff Expand the Circulation Area for Planning Public Notices. Moved by Councillor Lori Lococo Seconded by Councillor Chris Dabrowski THAT Planning Staff EXPAND the Circulation Area for Planning Public Notices. Carried Unanimously Page 16 of 35 Page 30 of 596 15.5. MOTION: Request for Standard Reporting Timeline Options Attached is a Motion from Councillor Mona Patel regarding a request for standard reporting timeline options. Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo THAT Council REQUEST that staff prepare a report outlining options and recommendations for a standard approach to timelines for responding to Council directions that require a report back. AND THAT the report include: Suggested standard timelines, including the consideration of a fixed 120-day or 150-day timeframe or a reasonable period based on the nature of the request and departmental involvement. A process for keeping Council informed when more time may be needed. Potential tools or practices for tracking and updating Council on the status of outstanding items. Carried Unanimously Motion - Request for Standard Reporting Timeline Options 15.6. MOTION - Community and Stakeholder Meeting on Lundy’s Lane Planning Attached is a Motion from Councillor Mona Patel regarding a Community and Stakeholder Meeting on Lundy's Lane Planning. Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo THAT the meeting would bring together business owners, residents, City Council members, BIA representatives, and city planners to explore the following topics: The Impact of Motel Conversions: How the transformation of motels into long-term residential units is affecting housing, the tourism economy, and the overall character of the area. The Future Vision for Lundy’s Lane: Community input on how the area should evolve, with a focus on achieving a healthy balance between residential needs, tourism, and local economic vitality. Zoning and Land Use: Reviewing whether current zoning supports this evolving area and assessing whether updates are needed to manage future development responsibly. Affordable Housing: Discussing how to ensure a variety of housing options are available for future residents while maintaining the area’s mixed-use identity. Impact on Local Businesses from Land Use Changes: Understanding Page 17 of 35 Page 31 of 596 how the decline of tourist accommodations and the introduction of permanent residential units may affect foot traffic, customer base, and business sustainability along Lundy’s Lane. Understanding the Impact on Social Services: Exploring how increased residential density may place new demands on social services, and how to ensure that future residents have access to housing supports, reliable transportation, and community programs. Changing the Landscape of Historic Lundy’s Lane: Discussing how these changes may affect the historic character of Lundy’s Lane and what steps can be taken to preserve the area’s heritage while accommodating growth. BE IT FURTHER RESOLVED, THAT City staff will organize and facilitate the meeting, ensuring that all interested parties—including residents, business owners, City Council members, BIA representatives, and service providers— are invited to participate, helping to ensure that Lundy’s Lane remains a vibrant, livable, and sustainable part of the city. Carried Unanimously Motion - Community and Stakeholder Meeting on Lundy’s Lane Planning 15.7. MOTION - Construction hole in Chippawa Attached is a Motion from Councillor Ruth-Ann Nieuwesteeg pertaining to a request for action to remedy the hole in the ground in Chippawa. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT City Council work with the property owners, utilizing penalties and financially punitive tools in order to address this unsightly hole, to enforce the erection of proper construction hoarding and to ensure property standards to be enforced. Carried Unanimously MOTION - Construction Hole in Chippawa 15.8. MOTION - Beer and Wine Sales - Allowable times Attached is a Motion from Councillor Ruth-Ann Nieuwesteeg regarding a letter of permission allowing convenience stores to sell liquor and beer until 1:00 AM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by City Councillor Vince Kerrio THAT City Council SUPPORT allowing convenience stores to sell beer and wine until 1 AM and that staff contact the AGCO to consider changes to its current rules regarding alcohol sales. Carried Unanimously Motion - Beer and wine sales allowable times 15.9. MOTION - CPR Training for City Staff Attached is a Motion from Councillor Ruth-Ann Nieuwesteeg pertaining to CPR training to be provided to City Staff. Page 18 of 35 Page 32 of 596 Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Staff create a program offering CPR training for City Staff and Councillors encouraging those interested to attend. Carried Unanimously Motion - CPR training for City Staff 16. BY-LAWS 2025- 060. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 18 townhouse dwelling units in 3 blocks. (AM-2024-007). 2025- 061. A by-law to provide for the adoption of Amendment No. 183 to the City of Niagara Falls Official Plan (AM-2024-032). 2025- 062. A by-law to amend By-law No. 79-200, to permit the use of the Lands for the development for two apartment dwellings consisting of a total of 138 dwelling units, subject to a 3-year sunset clause. (AM-2024-032). 2025- 063. A by-law to amend By-law No. 79-200 to permit the use of the Lands for the purpose of an apartment dwelling with two-storey units integrated at grade, subject to a 3-year sunset clause (AM-2024-029). 2025- 064. A by-law to amend By-law No. 1538 and By-law No. 79-200 to permit the use of Lands in accordance with the permitted uses and regulations contained in this by-law, subject to the removal of a holding (H) symbol (AM- 2023-013). 2025- 066. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Parking Meter Zones) 2025- 067. A by-law to establish Part 9 on Plan 59R-13279 as a public highway to be known as, and to form part of Dorchester Road. 2025- 068. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2025- 069. A by-law to repeal By-law No. 2023-037, in part, which provided for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan, and to repeal By-law No. 2023-078, which amended By-law No. 79-200 for the purpose of regulating the development of the McLeod Meadows Plan of Subdivision. 2025- 071. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking, Metered Parking Zones) 2025- 072. A by-law to establish a Municipal Accommodation Tax and repeal By-law No. 2025-009. 2025- 073. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 27th day of May, 2025. Page 19 of 35 Page 33 of 596 Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the by-laws be read a first, second and third time and passed. Carried (Councillor Patel was opposed to by-law 2025-062 & by-law 2025- 063 and declared a conflict to by-law 2025-064; Councillor Lococo was opposed to by-law 2025-069 and Councillor Dabrowski was opposed to by-law 2025-063 and Councillor Pietrangelo declared a conflict to by-law 2025-072). 17. ADJOURNMENT a) Adjournment Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg That Council ADJOURN the meeting at 10:39 PM. Carried Unanimously Mayor City Clerk Page 20 of 35 Page 34 of 596 1 Heather Ruzylo From: Mike Strange <mstrange@niagarafalls.ca> Sent: Friday, May 23, 2025 1:46 PM To: William Matson <billmatson@niagarafalls.ca> Subject: Notice of motion for parking pass to include Chippawa boat ramp for more than two hours for Niagara Falls residents Notice of Motion parking pass WHEREAS, the City of Niagara Falls Resident Convenience Parking Pass allows for two consecutive hours at on-street pay parking spaces, and WHEREAS, the purpose of the Resident Pass is to allow residents access to local amenities while enjoying them with their friends and families, and WHEREAS, the pass is not currently valid in municipal parking lots, and WHEREAS, providing an opportunity for residents to utilize this pass in a recreational parking lot like the Chippawa Boat Ramp Parking Lot will add value to residents, and WHEREAS, many other paid lots have more corporate users, like employees and staff using them for work, and WHEREAS, the Chippawa Boat Ramp parking lot is used primarily by boaters and families enjoying this park, dock and waterfront area, and to park while boating, and WHEREAS, a 2 hour time limit on the use of this lot for recreational purposes would impede the opportunity for residents to fully enjoy the benefits of parking in this lot, and WHEREAS, having one recreational parking lot included as a benefit to Resident Parking Pass holders increases value and makes the pass more desirable THEREFORE BE IT RESOLVED, that City Staff include residential use at the Chippawa Boat Ramp Park as part of the Resident Convenience Parking Pass, and allow a longer parking option for passholders there than the current 2-hour time limit the pass affords. Page 21 of 35 Page 35 of 596 1 Notice of Motion – Lines on Roads For Tuesday, May 27th, 2025 • Whereas, since governmental regulations changed, providing higher environmental standards on what paint can be used on roads, lines on roads don’t last long • Whereas, this change has meant that municipalities have to re-paint lines more often, sometimes several times per year to maintain visibility • Whereas, more painting means more trucks on the road, more staff time and more tax dollars • Whereas, faded or barely visible lines on the road are a hazard to drivers • Whereas, it’s extremely challenging to see during inclement weather conditions • Whereas, we shouldn’t have to wait for collision statistics to tell us what we already know- when lines vanish, danger increases • Whereas, The City of Ottawa has already taken the lead on this national concern for safety. Therefore be it resolved that staff come back with some options that meet environmental standards and keep drivers safe, while not re-painting lines several times per year. Page 22 of 35 Page 36 of 596 1 Heather Ruzylo Re: Bubble Zones WHEREAS, we need to protect the right of our residents to worship without threats of intimidation, and WHEREAS, City owned public spaces and spaces in the vicinity of faith-based cultural institutions including streets and sidewalks should feel safe and free from protestors, and WHEREAS, some protests invoke harassment and intimidation, and WHEREAS, those attending religious institutions should be able to do so in peace, and WHEREAS, the history of bubble zones goes back to 1995 where they were first adopted in British Columbia, and WHEREAS, causes that are of international concern are being taken up by local residents and visitors more often as issues on the world stage become increasingly pronounced, and WHEREAS, redirecting political protests away from innocent and vulnerable religious minorities and children will make sure that their rights are not impeded, THEREFORE BE IT RESOLVED, that City Council ask for a staƯ report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Page 23 of 35 Page 37 of 596 1 Heather Ruzylo As discussed last evening, I hereby give notice of my intention to bring forward the following motion at the next meeting of City Council: Whereas the brave men and women who have served in our armed forces have shown extraordinary courage, sacrifice, and commitment to protecting the freedoms and values we hold dear. And whereas it is our solemn duty as a community to honour and remember their service in ways that are both meaningful and enduring. Be it resolved that the Council direct staff to investigate and report on the feasibility, design, cost, and suitable and prominent locations for the installation of a Veteran Memorial Crosswalk or alternatives that may include, but are not limited to, public art, memorial gardens, interpretive displays, commemorative benches, or other creative installations that provide a heartfelt and lasting tribute to our veterans. . And be it finally resolved that the development and planning of these tributes be conducted in close collaboration and meaningful consultation with local legions and any other veterans’ associations. May this initiative serve not only as a symbol but as a lasting expression of our community’s deep appreciation for the sacrifices made by those who served, reminding all who see it of the price of our freedom and the courage of our veterans. Page 24 of 35 Page 38 of 596 COMMUNITY MEETING WHEREAS many communities are experiencing homelessness, addiction and mental health challenges; and WHEREAS these challenges are affecting residents and business owners; and WHEREAS the Niagara Region services the City of Niagara Falls with homelessness, addiction and mental health services; and WHEREAS Council receives many phone calls, emails and messages regarding the challenges with encampments, drug activity, safety, unwanted behaviours, garbage and crime; and WHEREAS Council and City staff, the Niagara Region staff, CORE Police Unit, Niagara Regional Police, Niagara Assertive Street Outreach and Gateway Residential & Community Support Services respond to the concerns of residents and business owners on a case-by-case basis. THEREFORE BE IT RESOLVED THAT the City of Niagara Falls arrange a community meeting to discuss the challenges, solutions and a plan to move forward to assist our community. This meeting could include the Niagara Region, Niagara Regional Police, Niagara Assertive Street Outreach, Gateway Residential & Community Support Services, and any other applicable agencies. Page 25 of 35 Page 39 of 596 TRAILER BY-LAW WHEREAS there are currently multiple City by-laws that address trailers and such as issues as: storage, location on property, size, number of days, etc; and WHEREAS the current by-laws do not address different types of trailers and use, such as recreation, utility, tool, haulage, etc; and WHEREAS some municipalities utilize towing the vehicle for non-compliance; and WHERAS the City is utilizing the AMPs system for other non-compliance situations; and THEREFORE BE IT RESOLVED THAT staff review: - the current by-laws that reference trailers to possibly consolidate them. - the ability to address different types of trailers and their uses. - the ability to tow trailers for non-compliance. - the ability to use AMPS for non-compliance. and report their findings to Council for their review. Page 26 of 35 Page 40 of 596 The City of Niagara Falls, Ontario Resolution May 27, 2025 No. 15 – Motion regarding Specialized Transit Moved by: Councillor Lori Lococo Seconded by: Councillor Victor Pietrangelo SPECIALIZED TRANSIT WHEREAS it has come to the Niagara Falls Accessibility Advisory Committee’s attention that specialized transit does not service Firemen’s Park; and WHEREAS in collaboration with Niagara Transit staff regarding this service and this motion, the Niagara Falls Accessibility Advisory Committee has approved the same; and WHEREAS the City of Niagara Falls owns Firemen’s Park; and WHEREAS many City events are held at Firemen's Park; and WHEREAS having uploaded service areas from the former operations of Niagara Falls Transit Services, Niagara Transit has not yet expanded service to provide microtransit (including specialized) service to areas outside the urban boundary, including important City locations such as Firemen’s Park; and WHEREAS the City of Niagara Falls is the only municipality in Niagara that has a conventional transit system where unserviced areas are not augmented with commingled microtransit transit service; and WHEREAS many events, including City of Niagara Falls events, take place at locations outside the urban boundary such as Firemen’s Park; and WHEREAS specialized transit, as a part of the commingled service in Niagara, aims to break down mobility barriers and create a truly connected Niagara for residents; and WHEREAS community connection is an important factor in both the physical and mental well-being of all residents, but especially those who are most vulnerable; and Page 27 of 35 Page 41 of 596 WHEREAS Niagara Transit is currently developing it’s first master plan; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls request that the Niagara Transit Commission consider, through the master plan and budget processes, adding the service areas not currently within the urban area boundary, but within the municipal boundary of Niagara Falls, to its service area for commingled microtransit; and That a copy of this resolution be forwarded to the Niagara Transit Board as correspondence. .AND The Seal of the Corporation to hereto affixed. Carried Unanimously WILLIAM G.MATSON JAMES M.DIODATI CITY CLERK Page 28 of 35 Page 42 of 596 1 Heather Ruzylo To:Mona Patel Subject:Notice of Motion - Request for Standard Reporting Timeline Options Notice of Motion: Request for Standard Reporting Timeline Options Title: Request for Staff to Provide Options for a Standard Reporting Timeline for Council-Directed Reports WHEREAS Council frequently requests reports from staff as part of its decision-making process. AND WHEREAS having a consistent and transparent approach to timelines for reporting back would support effective planning, communication, and accountability. AND WHEREAS it is important that any timeline framework be flexible and developed with input from staff, considering the nature of the request and the level of departmental involvement. THEREFORE, BE IT RESOLVED THAT Council kindly request that staff prepare a report outlining options and recommendations for a standard approach to timelines for responding to Council directions that require a report back. AND THAT the report include: Suggested standard timelines, including the consideration of a fixed 120-day or 150-day timeframe or a reasonable period based on the nature of the request and departmental involvement. A process for keeping Council informed when more time may be needed. Potential tools or practices for tracking and updating Council on the status of outstanding items. Page 29 of 35 Page 43 of 596 2 AND THAT staff be asked to bring this report forward within 5 months (154 days) or at the earliest reasonable opportunity thereafter, and to provide updates if more time is needed. Best regards, Mona Patel Niagara Falls City Council Get Outlook for iOS Page 30 of 35 Page 44 of 596 1 Heather Ruzylo Subject:Notice of Motion - Community and Stakeholder Meeting on Lundy’s Lane Planning Motion for Community and Stakeholder Meeting on Lundy’s Lane Planning WHEREAS motels along Lundy’s Lane have recently been converted into long-term bachelor apartments, shifting the corridor from short- term tourist accommodations to long-term residential use. WHEREAS this shift is significantly changing the area’s housing landscape, local economy, and the historic character of Lundy’s Lane. WHEREAS these changes may have lasting impacts—both positive and negative—on residents, local businesses, and the broader vision for the future of Lundy’s Lane. WHEREAS it is important to bring together those directly affected, including residents, business owners, City Council members, the Business Improvement Area (BIA), and city planners, to ensure that future development reflects the needs and interests of the whole community. NOW, THEREFORE, BE IT RESOLVED, that the City directs staff to organize a community and stakeholder planning meeting to openly discuss the impact of these changes and help shape a collective path forward for Lundy’s Lane. BE IT FURTHER RESOLVED that the meeting would bring together business owners, residents, City Council members, BIA representatives, and city planners to explore the following topics: The Impact of Motel Conversions: How the transformation of motels into long-term residential units is affecting housing, the tourism economy, and the overall character of the area. The Future Vision for Lundy’s Lane: Community input on how the area should evolve, with a focus on achieving a healthy balance between residential needs, tourism, and local economic vitality. Page 31 of 35 Page 45 of 596 2 Zoning and Land Use: Reviewing whether current zoning supports this evolving area and assessing whether updates are needed to manage future development responsibly. Affordable Housing: Discussing how to ensure a variety of housing options are available for future residents while maintaining the area’s mixed-use identity. Impact on Local Businesses from Land Use Changes: Understanding how the decline of tourist accommodations and the introduction of permanent residential units may affect foot traffic, customer base, and business sustainability along Lundy’s Lane. Understanding the Impact on Social Services: Exploring how increased residential density may place new demands on social services, and how to ensure that future residents have access to housing supports, reliable transportation, and community programs. Changing the Landscape of Historic Lundy’s Lane: Discussing how these changes may affect the historic character of Lundy’s Lane and what steps can be taken to preserve the area’s heritage while accommodating growth. BE IT FURTHER RESOLVED, that City staff will organize and facilitate the meeting, ensuring that all interested parties—including residents, business owners, City Council members, BIA representatives, and service providers—are invited to participate, helping to ensure that Lundy’s Lane remains a vibrant, livable, and sustainable part of the city. Page 32 of 35 Page 46 of 596 MOTION: Construction hole in Chippawa WHEREAS, residents of Chippawa have expressed concerns about the construction hole in the ground visible to visitors and residents as they enter the Village of Chippawa, and WHEREAS, this construction site has had no momentum on construction in a number of years and has become defunct, and WHEREAS, this is a safety and health concern for residents, and WHEREAS, this is a disgrace to our City and the entrance to the Village of Chippawa, and WHEREAS, this inoperative construction site, has become an attractor for garbage and debris, THEREFORE BE IT RESOLVED that City Council work with the property owners, utilizing penalties and financially punitive tools in order to address this unsightly hole, to enforce the erection of proper construction hoarding and to ensure property standards to be enforced. Page 33 of 35 Page 47 of 596 Motion: Beer and wine sales allowable times WHEREAS, Niagara Falls a destination City and one of the top visitor locations in Canada, and WHEREAS, travelers come to Niagara Falls from all over the world, and WHEREAS, visitors expect when they are here to be able to enjoy entertainment and alcoholic beverages throughout their stay, including into the evening, similar to other marquis destinations, and WHEREAS, visitors are only allowed to purchase alcohol, beer and wine in convenience stores, until 11PM, and WHEREAS, being able to purchase alcoholic beverages at convenience stores after 11PM through to 1AM would allow visitors a wider range of opportunity, THEREFORE BE IT RESOLVED that City Council enact a Bylaw allowing convenience stores to sell beer and wine until 1AM. Page 34 of 35 Page 48 of 596 Motion: CPR training for City Staff WHEREAS, recently there was a City staff member who saved a life as they were in the right place at the right time and had the appropriate CPR training to do so, and WHEREAS, City Staff are employed to help residents and if trained in CPR this would be one more way they could put this into practice, and WHEREAS, there are approximately 600 City Staff Members, and WHEREAS, the community could benefit from 600 trained people who could administer CPR, and WHEREAS, this is something that all City Staff could benefit from knowing, including City Council Members, and WHEREAS, having seen the positive impact of a trained volunteer City of Niagara Falls Firefighter saving a life, we acknowledge that there is much more opportunity to have all City Employees trained, THEREFORE BE IT RESOLVED that Staff create a program offering CPR training to all City Staff and Councillors. Page 35 of 35 Page 49 of 596 npei.ca @NPEIHydro @NPEIHydro Page 50 of 596 NPEI is an important part of our community’s history •Officially began in 1915 as Niagara Falls Hydro Commission in the City of Niagara Falls •On January 1, 2008, Niagara Falls Hydro and Peninsula West Utilities officially merged to become Niagara Peninsula Energy Inc. •Niagara Peninsula Energy Inc. is jointly owned by Niagara Falls Holding Corporation and Peninsula West Power Inc. Holding Corporation 2Page 51 of 596 NPEI is a vital public asset locally owned by its municipal shareholders 3Page 52 of 596 We proudly serve four municipalities in the Niagara Peninsula NPEI’s directors represent all municipalities within our service territory Board of Directors: •Rocky Vacca •Mike Strange •Victor Pietrangelo •Mayor Jim Diodati •Mike Rehner •Bob Hildebrandt •Lynn Timmers •Kevin Ker NPEI Service Territory NPEI Office and Service Centre 4Page 53 of 596 2024 OEB Distributors Scorecard •NPEI has exceeded all OEB targets in nearly all performance categories over the past five years •NPEI also scored highly in all other metrics, including on cost controls and financial management Performance Category Measure OEB Target NPEI 2024 Score Service Quality New residential/small business services connected on time 90%95.42% Service Quality Scheduled appointments met on time 90%100% Service Quality Telephone calls answered on time 65%81.54% Customer Satisfaction Billing accuracy 98%99.93% Safety Level of compliance with Ontario Regulation 22/04 C C System Reliability Average number of hours that power to a customer is interrupted <1.81 1.65 System Reliability Average number of times that power to a customer is interrupted <1.64 1.05 Connecting Renewables New micro-embedded generation facilities connected on time 90%100% ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ NPEI is a high-performing LDC with OEB scores that annually exceed larger LDCs and industry targets 5Page 54 of 596 NPEI continues to invest in critical infrastructure that powers our communities 25,000 53,483 Residential customers 5,529 Commercial customers 25,000 Poles owned 4,600 Circuit km of line 10,745 Transformers By the numbers: 6Page 55 of 596 Video: Understanding your Electricity Bill: Where Does Your Money Go? 7Page 56 of 596 100% of NPEI’s capital investments stay within our community •In 2024, NPEI invested over $15.9 million to various capital projects within NPEI’s Service Territories. •Total capital expenditures were $87.6M from 2020 to 2024 •Some of our projects include: Customer system access, municipal line relocation and new subdivisions, distribution station rebuild and overhead rebuilds, system renewals for poles, transformers, kiosks switchgears and meters. •These types of investments are vital to maintain a safe and reliable source of energy in our growing service territories. These investments allow our communities to grow by supporting projects such as new transformer stations, subdivisions, businesses, schools, and the new South Niagara Hospital. Year Total Gross Capital Expenditures 2024 2023 2022 2021 2020 15,877,220 18,893,460 16,440,064 19,575,439 16,635,922 Total in Past 5 Years 87,622,105 8Page 57 of 596 2025 Niagara Falls Projects 9 •Kalar Feed to Hospital – Phase IV - $ 3,500,000 •Chippawa Parkway Extension - $ 750,000 •Lundy’s Lane Rebuild Garner Road to Thorold Townline Road - $ 1,000,000 •3G to 4G Meter Replacement - $ 750,000 •Pole Replacement Program– 50 poles - $ 500,000 •KIOSK Replacement Program - $ 135,000 •New Subdivision Connections - $ 300,000 •Customer System Access Demand - $ 2,000,000 •Subdivision Underground Rehabilitation Program - $ 150,000 •Padmount Replacement Program - $200,000 •Grid Modernization - $125,000 Overall investment and benefits – $9,410,000 Page 58 of 596 NPEI App 10 The NPEI App provides customers with 24/7 access to their NPEI account including their real-time electricity usage, account balance, billing history and more! The mobile app allows customers to: • Check their account balance • View their energy usage • Make a payment • Compare pricing plans • Sign up for notifications Page 59 of 596 NPEI supports the local charities that matter most to our employees •In 2024, NPEI contributed over $290,000 to the community through charitable contributions, optional employee payroll deductions, event sponsorships, scholarships, and our Low Energy Assistance program. •NPEI employees select the e-bill campaign charity in a company-wide poll. •NPEI’s Winter 2024 e-bill campaign raised $17,540 for local food banks. •NPEI’s Fall 2024 e-bill campaign surpassed its $5,000 goal and raised $43,870 for our local Humane Society. •NPEI’s employees launched a Coat Drive for Birchway Niagara in November, and a Toy Drive for Dalton’s Wishes in December 11Page 60 of 596 NPEI is a community-minded organization that values giving back to the localities that we serve •NPEI participates in Chamber of Commerce events throughout our service territory, supporting local businesses and promoting collaboration within our communities. •NPEI employees hold fundraisers and make donations to support local foundations such as United Way. •Every year through our Local Scholarship Program we provide $1,500 to 10 students to continue their education in Electrical Engineering, Powerline Technician, and related business studies. •The NPEI Kids’ Safety Poster Contest began during the COVID-19 pandemic to engage students about the importance of electrical safety. The contest is run every spring with a new safety theme. Niagara Falls Mother Earth Day Chamber Business Awards 12Page 61 of 596 Video: Supporting Our Communities - How Do We Help? 13Page 62 of 596 Staying ahead of our risks and opportunities NPEI is always evaluating its future opportunities and risks. Our strength lies in our strategic foresight and operational agility—ensuring we meet today’s demands while remaining prepared for tomorrow’s challenges. •Tariff and Export Uncertainty •Cyber threats Risks Opportunities •Electrification and Load Growth •LDC M&A Activity•OEB Regulatory Shifts •Federal and Provincial Energy Policy 14Page 63 of 596 Thank You! npei.ca @NPEIHydro @NPEIHydro 15Page 64 of 596 1 Heather Ruzylo From: Mel Ertemiz < Sent: Tuesday, June 3, 2025 12:40 PM To: William Matson <billmatson@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Debra Jones <debrajones@niagarafalls.ca> Subject: Re: [EXTERNAL]-Urgent matter Dear Council Members, I am writing as a dedicated small business owner operating a year-round business in Niagara Falls. My business contributes to the local economy through high commercial taxes, significant rental obligations, and the employment of several staff members. I would like to respectfully bring to your attention a growing concern that directly impacts the sustainability of businesses like mine. Currently, the municipal bylaw allows seasonal street vendors to operate directly adjacent to established brick-and-mortar businesses—offering the same products or services. This situation presents a clear and serious issue of unfair competition. These vendors capitalize on the peak summer season without bearing the financial burdens we carry throughout the year. Unlike established businesses, they do not pay the same level of taxes, rent, or employee wages, yet they are permitted to set up shop in immediate proximity, undermining the hard- earned customer base and revenue of permanent establishments. The city’s existing regulations rightly prevent food trucks from setting up near full-service restaurants. A similar amendment is urgently needed to address this inconsistency and to ensure fairness across all sectors. I respectfully request that an amendment be added to the bylaw to prevent seasonal street vendors from operating directly beside permanent businesses offering the same goods or services. With the upcoming City Council meeting scheduled for June 17, 2025, I trust that you will give this matter the serious consideration it deserves. Protecting Niagara Falls’ core businesses is essential to maintaining a strong local economy and sustaining jobs year-round. Thank you for your time and attention. I have full confidence that the Council will act fairly and in the best interest of the city’s established business community. Yours Truly Mel Ertemiz Grand Bazaar Niagara 5851 Victoria Ave. Niagara Falls, ON Phone: Page 65 of 596 2 Sent from Mel Ertemiz's mobile network. From: William Matson <billmatson@niagarafalls.ca> Sent: Monday, June 2, 2025 12:42:34 PM To: Mel Ertemiz < Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Debra Jones <debrajones@niagarafalls.ca> Subject: RE: [EXTERNAL]-Urgent matter Mel, I have received your email and just wanted to comment on a couple of things. Firstly, we are not referring to a City policy here. The business licence that the seasonal vender has been granted is by way of the Seasonal Business Licensing Bylaw that has been approved by City Council. The applicant has met the criteria set out in that bylaw that was created and passed back in 2007. This type of licence is specific to the area of Victoria Avenue and Clifton Hill. City Staff do not have the discretion to withhold a licence based on the fact that the vender sells similar products to those sold by other retailers. I can appreciate your concerns but unless City Council directs staff to amend the bylaw, staff would not be in any position to revoke the licence. I can list your correspondence (email) on the next Council meeting agenda (June 17) for Council’s consideration. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Mel Ertemiz < Sent: Sunday, June 1, 2025 12:37 PM To: William Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Urgent matter Dear Matson, I am writing as a concerned local business owner to formally express my deep frustration and concern regarding the City’s current policy that allows street vendors to operate mere inches away— approximately four inches—from established, year-round brick-and-mortar businesses such as ours. These street vendors, selling the exact same products and services as we do, are allowed to operate just steps from our door, directly undermining our business and threatening our ability to sustain operations. Our brick-and-mortar business has been serving the community year-round, paying substantial rent, property taxes, and contributing to the economic vibrancy of the city’s core. We operate in good faith under the expectation that the City of Niagara Falls supports and protects its main street and core businesses, particularly those who invest long-term in the community. However, by permitting seasonal vendors—who only operate during the peak summer months when foot traffic is highest—to set up shop right next to us, the City is effectively jeopardizing the very businesses that help sustain the local economy throughout the year. These seasonal vendors, who pay minimal overhead and are not subjected to the same year-round costs and responsibilities as we are, are able to undercut established businesses and siphon off the "big pie" Page 66 of 596 3 during the crucial summer season. The impact on our business is significant: reduced revenue, loss of loyal customers, and an overall sense of unfair competition fostered by City policy. Therefore, I respectfully request that the City Council review and revoke the license of vendors who are permitted to sell the same products and services as nearby brick-and-mortar businesses. There must be clear boundaries and protections in place to ensure that the core businesses of Niagara Falls, who invest in the community year-round, are not harmed by short-term, opportunistic vendors who contribute little to the long-term health of our local economy. I trust that you will take this matter seriously and consider the long-term implications of your licensing policies on Niagara Falls’ business community. I am available to discuss this further and would appreciate the opportunity to provide input on potential policy solutions. Thank you for your attention to this critical issue. I look forward to your prompt response. Sincerely, Mel Ertemiz, sales manager Grand Bazaar Niagara 5851 Victoria Avenue Niagara Falls, ON Sent from Mel Ertemiz's mobile network. 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 67 of 596 MW-2025-17 Engineering Report Report to: Mayor and Council Date: June 17, 2025 Title: Levels of Service Asset Management Plan 2025 Recommendation(s) 1. That Council APPROVE the City's Levels of Service Asset Management Plan prepared in accordance with Ontario Regulation 588/17; 2. That Council RECEIVE the tax-supported financial information of the Plan that identifies a funding gap of $302.2 million over the next ten years comprised of $164.2 million to meet proposed service levels, and $138.0 million for service level enhancements and strategic investments; 3. That Council RECEIVE the rate-supported (water/wastewater) financial information of the Plan that identifies a funding gap of $58 million over the next ten years to support growth and meet service level targets; 4. That Council DIRECT Staff to make the Plan publicly available on the City's website before the July 1, 2025 deadline; 5. That Council DIRECT Staff to submit the Plan to the Ministry of Municipal Affairs and Housing before the July 1, 2025 deadline; and, 6. That Council DIRECT Staff to incorporate recommendations of the Asset Management Plan including the financing strategy, development of a 10-year capital budget, preferred levels of service, utilization of risk-based prioritization, and increase of asset condition knowledge into the 2026 capital budget process. Executive Summary The City of Niagara Falls has prepared this report as an amendment to the City's existing 2022 Core and 2024 Non-Core Asset Management Plans to meet Ontario Regulation 588/17, Section 6 requirements while advancing its commitment to sustainable infrastructure stewardship. Building on the foundation of the 2022 Core and 2024 Non-Core AMPS this report establishes proposed levels of service, comprehensive lifecycle management strategies, and updated financial plans to support reliable, community-focused municipal services. Page 1 of 38 Page 68 of 596 The City has undertaken a comprehensive review of asset lifecycle cost requirements historic funding, current funding and average re-investment levels and developed a financial strategy including a 10-year investment program totaling $888.0 million for tax- supported services and $329.4 million for rate-supported services, requiring strategic funding approaches to achieve proposed levels of service while maintaining fiscal sustainability. The financial strategy incorporated complete lifecycle costs across all activity categories: Asset Lifecycle Activity Cost Summary (10 Years, Million $) Lifecycle Activity Tax-Supported Services Rate-Supported Services Operations & and Maintenance $302.1 $112.4 Capital Repair & Replacement (Current LOS) $348.0 $145.2 Capital Proposed LOS $20.6 $0.5 Growth Activities $75.0 $71.2 Non- Infrastructure Solutions $4.3 $0.1 Total $750.0 $271.4 Tax-Supported Services The 10-year projected lifecycle cost for tax-supported assets to meet proposed levels of service and fund strategic investments is $302.2 million over the 10-year period. Based on historic revenue trends to close the funding gap over the 10-year period the City would have to introduce a dedicated annual capital infrastructure levy of 4.5%. Tax-supported funding must address proposed levels of service and state of good repair programs as well as fund strategic investments identified by the City. As such these programs were assessed separately and the projected funding shortfalls are as follows: Program Area Estimated Lifecycle Requirements (10 Year – Millions$) Estimated Revenue (10 Year – Millions$) Funding Gap (10 Year – Millions$) Estimated Annual Capital Levy Requirement AM & Proposed LOS $750 $585.8 $164.2 Million 2.75% Strategic Investments $138 $- $138.0 Million 1.75% Total $888 $585.5 $302.2 4.50% Should the City wish to close this gap over a 10-year period, an increase in annual revenues of 4.5% of the annual levy is required each year. Rate-Supported Services The 10-year projected lifecycle cost is $329.4 million, while projected revenues are $271.4 million, resulting in a funding gap of $58.0 million. While it is acknowledged that Page 2 of 38 Page 69 of 596 utility rates would need to increase to fund the shortfall, the systems are maintained to provide safe and clean drinking water, and the systems are operated on a cost recovery basis. Although the program is showing a gap the City will continue to undertake regular reviews of its water and wastewater rates including the completion of long-range financial plans every 5 years to ensure the proposed level of service are met and the funding gap is closed over the planning horizon. Program Area Estimated Lifecycle Requirements (10 Year) Estimated Revenue (10 Year) Funding Gap (10 Year) Equivalent Rate Increase Asset Management $329.4 $271.4 $58 Million 9% Total $329.4 $271.4 $58 Million 9% Recommended Funding Strategy To address the tax-supported infrastructure gap, the City has two primary options: Tax Option 1 – Achieve Proposed LOS through the implementation of a 2.75% annual dedicated levy increase to close the full 10-year $164.2 million gap. Tax Option 2 – Achieve Proposed LOS + Strategic Investments requires a 4.5% annual dedicated levy increase to close the full 10-year $302.2 million gap. Rate Funding - Although a funding gap exists on the rate side it is largely related to funding the non-growth share of the development-related infrastructure program in the City’s Development Charges program. As such the perceived gap will be addressed in future City long-range capital forecasts for rate utilities; although it ‘s estimated that to close the gap today a 9% rate increase would be required. The recommended approach supports Option 1, implementing an annual 2.75 % dedicated levy (or equivalent revenue increases) to achieve community-prioritized levels of service improvements, particularly in road infrastructure condition and maintenance. Background Per provincial legislation under Ontario Reg 588/17, Asset Management Planning for Municipal Infrastructure the City of Niagara Falls shall complete the following activities: Develop a Strategic Asset Management Policy by July 1, 2019 (complete) Develop an AMP for Core Infrastructure that includes current Levels of Service (LOS) and costs to sustain current LOS provided by the water, wastewater, stormwater, road, and bridge assets by July 1, 2022 (complete) Develop an AMP for Non-Core Infrastructure that includes current Levels of Service (LOS) and costs to sustain current LOS provided by the remaining City assets by July 1, 2024 Page 3 of 38 Page 70 of 596 Develop AMP that documents proposed LOS, costs to achieve proposed LOS, and the financial strategy to fund these expenditures by July 1, 2025 Every municipality shall review and update its asset management plan at least 5 (five) years after the year in which the plan is completed Every AM Plan prepared under O.Reg 588/17 must be endorsed by the executive lead of the municipality and approved by a resolution passed by municipal council Every municipality shall conduct an annual review of its asset management progress on or before July 1 in each year, starting the year after the municipalities AM Plan is completed Every municipality shall post its current strategic asset management policy and asset management plan on a website that is available to the public, and shall provide a copy of the policy and plan to any person who requests it In 2022 staff brought forward the City's Core Asset Management Plan (AMP) for its Roads, Bridges, Culverts, Water, Sanitary and Stormwater assets The 2024 AM Plan which was endorsed by Council in 2024 via report 2024-26 described the actions required to manage the City’s non-core portfolio of assets in a way that supports established service levels, while managing risks and costs. The 2024 AMP focuses on the 10-year period from 2024-2034 and provides a framework for continuously improving the City’s AM practices. The Levels of Service AMP and Financial strategy plan documents proposed Levels of Service, costs to achieve proposed LOS, and the financial strategy to fund these expenditures is required to be completed and submitted to the Ministry of Infrastructure by July 1, 2025. Through an extensive community engagement program involving city-wide survey responses and multiple public consultation events, the City identified transportation infrastructure as the top priority for residents, with 69% indicating paved roads need improvement. The engagement revealed strong community support for measured investment, with 62% of respondents willing to support increased funding for core infrastructure services. Feedback from the community was used to inform current and proposed service levels which were assessed to determine the anticipated cost to the City and its residents to deliver proposed service level increases. Upon determination of the total lifecycle cost requirements related to maintaining and/or increasing proposed levels of service, a review of historic revenues was completed to determine affordability levels in both the tax and rate programs. Analysis Needs Analysis A comprehensive review was conducted to determine asset lifecycle financial requirements for both rate and tax-supported assets. It’s estimated that over the next Page 4 of 38 Page 71 of 596 10-years the City is expected to fund significant asset lifecycle requirement needs through the development of the Core AMP, Non-Core AMP, LOS AMP, and capital budget and forecasting development. Lifecycle Activity Tax-Supported Assets (Million $) Rate-Supported Assets (Million $) Operations & Maintenance $302.1 $112.4 Capital Repair & Replacement- Current LOS $348.0 $145.2 Non-Infrastructure Solutions $4.3 $0.1 Growth & Expansion $75 $71.2 Total to Maintain Current LOS $729.4 $328.9 Add: Proposed LOS Activities $20.6 $0.5 Total $750 $329.4 The financial analysis demonstrates that by discounting strategic investments the City can achieve the proposed levels of service with a tax program funded at $750 million over 10 years or an estimated $75 million per year. Based on historic funding levels this would present a 10-year infrastructure gap of approximately $164.2 million, or a 2.75% levy increase annually. Incorporating strategic investment estimates the City can achieve this program funded at $138 million over 10 years or $13.8 million per year with the addition of a 1.75% dedicated capital level. To fund both the asset management and strategic investment activities its estimated that over a 10-year period the City would need to increase its tax revenue by $302.2 million or the introduction of an annual capital levy contribution of 4.5%. Tax Program Area Estimated Lifecycle Requirements (10 Year) Estimated Revenue (10 Year) Funding Gap (10 Year) Annual Capital Levy Requirement AM & Proposed LOS $750 $585.8 $164.2 Million 2.75% Strategic Investments $138 $- $138.0 Million 1.75% Page 5 of 38 Page 72 of 596 Total $888 $585.5 $302.2 Million 4.50% It’s estimated that to achieve proposed levels of service on in the rate program the City would need to budget $329.4 million over 10 years. The City currently budgets $271.4 million over 10 years but would need to increase this by $58 million over 10 years or by approximately 2% annually. Rate Program Area Estimated Lifecycle Requirements (10 Year) Estimated Revenue (10 Year) Funding Gap (10 Year) Equivalent Rate Increase Asset Management $329.4 $271.4 $58 Million 9% Total $329.4 $271.4 $58 Million 9% The lifecycle strategy also includes an analysis of projected revenues expected to be realized based on historic funding levels over the last 5 years. On average the City receives $58.58 million in annual revenue or $585.8 million over the 10-year planning horizon through taxes which is directed to funding capital re- investment, operating, and maintenance activities on the City's core assets such as roads, bridges, transportation, and facilities. The following diagram illustrates that the City has a 10-year $164.2 million funding gap to address proposed levels of service for tax- supported assets– this equates to a 2.75% dedicated capital levy contribution annually. To fund the City’s strategic projects requires an additional $138 million over the 10 years or 1.75% dedicated capital levy contribution. To fund both programs requires an additional $302.0 million over the 10 years which can be achieved via a 4.5% dedicated capital levy annually for the next 10 years. Page 6 of 38 Page 73 of 596 A review of the expenditures or needs required to support fully lifecycle activities for rate-supported assets such as water, and sanitary infrastructure revealed that on average the City should be re-investing almost $330 million annually. Based on historic revenue patterns the City collects approximately $271.4 million annually through water and tax rates to fund lifecycle activities. This results in an estimated gap of $58.0 million over the next ten years. In order to help address the funding gap it would be required to implement a one-time utility rate increase of 9% or 2% per year for 10 years. The City will continue to undertake regular reviews of its water and wastewater rates including the completion of long-range financial plans every 5 years to ensure the proposed level of service are met and the funding gap is closed over the planning horizon. The figure below outlines the rate-supported funding summary. Page 7 of 38 Page 74 of 596 Revenue Diversification The base financial strategy leverages multiple funding sources totaling $585.8 million over 10 years. The base model assumes no further increases to the existing dedicated infrastructure levy. $99.9 million from capital special purpose reserves (via tax levy) $60.8 million from reserve funds including a portion of OLG revenues $31.9 million from Canada Community Building Fund (CCBF) $66.3 million from debt capacity as existing obligations mature $302.1 million from operating budget allocations for O&M (tax supported) $24.8 million from existing capital reserve funds for asset management and OCIF allocations. In order to increase revenues and fund the required expenditures, the Transfer to Capital Special Purpose Reserve and Reserve Funds will need to grow through annual tax supported increases, with base contributions totaling $15.6 million in 2025 and raising incrementally in order to close the gap over the period. The following graph illustrated the annual 10-year projected total revenues including transfers from operating. Page 8 of 38 Page 75 of 596 To enhance long-term financial sustainability, the strategy recommends: Continued pursuit of federal and provincial grant opportunities Enhanced data quality to optimize investment prioritization. Risk-based asset management to focus resources on highest-impact interventions. Potential public-private partnerships for major infrastructure initiatives Coordinated project delivery with Niagara Region to achieve economies of scale. This comprehensive financial strategy positions the City to deliver enhanced infrastructure performance, ensuring sustainable service delivery for current and future residents. This information emphasizes the need for the City to continue the utilization of existing funding program to maintain existing service levels over the long-term. As the City's asset management program continues to mature it is expected that the cost analysis can be improved to better reflect asset risk, levels of service and a more fulsome understanding of the condition of the City's infrastructure. The table below outlines various strategies available to the City to help close the infrastructure gap. Strategy Approach Maintain an Infrastructure Levy To continue bridging the funding gap and improve financial sustainability, the existing infrastructure levy dedicated towards asset management should be maintained and increased moving Page 9 of 38 Page 76 of 596 Strategy Approach forward. Improved Data Quality As the City matures its asset management practices, improving data quality across service areas will help to achieve a proper assessment of the condition of assets. Furthermore, some assets may be assessed on an age-based approach that does not necessarily reflect the actual condition of the asset. Improved lifecycle cost data will facilitate evidence- based decision making and support in achieving lowest lifecycle costing through prioritization of repair and replacement activities. Levels of Service Measures As part of the AMP, levels of services measures by service area have been established. Tracking LOS measures may identify areas where funding needs could be recalibrated based on performance. Assessing Risk Tolerance Level The City can consider a standardized risk framework for different asset classes. Further detailed risk analysis including defining risk tolerance level for individual asset classes will help to further refine prioritization of the investment needs and levels of service. Although not always desirable, it may be possible to accept a higher degree of asset risk at the City to help lower ongoing asset costs. An example may less frequent inspection of assets with lower criticality. Seek Funding Support from Upper Levels of Government The City of Niagara Falls is demonstrating a significant commitment to asset management and developing a set of renewal practices to ensure that services are delivered in the most cost-efficient manner. Despite the efforts, upper level of government support is required to supplement the City’s practices to balance affordability. For long-term financial planning and accurately assessing the infrastructure gap, it is equally important that upper-level government funding is stable and predictable. Explore Public Private Partnership opportunities (P3) Through P3s, the City can access additional funding, share project risks, and introduce innovative financing structures. Private sector involvement also brings efficiency, innovation, and lifecycle management to infrastructure projects, while facilitating the transfer of expertise to the City Continued Project Co-ordination with Niagara Region In exploring opportunities with the Region, overall cost efficiencies may be achieved during linear asset rehabilitation and replacement (e.g. storm sewers, roads, bridges, culverts, water, wastewater) by better aligning capital ventures Implementation Plan and Continuous Improvement Page 10 of 38 Page 77 of 596 The City of Niagara Falls remains committed to advancing and refining its asset management practices through a structured and forward-thinking continuous improvement approach. Building on the foundation established in the 2022 and 2024 Asset Management Plans, the City continues to strengthen its capacity to deliver sustainable services, optimize infrastructure investments, and meet regulatory obligations under Ontario Regulation 588/17. Key Initiatives for Ongoing Enhancement Data Quality, Integration, and Accessibility - Improving asset data remains a central priority. The City will continue enhancing its asset inventories, condition assessment programs, and data governance protocols to ensure consistent and accurate information is available across departments. Integration of GIS, financial, and work order systems will further support real-time decision-making and cross-functional planning. Risk-Based Decision-Making - The City is committed to embedding formalized risk evaluation methods into capital and maintenance planning. Prioritizing assets based on the likelihood and consequence of failure will help ensure investments are directed where they have the greatest impact on service continuity and public safety. Lifecycle Costing and Optimization - Building upon lifecycle strategies developed in previous plans, the City will continue evaluating the total cost of ownership for key asset classes. This includes optimizing maintenance, renewal, and replacement strategies to maximize value for money and improve long-term asset performance. Adaptation to Climate Risk and Sustainability - The City recognizes the importance of building resilience to climate change and extreme weather events. Wherever possible through good engineering practices the City will ensure that its infrastructure is resilient to potential impacts to climate change through performance studies such as Master Servicing Plans. Future efforts will focus on integrating environmental risk assessments into asset planning and identifying opportunities to support sustainable infrastructure design and operation Performance Management and LOS Metrics - As part of this Asset Management Plan, the City has identified a number of proposed future level of service metrics that require new or improved data sources. Over time, the City will work toward collecting and validating this data, with the goal of progressively reporting on these enhanced performance measures. This will be an ongoing initiative involving annual reviews of LOS indicators, data quality, and alignment with community expectations and operational realities. Public and Stakeholder Engagement - Building on the City’s strong track record of public consultation, including two rounds of engagement for the 2025 AMP, the City will continue to engage residents and stakeholders in shaping service levels and investment priorities. Transparency and communication will remain key pillars of Niagara Falls’ asset management approach. Page 11 of 38 Page 78 of 596 Regulatory Alignment and Best Practices - The City will continue to ensure full compliance with O. Reg. 588/17 while remaining responsive to updates from the Province and emerging industry best practices. Updates to internal policies, templates, and workflows will be informed by evolving standards, lessons learned, and organizational feedback. Addressing the GAP To close the infrastructure gap the City has several financial “levers” that can be used to control or reduce expenses and/or to increase revenue. Control / Reduce Expenses Reduction in Service Levels Increase in acceptable risk tolerance Divest of City assets Continue to implement rehabilitation technologies to extend the life of the asset (e.g.. Sewer main lining program) Increase Revenue Dedicated capital levy Utility Rate Increases Under Fee Increases Continue to explore grant opportunities and opportunities to partner Optimize investment revenue Next Steps 1. That the City endorses the City's Levels of Service AMP prepared in accordance with Ontario Regulation 588/17 2. That the City makes the Plan publicly available on the City's website before the July 1, 2025, deadline. 3. That the City submit the Plan to the Ministry of Municipal Affairs and Housing before the July 1, 2025, deadline. 4. That the City incorporate the recommendations of the AMP LOS financial strategy into the 2026 Budget process Staff will work to incorporate the recommendations of the LOS AMP into the City’s budget the Through strategy. forecasting process long-range and financial implementation and roll-out of a risk-based, capital project prioritization framework and multi-year funding plan the City is strengthening its ability to deliver reliable, affordable, and sustainable services Operational Implications and Risk Analysis Bringing forward the 2025 Levels of Service Asset Management Plan for all City Assets does not have any direct operational implications at this time although it is strongly recommended that the results of the financial analysis are used to inform the 2026 Page 12 of 38 Page 79 of 596 budget process and that a 10-year financial strategy be developed to inform long-range financial planning. Asset Management reporting requirements must become an annual activity that must be documented and communicated to City Council and members of the public. Asset Management staff in conjunction with Finance staff will be responsible for bringing this report to council annually on or before July 1 starting in 2026. O. Reg 588/17 states that every municipality shall conduct an annual review of its asset management progress on or before July 1 in each year, starting the year after the municipalities AM Plan is completed. Every municipality shall post its current strategic asset management policy and asset management plan on a website that is available to the public and shall provide a copy of the policy and plan to any person who requests it. The City's Core and Non-Core Asset Management plans have been submitted to the Ministry of Infrastructure and are available on the City's website. Financial Implications/Budget Impact The City will need to invest in a tool for the ongoing monitoring, tracking and reporting on asset-related service level delivery key performance indicators in order to facilitate the annual review of the City's asset management progress. Better financial tools should be used to allow the City to more accurately track, report, and predict full lifecycle costs. With the 2025 implementation of the City's new ERP system this financial tracking should be improved. Strategic/Departmental Alignment The Levels of Service Asset Management Plan and Financial strategy align with the City's Strategic Plan (2023-2027); specifically the following priorities: 1. Sustainability (Financial & Environmental): promotes efficient resource allocation, mitigating risks, optimizing asset performance, facilitating data-informed decision- making, and fostering long-term planning for infrastructure sustainability. 2. Economic Diversification & Growth: supports key economic sectors and fosters growth by promoting operational efficiencies, improving quality of life, and enhancing strategic infrastructure development within the community. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 13 of 38 Page 80 of 596 Sustainability - Environmental Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. List of Attachments Attachment 1_Niagara Falls 2025 LOS AMP_Final Report_2025-06-11_Executive Summary Attachment 2_AMP LOS Final Report Hyperlink Written by: Tara Gudgeon, Infrastructure Asset Manager Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 11 Jun 2025 Jason Burgess, CAO Approved - 12 Jun 2025 Page 14 of 38 Page 81 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 1 Asset Management Planning – Levels of Service Setting and Financial Plan Final Report (Executive Summary) City of Niagara Falls Project Number: 24003 Date: June 11, 2025 Page 15 of 38 Page 82 of 596 Asset Management Planning – Levels of Service and Financial Plan | Final Report (Executive Summary) ENDORSEMENT PAGE Endorsement This document entitled City of Niagara Falls Asset Management Planning – Levels of Service Setting and Financial Plan Final Report has been developed to meet the requirements set forth in Ontario Legislation O.Reg 588/17: Asset Management Planning for Municipal Infrastructure. I, Jason Burgess endorse the City of Niagara Falls Asset Management Planning – Levels of Service Setting and Financial Plan Final Report prepared by City StaƯ and Aspire Consulting Group Ltd. As Chief Administrative OƯicer of the City of Niagara Falls, I acknowledge the accuracy and significance of the findings presented in this document. Signature: ____________________________________________________ Jason Burgess, CAO City of Niagara Falls Date: _____________________________________________________ Page 16 of 38 Page 83 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | i Statement of Qualifications and Limitations The attached Report (the “Report”) has been prepared by Aspire Consulting Group Ltd. (“Consultant”) for the benefit of the client (“Client”) in accordance with the agreement between Consultant and Client, including the scope of work detailed therein (the “Agreement”). The information, data, recommendations and conclusions contained in the Report (collectively, the “Information”): is subject to the scope, schedule, and other constraints and limitations in the Agreement and the qualifications contained in the Report (the “Limitations”); represents Consultant’s professional judgement in light of the Limitations and industry standards for the preparation of similar reports; may be based on information provided to Consultant which has not been independently verified; has not been updated since the date of issuance of the Report and its accuracy is limited to the time period and circumstances in which it was collected, processed, made or issued; must be read as a whole and sections thereof should not be read out of such context; was prepared for the specific purposes described in the Report and the Agreement; and in the case of subsurface, environmental or geotechnical conditions, may be based on limited testing and on the assumption that such conditions are uniform and not variable either geographically or over time. Consultant shall be entitled to rely upon the accuracy and completeness of information that was provided to it and has no obligation to update such information. Consultant accepts no responsibility for any events or circumstances that may have occurred since the date on which the Report was prepared and, in the case of subsurface, environmental or geotechnical conditions, is not responsible for any variability in such conditions, geographically or over time. Consultant agrees that the Report represents its professional judgement as described above and that the Information has been prepared for the specific purpose and use described in the Report and the Agreement, but Consultant makes no other representations, or any guarantees or warranties whatsoever, whether express or implied, with respect to the Report, the Information or any part thereof. Without in any way limiting the generality of the foregoing, any estimates or opinions regarding probable construction costs or construction schedule provided by Consultant represent Consultant’s professional judgement in light of its experience and the knowledge and information available to it at the time of preparation. Since Consultant has no control over market or economic conditions, prices for construction labour, equipment or materials or bidding procedures, Consultant, its directors, officers and employees are not able to, nor do they, make any representations, warranties or guarantees whatsoever, whether express or implied, with respect to such estimates or opinions, or their variance from actual construction costs or schedules, and accept no responsibility for any loss or damage arising therefrom or in any way related thereto. Persons relying on such estimates or opinions do so at their own risk. Except (1) as agreed to in writing by Consultant and Client; (2) as required by-law; or (3) to the extent used by governmental reviewing agencies for the purpose of obtaining permits or approvals, the Report and the Information may be used and relied upon only by Client. Consultant accepts no responsibility, and denies any liability whatsoever, to parties other than Client who may obtain access to the Report or the Information for any injury, loss or damage suffered by such parties arising from their use of, reliance upon, or decisions or actions based on the Report or any of the Information (“improper use of the Report”), except to the extent those parties have obtained the prior written consent of Consultant to use and rely upon the Report and the Information. Any injury, loss or damages arising from improper use of the Report shall be borne by the party making such use. This Statement of Qualifications and Limitations is attached to and forms part of the Report and any use of the Report is subject to the terms hereof. Page 17 of 38 Page 84 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | ii June 11, 2025 File No.: 24003 Attention: Tara Gudgeon Senior Manager Asset Management Municipal Works City of Niagara Falls RE: Asset Management Planning – Levels of Service Setting and Financial Plan: Project Final Report Dear Tara: Aspire Consulting Group Ltd. is pleased to submit this final report for the City’s 2025 Asset Management Planning – Levels of Service Setting and Financial Plan in compliance with Section 6 of O.Reg. 588/17. Should you have any questions regarding the information provided; we would be happy to discuss the memorandum with you at your convenience. Aspire Consulting Group Ltd. Amanda Beattie, P.Eng., P.Geo., CRL, CMRP, AMP, PMP Daryush Esmaili, MBA, P.Eng, AMP, CRL, CAMA, PMP Amanda.Beattie@aspireconsulting.ca Daryush.Esmaili@aspireconsulting.ca Page 18 of 38 Page 85 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | iii Revision Log Revision # Revised By Date Issue / Revision Description 0 Tara Gudgeon June 11, 2025 Report edits. Signatures Report Prepared By: Name: Amanda Beattie Title: President Name: Daryush Esmaili Title: Vice-President Report Reviewed By: Name: Simon Lau Title: Vice-President Page 19 of 38 Page 86 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | iv Table of Contents Statement of Qualifications and Limitations Letter of Transmittal Executive Summary .............................................................................................................................................................................. 1 ES.1 Overview ......................................................................................................................................................................................... 1 ES.2 Report Objectives..................................................................................................................................................................... 11 ES.3 Levels of Service ....................................................................................................................................................................... 11 ES.4 Lifecycle Management Strategy ......................................................................................................................................... 13 ES.5 Financial Strategy ..................................................................................................................................................................... 14 ES.6 Recommendations ................................................................................................................................................................... 17 List of Figures Figure ES-1: Identified Need for Service Improvements ....................................................................................................... 1 Figure ES-2: Preferred Service Level (Restaurant Analogy) .................................................................................................. 2 Figure ES-3: Willingness to Pay for Service Improvements ................................................................................................. 2 Figure ES-4: Projected Infrastructure Gap to Meet PLOS for Tax Supported Services .............................................. 4 Figure ES-5: Projected Infrastructure Gap to Meet PLOS for Rate Supported Services ........................................... 4 Figure ES-6: Annual 10-Year Projected Total Revenues including Transfers to Reserves from Operating ..... 16 List of Tables Table ES-1: Cumulative 10-Year Lifecycle Needs to Meet Current and Proposed Levels of Service(1) ................ 3 Table ES-2: Proposed levels of service and the annual cost to meet that PLOS ......................................................... 6 Page 20 of 38 Page 87 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 1 Executive Summary ES.1 Overview The City of Niagara Falls has prepared this report as an amendment to the City's existing 2022 Core and 2024 Non-Core Asset Management Plans to meet Ontario Regulation 588/17, Section 6 requirements while advancing its commitment to sustainable infrastructure stewardship. Building on the foundation of the 2022 Core and 2024 Non-Core Asset Management Plans—which identified a combined $414 million infrastructure funding gap over 10 years—this report establishes Proposed Levels of Service (PLOS), comprehensive lifecycle management strategies, and updated financial plans to support reliable, community-focused municipal services. Through extensive community engagement involving 240 city-wide survey responses and multiple public consultation events, the City identified transportation infrastructure as the top priority for residents, with 89% indicating paved roads need improvement (Figure ES-1: Identified Need for Service Improvements). The engagement revealed strong community support for measured investment, with 82% preferring a balanced "family diner" approach to service delivery (Figure ES-2: Preferred Service Level (Restaurant Analogy)) and 63% willing to support increased funding for core infrastructure services (Figure ES-3: Willingness to Pay for Service Improvements). Figure ES-1: Identified Need for Service Improvements 0 50 100 150 200 250 Transportation Water Wastewater Stormwater Recreation, Culture, Cemeteries & Facilities Fire Services Parks, Trails & Natural Assets Niagara District Airport Libraries Government Services Needs Improvement Does NOT Need Improvement No Preference Page 21 of 38 Page 88 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 2 Figure ES-2: Preferred Service Level (Restaurant Analogy) Figure ES-3: Willingness to Pay for Service Improvements 7.30% 10.30% 82.30% White Tablecloth (High Cost)Fast Food (Low Cost)Family Diner (Moderate Cost) 21% 42% 18% 19% Yes, for all services Yes, but only for core services No, I would prefer services remain the same, even if that means no improvements and/or a reduction in crurent service levelsNo, I would prefer lower taxes/fees even if it means a reduction in services Page 22 of 38 Page 89 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 3 The financial analysis demonstrates that achieving the proposed levels of service will require $750.0 million over 10 years for tax-supported services and $329.4 million for rate-supported services (Table ES-1: Cumulative 10-Year Lifecycle Needs to Meet Current and Proposed Levels of Service). This creates a $164.2 million funding gap for tax-supported infrastructure (Figure ES-4: Projected Infrastructure Gap to Meet Proposed Levels of Service for Tax Supported Services), requiring a dedicated capital levy increase of 2.75% annually to meet proposed service levels. Rate-supported services, (Figure ES-5: Projected Infrastructure Gap to Meet Proposed Levels of Service for Rate Supported Services), face a $58.0 million funding gap, requiring approximately a 9% one-time increase in utility rate revenues to maintain cost recovery and meet service level targets. Alternatively, this gap could be closed if rate revenues were increased at 2% per year starting in 2026 over the planning period. Importantly, the calculated increase relates only to the revenue requirements for capital asset management activities (in $2025) and the true rate impacts will need to consider other factors, at minimum: operating cost changes, regional charges, inflation and consumption patterns. Of note, the City should be cognizant of the additional $138.0 million in costs associated with service level enhancements and strategic investments capital. These expenses if added to the state of good repair works would bring the total lifecycle costs to $880.0 million relative to available funding of $585.8 million (a difference of $302.2 million). To close the funding gap of $302.2 million, the City would need to increase the capital levy by 4.5% per annum over the planning period to meet the proposed level of service. This would represent a net increase of 1.8% in the dedicated levy to address these additional costs. Table ES-1: Cumulative 10-Year Lifecycle Needs to Meet Current and Proposed Levels of Service(1) Lifecycle Activity Category Tax Supported Assets Rate Supported Assets Operations and Maintenance $302.1 $112.4 Capital Repair and Replacement – CLOS $348.0 $145.2 Non-Infrastructure Solutions $4.3 $0.1 Expansion (2) $75.0 $71.2 Total to Maintain CLOS $729.4 $328.9 Add: Capital Repair and Replacement – PLOS $20.6 $0.5 Grand Total Cost to Meet PLOS $750.0 $329.4 Note 1: All values in constant 2025 dollars. Note 2: The total lifecycle costs also account for the benefit to existing share of stormwater ($15.4 M), Water ($34.2 M) and wastewater assets ($31.7M) over the 10-years. Page 23 of 38 Page 90 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 4 Figure ES-4: Projected Infrastructure Gap to Meet PLOS for Tax Supported Services (10-Year Total) Figure ES-5: Projected Infrastructure Gap to Meet PLOS for Rate Supported Services (10-Year Total) Page 24 of 38 Page 91 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 5 Key achievements include the development of 79 measurable levels of service indicators across 11 service areas (Table ES-2: Proposed levels of service and the annual cost to meet that PLOS), comprehensive lifecycle management strategies addressing six activity categories, and evidence-based financial planning that balances community expectations with fiscal responsibility. The plan positions Niagara Falls to deliver enhanced infrastructure performance while maintaining long-term financial sustainability. Page 25 of 38 Page 92 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 6 Table ES-2: Proposed levels of service and the annual cost to meet that PLOS Service Area Asset Type Technical Levels of Service (TLOS) Measure Current Performance Increase, Maintain, or Decrease Proposed LOS Airport Airport % of airport assets in fair or better condition 78.1% Decrease LOS 68% Airport Airport % of annual audits that meet regulatory requirements 100.0% Maintain LOS 100% Fire Services Fire Average time from dispatch to time on scene (standard calls) for full time stations 0:05:40 Maintain LOS 0:05:40 Fire Services Fire Average time from dispatch to time on scene (standard calls) for volunteer stations 0:11:28 Maintain LOS 0:11:28 Fire Services Fire % of vehicles and equipment in fair or better condition 68.4% Increase LOS 70% Fire Services Fire % of stations in fair or better condition 100.0% Maintain LOS 100% Fleet Fleet % of equipment that is in fair or better condition 38.3% Increase LOS 60% Fleet Fleet % of fleet that is in fair or better condition 42.9% Increase LOS 50% Fleet Fleet % Commercial vehicle operator's registration (CVOR) inspections completed on time 100.0% Maintain LOS 100% Fleet Fleet # of snowplows per centreline-km 1 snowplow per 37 centreline-km Maintain LOS 1 snowplow per 37 centreline- km Fleet Fleet # of sidewalk clearing plows by km of sidewalk 1 snowplow per 54 km Maintain LOS 1 snowplow per 54 km Fleet Fleet Ratio of fleet vehicles to population served 1 vehicle per 565 population Maintain LOS 1 vehicle per 565 population Fleet Fleet Ratio of electric vehicle charging stations to population served 1 vehicle per 13,488 population Maintain LOS 1 vehicle per 13,488 population Government Services Information Systems % of IT assets that are within the service life 30.3% Increase LOS 60% Libraries Libraries % of library assets in fair or better condition 61.5% Maintain LOS 61.5% Libraries Libraries Ratio of libraries to population served 1 library per 31,472 population Increase LOS 1 library per 30,842 population Page 26 of 38Page 93 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 7 Service Area Asset Type Technical Levels of Service (TLOS) Measure Current Performance Increase, Maintain, or Decrease Proposed LOS Parks, Trails and Natural Assets Natural Assets # of trees planted annually 316 Increase LOS 348 Parks, Trails and Natural Assets Parks % of playgrounds that are AODA compliant 66.0% Increase LOS 76% Parks, Trails and Natural Assets Parks % of parks in fair or better condition 92% Maintain LOS 92% Parks, Trails and Natural Assets Parks # of hectares of park land available to the public 279.23 Maintain LOS 279.23 Parks, Trails and Natural Assets Trails # of kms of walking and cycling trail 44.55 Increase LOS 45.89 Recreation, Culture, Cemeteries and Facilities Cemeteries % of available lots 9.8% Increase LOS 25% Recreation, Culture, Cemeteries and Facilities Cemeteries % of niches available 51.9% Maintain LOS 52% Recreation, Culture, Cemeteries and Facilities Culture # of memorial trees 13 Maintain LOS 13 Recreation, Culture, Cemeteries and Facilities Facilities % of facilities in fair or better condition 85.2% Maintain LOS 85% Page 27 of 38Page 94 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 8 Service Area Asset Type Technical Levels of Service (TLOS) Measure Current Performance Increase, Maintain, or Decrease Proposed LOS Recreation, Culture, Cemeteries and Facilities Facilities % of facility structures within the inspection program that are inspected within the City's 5- year program 100% Maintain LOS 100% Recreation, Culture, Cemeteries and Facilities Facilities Ratio of recreation centres to population served 1 recreation centre per 31,472 population Maintain LOS 1 recreation centre per 31,472 population Stormwater Stormwater Facilities % of stormwater management facilities inspected within the City's 5-year program 100.0% Maintain LOS 100% Stormwater Stormwater Network % of properties resilient to a 100-year storm 60.0% Maintain LOS 60% Stormwater Stormwater Network % of stormwater management facilities in fair or better condition 63.1% Maintain LOS 63% Stormwater Stormwater Network % of stormwater management trunk system resilient to a 5-year storm 90.0% Maintain LOS 90% Stormwater Stormwater Network % of storm sewers and appurtenances in fair or better condition 94.7% Maintain LOS 95% Transportation Bridges & Culverts % of bridges and culverts in the City with loading or dimensional restrictions. 0.0% Maintain LOS 0% Transportation Bridges & Culverts % of bridges in fair or better condition 84.5% Maintain LOS 84% Transportation Bridges & Culverts % of bridges and culverts inspected as per OSIM requirements 88.0% Increase LOS 100% Transportation Bridges & Culverts % of culverts in fair or better condition 51.8% Maintain LOS 52% Transportation Roads & Related % of collector roadway in good or better condition 47.7% Increase LOS 50% Transportation Roads & Related % of arterial roadway in good or better condition 59.1% Increase LOS 61% Transportation Roads & Related % of local roadway in good or better condition 58.9% Increase LOS 61% Page 28 of 38Page 95 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 9 Service Area Asset Type Technical Levels of Service (TLOS) Measure Current Performance Increase, Maintain, or Decrease Proposed LOS Transportation Roads & Related % of unpaved surface condition in fair or better condition 9.8% Increase LOS 10% Transportation Roads & Related # of lane-kms of paved arterial roads as a proportion of km2 of City land area 1.02 Maintain LOS 1.00 Transportation Roads & Related # of lane-kms of paved collector roads as a proportion of km2 of City land area 1.73 Maintain LOS 1.70 Transportation Roads & Related # of lane-kms of paved local roads as a proportion of km2 of City land area 1.73 Maintain LOS 1.70 Transportation Roads Ops (Transportation) % of trafÞc signals in fair or better condition 40.0% Increase LOS 60% Transportation Roads Ops (Transportation) % of streetlights converted to LED -Standard -Decorative 82.5% Increase LOS 100% Transportation Sidewalk % of arterial and collector roads with sidewalk on both sides 53.9% Maintain LOS 54% Transportation Sidewalk % of local roads with sidewalk on at least one side 86.5% Maintain LOS 87% Transportation Sidewalk # of sidewalk trip and fall claims per year 12 Increase LOS 10 Transportation TrafÞc & Parking % of parking lots in fair or better condition 64.8% Increase LOS 68% Transportation TrafÞc & Parking % of annual inspections for regulatory and warning signs with retro reflectivity requirements 100.0% Maintain LOS 100% Wastewater Sewer Network % of linear sanitary assets inspected annually 6.8% Maintain LOS 7% Wastewater Sewer Network % network with combined sewer 26.0% Maintain LOS 26% Wastewater Sewer Network % of sanitary sewers and appurtenances in fair or better condition 83.1% Maintain LOS 83% Wastewater Sewer Network % of properties connected to the City wastewater system within the Urban Boundary. 99.9% Maintain LOS 100% Water Water Network # of connection-days per year where a boil water advisory notice is in place. 0 Maintain LOS 0 Water Water Network % water network that meets Peak Hour Demand Minimum Operating Pressure of 40 PSI 1.0% Maintain LOS 1% Water Water Network % of local watermain greater than 4" (100mm) 98.0% Maintain LOS 98% Page 29 of 38Page 96 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 10 Service Area Asset Type Technical Levels of Service (TLOS) Measure Current Performance Increase, Maintain, or Decrease Proposed LOS Water Water Network % water network that meets Normal (Average Day / Maximum Day / Minimum Hour) Operating Pressure of 40-100 PSI 26.0% Maintain LOS 26% Water Water Network % of watermains and appurtenances in fair or better condition 71.2% Maintain LOS 71% Water Water Network % of properties within the urban boundary where Þre flow is available. 98.0% Maintain LOS 98% Water Water Network % of properties within the urban boundary that are connected to the City's water system. 98.0% Maintain LOS 98% Water Water Network % of sampling results that meet Drinking Water License and legislated limits 100.0% Maintain LOS 100% Water Water Network # of water quality complaints due to discoloured water 25 Increase LOS 19 Water Water Network # of watermain breaks per year. 57 Increase LOS 43 Page 30 of 38Page 97 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 11 ES.2 Report Objectives This report represents a significant milestone in the City of Niagara Falls' asset management journey, serving as a comprehensive amendment to the previously approved Core Asset Management Plan (June 2021) and Non-Core Asset Management Plan (July 2023). Prepared to meet the July 1, 2025 requirements of Ontario Regulation 588/17, Section 6, this amendment advances the City's integrated approach to infrastructure stewardship across all asset categories. The City manages a diverse portfolio of infrastructure assets including transportation networks (roads, sidewalks, bridges), water and wastewater systems, stormwater infrastructure, parks and recreation facilities, fire services assets, fleet, libraries, and municipal facilities. The combined value of these assets represents hundreds of millions of dollars in public investment, requiring strategic long-term planning to ensure continued service delivery. Building from the $414 million infrastructure funding gap identified in previous City plans, this amendment presents a holistic strategy that encompasses: Proposed Levels of Service: Community-informed performance targets developed through extensive public engagement, establishing measurable standards for service delivery across all asset categories. Lifecycle Management Strategy: Comprehensive approach to asset stewardship covering non- infrastructure solutions, operations and maintenance, renewal and replacement, disposal, and expansion activities, with integrated risk management and mitigation measures. Financial Strategy: Updated funding analysis identifying sustainable pathways to achieve proposed service levels, including detailed cost-benefit analysis and revenue optimization strategies. This amendment reflects the City's commitment to evidence-based decision-making, fiscal responsibility, and transparent community engagement. By fulfilling Ontario Regulation 588/17 requirements while advancing integrated asset management practices, Niagara Falls continues to demonstrate leadership in municipal infrastructure planning—ensuring the right investments are made at the right time to support resilient, reliable services that meet evolving community needs. ES.3 Levels of Service The City of Niagara Falls has established a comprehensive Levels of Service (LOS) framework encompassing 79 distinct performance measures across eleven (11) service areas, developed through an extensive community engagement process and technical analysis with subject matter experts. This framework provides the foundation for measuring, monitoring, and improving service delivery while ensuring alignment with community expectations and regulatory requirements. Page 31 of 38 Page 98 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 12 Community Engagement Results The City's first asset management-specific community engagement campaign yielded valuable insights from 240 citywide survey responses and 485 responses specific to the Niagara District Airport across the City of Niagara Falls, City of St. Catharines and the Town of Niagara-on-the-lake. Conducted between December 2024 and April 2025, the engagement included online surveys, six community pop-up events, and a Public Information Centre (PIC), providing multiple opportunities for resident input. Key findings demonstrate strong community preference for balanced service delivery: 82% of respondents preferred a "family diner" level of service (moderate quality and cost) 62% expressed willingness to accept increased taxes or fees for improved services 69% identified paved road condition as needing improvement 61% highlighted road and sidewalk maintenance concerns 50% noted the need for better snow removal services Transportation infrastructure emerged as the clear priority, with residents expressing both the lowest satisfaction (30.9%) and highest demand for improvement across all service areas. Proposed Levels of Service Framework The City has developed proposed LOS targets that strategically balance community priorities with financial sustainability (Table ES-2: Proposed levels of service and the annual cost to meet PLOS). Of the 79 measures established: 52 measures maintain current service levels, ensuring stable performance 24 measures increase service levels, primarily in high-priority areas identified through community feedback 3 measures strategically decrease service levels where fiscally prudent Transportation receives the most significant enhancements, with proposed improvements including: Increasing collector roadway condition from 47.7% to 50% in good or better condition Improving arterial roadway condition from 59.1% to 61% Enhancing local roadway condition from 58.9% to 61% Reducing sidewalk trip and fall claims from 12 to 10 annually Current performance baselines across all service areas provide the foundation for these strategic improvements. Service Area Performance Analysis The LOS framework enables systematic evaluation of current performance against proposed targets across all service areas. Transportation, water, wastewater, and stormwater services represent the highest-value asset categories requiring the most significant investment to achieve proposed performance levels. Page 32 of 38 Page 99 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 13 Recreation, culture, parks, and municipal facilities generally maintain current service levels with targeted improvements in accessibility and condition. The framework incorporates both technical measures (asset condition, regulatory compliance, operational efficiency) and customer-focused indicators (service availability, response times, quality metrics), ensuring comprehensive performance monitoring that supports both operational excellence and community satisfaction. ES.4 Lifecycle Management Strategy The City has developed a comprehensive lifecycle management strategy that encompasses six distinct activity categories, ensuring systematic and cost-effective approaches to achieving and sustaining proposed levels of service across all infrastructure assets. This strategy builds upon established asset management best practices while incorporating lessons learned from the 2022 and 2024 Asset Management Plans. The strategy addresses all phases of asset lifecycle through six integrated categories: Non-Infrastructure Solutions focus on policies, planning, and process optimization that extend asset life and reduce costs without direct physical intervention. Key activities include integrated master planning, climate change adaptation studies, condition assessment programs, and cross- departmental coordination protocols. Operations and Maintenance activities ensure assets achieve their intended service potential through regular servicing, preventive maintenance, and responsive repairs. The strategy emphasizes proactive maintenance planning aligned with condition assessment data to maximize asset life and minimize emergency interventions. Renewal and Rehabilitation activities involve significant repairs designed to extend useful asset life at key lifecycle points. These strategic interventions, timed based on condition assessments and performance data, help assets reach their designed useful life while avoiding premature replacement. Replacement Activities address end-of-life assets where renewal is no longer viable. The strategy prioritizes replacement based on criticality, condition, and service impact, ensuring seamless service continuity during asset transitions. Disposal Activities manage the systematic retirement of assets, including proper documentation, environmental compliance, and coordination with replacement projects to optimize resource utilization. Expansion Activities support planned service growth and improvements, incorporating long- term lifecycle needs for new infrastructure while aligning with development and strategic planning initiatives. Each lifecycle activity category includes comprehensive risk assessment and mitigation strategies. Key risks addressed include: Service level decline due to deferred maintenance or inadequate renewal timing Page 33 of 38 Page 100 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 14 Regulatory non-compliance and associated penalties Public safety impacts from asset failure Inefficient resource allocation due to poor coordination Climate change impacts on asset performance and longevity Mitigation strategies emphasize proactive planning, integrated project coordination, data-driven decision making, and continuous improvement in asset management practices. The lifecycle management strategy prioritizes alignment between planning activities, condition assessment programs, and capital project delivery. Integration across service areas ensures coordinated project delivery, optimized resource utilization, and minimized service disruptions during major infrastructure interventions. ES.5 Financial Strategy The City of Niagara Falls' financial strategy addresses a comprehensive 10-year investment program totaling $750.0 million for tax-supported services and $329.4 million for rate-supported services, requiring strategic funding approaches to achieve proposed levels of service while maintaining fiscal sustainability. The financial strategy incorporates complete lifecycle costs across all activity categories: o Operations and Maintenance: $302.1 million for tax-supported services and $112.4 million for rate-supported services over 10 years o Capital Repair and Replacement (Current LOS): $348.0 million for tax-supported infrastructure and $145.2 million for rate-supported services o Capital Enhancement (Proposed LOS): Additional $20.6 million (tax-supported) and $0.5 million (rate-supported) to achieve service improvements o Expansion Activities: $75.0 million for tax-supported and $71.2 million for rate-supported services o Non-Infrastructure Solutions: $4.3 million (tax-supported) and $0.1 million (rate-supported) for planning, studies, and process improvements Revenue Diversification The base financial strategy leverages multiple funding sources totaling $585.8 million over 10 years for tax supported assets. The base model assumes no further increases to the existing dedicated infrastructure levy. (Figure ES-6: Summary of Capital Revenues Needed to Fund the Program): $99.9 million from capital special purpose reserves (via tax levy) $60.8 million from reserve funds including a portion of OLG revenues $31.9 million from Canada Community Building Fund (CCBF) $66.3 million from debt capacity as existing obligations mature $302.1 million from operating budget allocations for O&M (tax supported) $24.8 million from existing capital reserve funds for asset management and OCIF allocations. Page 34 of 38 Page 101 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 15 For rate supported assets, over the 10-year period, the baseline projection of revenues amounts to about $271.4 million. The baseline revenue projections is made up of the following revenues: $131.0 million from reserves (via rate charges) $11.1 million from debt capacity as existing obligations mature $112.4 million from operating budget allocations for O&M (rate supported) $16.9 million from existing capital reserve funds for asset management. Funding Gap for Tax and Rate Supported Services For tax supported services, the 10-year projected lifecycle cost is $750.0 million, while projected revenues are $585.8 million, resulting in a funding gap of $164.2 million to meet the proposed levels of service. For rate supported services. the 10-year projected lifecycle cost is $329.4 million, while projected revenues are $271.4 million, resulting in a funding gap of $58.0 million. While it is acknowledged that utility rates would need to increase to fund the shortfall, the systems are maintained to provide safe and clean drinking water, and the systems are operated on a cost recovery basis. It will be important that the City continue to undertake regular reviews of its water and wastewater rates to ensure the proposed level of service is met and the funding gap is closed over the planning horizon. In order to increase tax revenues and fund the required expenditures, the Transfer to Capital Special Purpose Reserve and Reserve Funds will need to grow through annual tax supported increases, with base contributions totalling $15.6 million in 2025 and raising incrementally in order to close the gap over the period. Page 35 of 38 Page 102 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 16 Figure ES-6: Summary of Capital Revenues Needed to Fund the Program To enhance long-term financial sustainability, the strategy recommends: City increase investments in capital assets to address the calculated infrastructure gap to achieve community-prioritized service improvements, particularly in road infrastructure condition and maintenance Continued pursuit of federal and provincial grant opportunities Enhanced data quality to optimize investment prioritization Risk-based asset management to focus resources on highest-impact interventions Potential public-private partnerships for major infrastructure initiatives Coordinated project delivery with Niagara Region to achieve economies of scale. This comprehensive financial strategy positions the City to deliver enhanced infrastructure performance, ensuring sustainable service delivery for current and future residents. Of note, the City should be cognizant of the additional $138.0 million in costs associated with service level enhancements and strategic investments capital. These expenses, if added to the state of good repair works, would bring the total lifecycle costs to $880.0 million relative to available funding of $585.8 million (a difference of $302.2 million). Page 36 of 38 Page 103 of 596 Asset Management Planning – Levels of Service Setting and Financial Plan | Final Report P a g e | 17 ES.6 Recommendations In alignment with O.Reg. 588/17 and the City’s ongoing commitment to transparent, data-driven, and fiscally responsible asset management, it is recommended that Council adopt the following actions to support the implementation of the 2025 Levels of Service Setting and Financial Plan. These actions will ensure regulatory compliance, enhance financial sustainability, and position the City to deliver consistent and resilient service outcomes for the community. 1. That the City endorses the Levels of Service Asset Management Plan prepared in accordance with the requirements of Ontario Regulation 588/17. 2. That the City makes the Plan publicly available on the City's website in advance of the July 1, 2025, regulatory deadline. 3. That the City submit the Plan to the Ministry of Municipal Affairs and Housing prior to the July 1, 2025, deadline to demonstrate compliance with provincial reporting requirements. 4. That City staff incorporate key recommendations from the LOS AMP into ongoing capital and financial planning, including the development of a 10-year capital budget, alignment with preferred levels of service, application of risk-based prioritization methodologies, and increased integration of asset condition data starting with the 2026 budget cycle. 5. That the City implement the LOS AMP Financial Strategy, including the introduction of a dedicated 4.5% annual levy on tax-supported services to begin closing the identified infrastructure funding gap. 6. That the City implement a one-time 9% utility rate increase or 2% per year over the planning period to address the funding gap for rate-supported services and align future investments with identified lifecycle and service delivery needs. Page 37 of 38 Page 104 of 596 Attachment 2 2025 Levels of Service Asset Management Plan Document https://letstalk.niagarafalls.ca/download_file/1214/720 Page 38 of 38 Page 105 of 596 Council Presentation: Final Report & Presentation Project: Asset Management Planning – Levels of Service Setting and Financial Plan (RFP37-2024) Date: June 17th, 2025 Page 106 of 596 2025 AMP Addendum: Levels of Service 2 Define Targets Calibrate Performance Develop Proposed Measures Review Existing Measures Review of Existing Measures Develop Proposed Measures Calibrate Performance Define Targets •Prior AMP •Subject Matter Expert Workshops •Recommended based on best practices •Refined based on SME input •Estimate cost to increase, maintain and decrease LOS •Forecast performance •Review of options •Complete financial analysis To find the right balance between costs, risk and service. Page 107 of 596 •The proposed levels of service are aimed to align community satisfaction with municipal services. •Understanding public perception of cost-effectiveness and service quality was a central goal. •Public engagement suggested community preference to maintain service levels and increase road and sidewalk service levels. Service Area Observation TRANSPORTATON Increase condition of paved roads & sidewalks WATER Maintain service levels, satisfied with current service WASTEWATER Maintain service levels, satisfied with current service STORMWATER Maintain service levels, satisfied with current service PARKS, TRAILS, NATURAL ASSETS RECREATION, FACILITIES,GOVERNMENT SERVICES, FLEET, FIRE SERVICES Maintain service levels, satisfied with current service Setting Levels of Service Page 108 of 596 Scenario Planning: Proposed Levels of Service Preferred Option: Introduce a modest 2.2% increase in road conditions across all paved classes. This scenario would require an additional $1.58 million per year.Page 109 of 596 Setting Levels of Service – Road Network LOCAL ROADS 17.80 % by value in Good or Better Condition $45.30 $161.70 $121.00 $14.30 $3.30 $0.50 $- $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 $140.00 $160.00 $180.00 Very Good Good Fair Poor Very Poor Unknown Current State Condition – Local Roads (Millions)Page 110 of 596 City Roads Condition Examples Very Good Biamonte Parkway Good Beaverdams Rd Fair St .Paul Ave Poor Ellen Ave Very Poor Stuart Ave Page 111 of 596 2024 (Current) 17.8% Good or Better 2029 (Year 5) 9% Good or Better 5 Years Good Roads Deteriorating to Fair / Poor Local Road Network – LOS Setting & Deterioration Current State Good and Fair Page 112 of 596 Financial Strategy Determine appropriate tax and rate levy increase to undertake 10-year needs to achieve the service levels. •Feasible 10-Year Plan that is financially achievable •A plan where the City knows where finances to maintain appropriate LOS targets will be drawn from (capital vs operating). •If complete by July 1st, 2025 will allow for government approved funding Objective Key Components Page 113 of 596 Calculated Infrastructure Gap – Tax Supported REVENUE $585.8 Million COSTS $750 million 10 Year Planning Horizon Infrastructure Gap $164.2 Million / 10 years = 2.75% Annual Levy Increase for 10 years Page 114 of 596 Calculated Infrastructure Gap – Rate Supported •Funding Gap exists but gap is largely related to funding the non-growth share of new infrastructure of the growth program REVENUE $271.4 Million COSTS $329.4 Million 10 Year Planning Horizon Infrastructure Gap $58 Million / 10 years = One-time rate increase of 9% (2%/yr/10yr = $1.3M/yr)Page 115 of 596 Examples: •New Chippawa/Willoughby Recreation Centre •New/ Replacement of Municipal Service Centre Strategic Investments •Investments aligned with the organization’s long- term goals, policy priorities, or master plans, with a focus on addressing critical needs that deliver significant returns in operational efficiency, risk mitigation, innovation, or economic development. REVENUE Likely Debt/ External funding COSTS $138 Million 10 Year Planning Horizon Calculated Infrastructure Gap – Tax Supported Strategic Initiatives & Service-Level Enhancement Projects Page 116 of 596 Addressing The Gap Control / Reduce Expenses Increase Revenue •Reduction in Service Levels •Increase in acceptable risk tolerance •Divest of City Assets •Explore additional rehabilitation technologies (extend ESL) •Dedicated Capital Levy •Utility Rate Increases •Grant Opportunities •Optimizing Investment Revenue •Increase user fees Page 117 of 596 Recommendations & Next Steps 1.That Council APPROVE the City's Levels of Service Asset Management Plan prepared in accordance with Ontario Regulation 588/17; 2.That Council RECEIVE the tax-supported financial information of the Plan that identifies a funding gap of $302.2 million over the next ten years comprised of $164.2 million to meet proposed service levels, and $138.0 million for service level enhancements and strategic investments; 3.That Council RECEIVE the rate-supported (water/wastewater) financial information of the Plan that identifies a funding gap of $58 million over the next ten years to support growth and meet service level targets; 4.That Council DIRECT Staff to make the Plan publicly available on the City's website before the July 1, 2025 deadline; 5.That Council DIRECT Staff to submit the Plan to the Ministry of Municipal Affairs and Housing before the July 1, 2025 deadline; and, 6.That Council DIRECT Staff to incorporate recommendations of the Asset Management Plan including the financing strategy, development of a 10-year capital budget, preferred levels of service, utilization of risk-based prioritization, and increase of asset condition knowledge into the 2026 capital budget process.Page 118 of 596 Thank You! AMLT (Niagara Falls Asset Management Leadership Team) Tara Gudgeon, Sr. Manager Asset Management, Municipal Works Amanda Beattie, Aspire Consulting Daryush Esmaili, Aspire Consulting Andrew Mirabella, Hemson Christopher Balette, Hemson Page 119 of 596 PBD-2025-38 Planning Report Report to: Mayor and Council Date: June 17, 2025 Title: AM-2024-019 & 26CD-11-2024-007, Zoning By-law Amendment and Draft Plan of Vacant Land Condominium Application 6111 Carlton Avenue Proposal: 6 townhouse and 1 detached dwelling along a private roadway Applicant: Tanya Byrd and Eric Byrd Agent: Upper Canada Consultants Recommendation(s) 1. That Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) Zone to facilitate the construction of 6 townhouse dwellings and 1 detached dwelling along a private roadway and a site-specific Residential 1E Density zone (R1E) to recognize the existing dwelling, as outlined in this report. 2. That the Draft Plan of Vacant Land Condominium be draft APPROVED subject to the conditions in Appendix 6; 3. 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; 4. That Draft APPROVAL be given for 3 years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 5. 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 By-law Zoning a for Canada have Consultants Amendment Upper applied and concurrent Draft Plan of Vacant Land Condominium on behalf of Eric Byrd and Tanya Page 1 of 34 Page 120 of 596 Byrd for 0.33 hectares (0.13 acres) of land known municipally as 6111 Carlton Avenue. The applications will facilitate the construction of 6 townhouse dwellings and 1 detached dwelling located on a private road and developed by Vacant Land Condominium. Details of the proposed development are illustrated on Appendix 1 – Neighbourhood Map, Appendix 2 - Location Map, Appendix 3 - Site Plan and Appendix 4 - Conceptual Elevations. semi-detached 2 dwellings townhouse and proposed application original The 6 dwellings, each with 1 parking space. However, the required parking rate of 1.4 spaces per unit could not be met, prompting a request for a parking demand study to support the reduced ratio. Upon review, the Transportation Department requested additional information on driveway use, visitor parking, unassigned spaces, and on-street parking before providing a position. In response, the applicant revised the plan by removing one semi-detached unit and adding parking spaces, resulting in a total of 10 parking spaces. This revision satisfies the parking requirements, and the Transportation Department has accepted the changes. To permit this development the lands are proposed to be rezoned from a Residential 1E Density Zone (R1E) to a site specific Residential Low Density, Group Multiple Dwelling (R4). The land containing the existing dwelling (Part 1) is proposed to be rezoned to a site-specific R1E zone. Registering a Plan of Condominium (Vacant Land) on the lands will allow the individual ownership of the dwelling units with a private road and landscaped areas around the perimeter of the development to be in common ownership. The Zoning By-law Amendment is recommended for the following reasons: The proposed development conforms with Provincial, Regional, and City policies as it is transit supportive and supports the achievement of a complete community, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents. The proposal will minimize urban land consumption and efficiently use underutilized land and is serviced by existing municipal services with no traffic/transportation impacts expected. The introduction of additional multiple dwellings will contribute to the diversification of housing supply within the urban area as prescribed by the 2024 Provincial Planning Statement (PPS) as well as the Regional and City Official Plans. Registering a Plan of Condominium on the lands will allow the individual ownership of the dwelling units, with the private road and landscaped areas held in common ownership. The conditions of Draft Plan approval, which address servicing, landscaping, the provision of safe access, parkland dedication, fencing and all other matters related Page 2 of 34 Page 121 of 596 to the development of the Vacant Land Condominium, are listed in Appendix 6 – Conditions of Draft Plan Approval. A public open house was held on February 13, 2025, with 19 community members, City staff, and the applicant’s agent in attendance. Written correspondence was also received regarding the application. Notice of the open house was mailed to property owners within a 120-metre radius of the subject lands on January 30th, 2025. Notice of the public meeting was mailed to the same area on May 16, 2025. Additionally, a public meeting sign was posted on the subject property 20 days before the meeting. Concerns were raised regarding on-site and street parking, fencing and privacy, increased traffic, density, potential use of property as Vacation Rental Units (VRUs), servicing, snow storage, large vehicles and garbage trucks on the private roadway, and property the in contained are comments to the responses Staff's values. public Background section of this report in the public open house portion. The proposed development is consistent with the 2024 Provincial Planning Statement, the Niagara Region Official Plan, and the City of Niagara Falls Official Plan, as it supports intensification, transit use, and contributes to the creation of a complete community. It efficiently utilizes an underused parcel within the urban boundary, with existing municipal servicing and no expected traffic impacts. The applicant revised the original plan to address technical concerns by removing one unit and increasing parking to meet the required parking standards, which the Transportation Department has accepted. The proposed site-specific R4 zoning and Vacant Land Condominium enable compatible development with individually owned units and shared common elements. Public were and considered and servicing parking, to related concerns privacy, appropriately addressed through the planning process and conditions of approval. Additionally, the proposal is consistent with the existing lot fabric and intensification of the surrounding neighbourhood. The properties on Culp street, immediately south of the subject which coverage, maximize that dwellings lot lots deep have lands with represents a similar level of intensification as proposed on the subject lands and sets a precedence for this type of development. Background Proposal The proposed development includes the construction of 6 townhouse dwellings and 1 detached dwelling, while maintaining the existing dwelling. All proposed dwellings will be located on a private road and developed by Vacant Land Condominium. zone Density 1E Residential zoned property is subject The (R1E) currently in accordance with By-law 79-200, as amended. The applicant is proposing to rezone the lands to a site specific Residential Low Density, grouped Multiple Dwelling zone (R4) to Page 3 of 34 Page 122 of 596 facilitate the proposed development and a site-specific Residential 1E Density zone (R1E) to recognize the existing dwelling. The proposal includes adding the use of a detached dwelling and site-specific provisions for lot frontage, rear yard depth, number of dwellings on one lot, parking requirements, and privacy yard depth. The Draft Plan of Vacant Land Condominium will create 6 townhouse units and 1 detached dwelling, each to be sold individually. The private road and perimeter landscape areas will be held in common ownership. The proposed unit layout is shown in the Draft Plan of Condominium attached as Appendix 5. A future consent application is required to sever the existing dwelling from the proposed condominium development, identified as Part 1 on Appendix 3. Site Conditions and Surrounding Land Uses The subject lands currently contain a single detached dwelling, which is proposed to be severed from the proposed condominium development. The subject lands are approximately 0.33 hectares in size, located on the west side of Carlton Avenue and approximately 350m south of Lundy’s Lane. The immediate surrounding land uses consist of the following: North – Detached dwellings East – Detached dwellings South – Detached dwellings West – Detached dwellings The subject property is located approximately 460 m from a WEGO Red Line bus stop and approximately 450 m from a Route 111 bus stop. These lines provide connections to various other transit lines including routes 103, 110, 113, 204, 210 as well as Regional Transit Line 60/65 which connects to the City of Welland. Additionally, these transit lines service the MacBain Community Centre and Niagara Square Shopping Centre, while also connecting with various other transit lines that provide further access to the city. Several elementary and secondary schools from both the District School Board of Niagara and the Niagara Catholic District School Board are nearby, including Westlane Secondary School (1,900 metres away), Stanford Collegiate (800 metres), Princess Margaret Catholic Public School (100 metres), and Our Lady of Mount Carmel Elementary School (610 metres). Circulation Comments Information about the requested Zoning By-law Amendment and Draft Plan of Vacant Land Condominium application was circulated to City Departments, agencies and the public for comments. Comments and conditions received from internal departments and Page 4 of 34 Page 123 of 596 external agencies will be addressed in the Draft Plan of Vacant Land Condominium. The following summarizes the comments received to date. Niagara Region Regional Staff do not object to the proposal as it aligns with Provincial and Regional policies promoting intensification within settlement areas and built-up areas. It contributes to the City's intensification targets and provides diverse housing options. Archaeological Resource Protection Provincial (PPS) and Regional (NOP) policies mandate that development cannot occur on lands with archaeological resources unless those resources are properly conserved or mitigated, following provincial clearance. Although the site is not currently mapped as having high archaeological potential, a standard warning clause should be included in the condominium agreement to address any unexpected discoveries during construction. Regional Waste Collection Eligibility The development is eligible for Niagara Region's curbside waste collection, subject to adherence to the Waste Collection Policy, including set limits on waste volume and curbside placement. However, submitted plans lack necessary turning radii details to confirm compliance. Future submissions must include detailed truck turning templates to ensure waste collection vehicle accessibility. If compliant, the applicant must complete an "Application for Commencement of Collection" and sign an Indemnity Agreement. If not compliant, waste collection becomes the owner's responsibility via a private contractor. Municipal Works (Development Engineering) Development plans must meet City standards and regulatory requirements. This includes detailed reviews and approvals of, but is not limited to, functional servicing report, stormwater management report, servicing plans, grading plans, erosion & sediment control plans, sanitary drainage area plans, storm drainage area municipal with compliance ensure plans, plans photometric and to guidelines and provincial regulations. Infrastructure design and construction must adhere to City specifications. This applies to roadways, water, sanitary, storm services, and lot grading, even if they are not municipally owned. Page 5 of 34 Page 124 of 596 The applicant is responsible for all costs and certifications. This includes engineering administration fees, development charges, and providing written certification of completed works by their engineering consultant, confirming adherence to approved plans and construction standards. Lighting within the proposed development will not be Municipally owned nor maintained. As such, the lighting service should be independently powered and metered. Municipal Works (Transportation Services) Carlton Avenue does not require widening, and a traffic impact study is not necessary, as the development is expected to generate only five bi-directional trips during peak hours. Additionally, on-site turnaround provisions are sufficient for service vehicles. The site is within walking distance of transit routes on arterial roads, and continuous sidewalks provide pedestrian connectivity. Transportation staff have no conditions for draft plan approval. Urban Design and Landscape Services Parkland dedication shall be provided as a cash-in-lieu payment at the current prescribed rate of 5% for the residential units. A Tree Inventory and Preservation Plan and a Landscape Plan that meet the requirements of the City’s Site Plan Guidelines and to the satisfaction of the City are required as a condition of Draft Plan approval. Building Department All Building permit requirements will be addressed under the Building Permit review process. City and Regional Development Charges will be assessed during the review of the building permit application submission. Fire Department Property owners must secure vacant buildings to prevent unauthorized entry, which may involve fencing or 24/7 security, to comply with the Ontario Fire Code. Page 6 of 34 Page 125 of 596 A designated fire route is required, involving a municipal by-law designation with a $150 fee. The developer is responsible for the cost and installation of compliant fire route signage. No parking is permitted within the fire route. GIS With the consent application, the existing address (6111) will remain with the existing detached dwelling. A verified unit plan will be required to assign addresses to the condo units. Enbridge No objections. Niagara Peninsula Energy NPEI will require a 4m x 4m parcel on the subject lands for a pad mount transformer. The parcel must be located within 4m of the driveway. A transformer is noted in the southwest corner of the site but will need to be relocated to provide truck access within close proximity to the driveway. This could be addressed during the site plan process. Neighbourhood Comments A public open house was held on February 13, 2025, with 19 community members, City staff, Written also was correspondence attendance. agent applicant’s the and in received regarding the application. Notice of the open house was mailed to property owners with a 120-metre radius of the subject lands on January 30th, 2025. Notice of the public meeting was mailed to the same area on May 16, 2025. Additionally, a public meeting sign was posted on the subject property 20 days before the meeting. Concerns were raised regarding on-site and street parking, fencing and privacy, increased traffic, density, potential use of the property as Vacation Rental Units (VRUs), servicing, snow storage, large vehicles and garbage trucks on the private roadway, and property values. Staff have provided the following responses: The applicant has installed a 1.83 m (6 ft) fence along the northern property line and has agreed to install 2.5 m (8.2 ft) fencing around the remaining perimeter of the subject lands. The residents expressed a desire for 2.5m high fencing, which Page 7 of 34 Page 126 of 596 is the maximum height permitted under the City’s Fence By-law (2014-153). Staff agree that 2.5m fencing would mitigate privacy concerns as well as mitigate adverse impacts from large vehicle traffic such as garbage trucks and snowplows entering the property. This has been added as a condition to the Draft Agreement. Transportation Staff has indicated that the proposed 7 dwelling units are expected to generate less than 5 new bidirectional trips in the peak hours. The proposed density of 24.1 units per hectare conforms with the Official Plan, which permits 20-40 units per hectare for block townhouses and semi-detached dwellings. Vacation Rental Units are only allowed in Tourist Commercial, General Commercial and Central Business Commercial zones in the City and are not allowed in residential zones as of right. Any VRU operating illegally will be enforced through the City’s By-law Enforcement Division. Two snow storage areas will be located at the west end of the private driveway and at the south side of the turn-around. The applicant has also indicated that excess snow can be removed from the site via truck removal. There is no evidence to suggest that introducing similar uses to those in the surrounding neighbourhood negatively impacts property values. Comparable developments in similar areas have not demonstrated a decline in property values. Analysis Provincial Policies City planning decisions are to be consistent with the Planning Act and the Provincial Planning Statement, 2024. The proposal conforms as follows: The proposal satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act. The proposal supports the creation of a complete community. The Provincial Policy Statement, 2024 notes that complete communities take different shapes and forms appropriate to their contexts to meet the diverse needs of their populations. Regional Official Plan Page 8 of 34 Page 127 of 596 The subject lands are designated Delineated Built-Up Area in the Regional Official Plan. The proposed development conforms as follows: The site is located within the urban area, represents an efficient use of urban land, and will utilize existing municipal infrastructure and services. The proposal will assist with achieving the City’s minimum residential intensification target of 50% occurring annually within the Built-up Area. The proposed development provides for a compact built form and allows for a range of housing types which contributes to the creation of a complete community. City Official Plan The Official Plan designates the subject land as Residential. The proposal complies with the Official Plan as follows: The proposal will be developing an underutilized lot which is located within the Built-Up Area among existing residential uses along a local road. The proposed density is 24.1 units/per hectare (uph) which falls within the permitted range of 20-40 uph. The proposed development will offer a choice in dwelling type between the 6 townhouse units and the detached unit, while maintaining the existing dwelling unit along the street frontage. The proposed in-fill housing type will assist in achieving the minimum 50% residential intensification target in the Built-Up area. The introduction of additional multiple dwellings will contribute to the diversification of housing supply within the urban area and the proposed townhouses and detached dwelling are compatible with the surrounding land uses. The proposed two-storey townhouses will have single-car garages and an additional driveway parking space, maintaining a traditional built form with appropriate design, outdoor amenity areas, and setbacks. The proposal will minimize urban land consumption and efficiently uses land by filling the need for housing in the community. The site is suitably located with convenient access to public transit, schools, City parkland and commercial districts. Page 9 of 34 Page 128 of 596 The proposal aligns with the City’s housing policies which promote multi-unit developments, and the development of underutilized parcels. Further, the proposal will contribute to and diversify the City’s supply of housing. The developer has indicated that the principal dwelling units will be sold at market rates, ranging from $700,000 to $750,000. While these prices exceed the City’s 2022 Housing Strategy affordable ownership threshold of $539,000, the development still supports key housing objectives of the Official Plan by contributing to both municipal and Regional growth targets and by enhancing the overall supply and diversity of housing in the City. The proposal provides the opportunity for Accessory Dwelling Units (ADUs) with estimated monthly rental rates between $1,000 and $1,250. These units are expected to be affordable to households earning approximately $45,300 annually, as identified in Table 3-2 of the City’s Housing Strategy. The three-year sunset clause for the Zoning By-law is not required in combination with the Vacant Land Condominium application, as the applicant has three years to satisfy the Draft Conditions of the Vacant Land Condominium, therefore including a Sunset Clause would be redundant. Zoning By-law in (R1E) zone Density 1E Residential currently is property subject The zoned accordance with By-law 79-200, as amended. The applicant is proposing to rezone the lands to a site specific Residential Low Density, grouped Multiple Dwelling zone (R4) to facilitate the proposed development on Part 2 and Part 1, that includes the existing dwelling unit is proposed to be rezoned to a site specific R1E zone. It is noted that the existing dwelling unit will be severed from the proposed condominium development at a later date. The departures requested from the standard R4 zone regulations are summarized in the following table: ZONE REGUALTIONS EXISTING REGULATIONS REQUESTED REGULATIONS STAFF RECOMMENDATION Permitted uses The uses contained in Section 7.9.1 A detached dwelling Support Minimum lot frontage 30 metres 7.23 metres Support Minimum rear 7.5 metres 1.46 metres Support with Page 10 of 34 Page 129 of 596 yard depth for a town house dwelling modifications to not permit a further encroachment of the roofed over front porch on unit 1 Minimum interior side yard width One half of the building height (4.62m) South: 3.9 metres (from the attached garage of unit 7) East: 1.54 metres (unit 6) Support Number of dwellings on one lot More than one dwelling is permitted on one lot Block townhouse dwellings and one detached dwelling Support Minimum privacy yard depth for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit 7.5 metres 3.9 metres to the garage and 6 metres to the dwelling (unit 7 only) 7.61 m for Units 1- 6 Support Parking space length 6m 5.27m (unit 6) Do not support The requested zoning is appropriate as follows: The added use of a detached dwelling provides for a mix of dwelling types and is appropriately accommodated on the subject lands. Additionally, the location of the detached dwelling closer to the existing detached dwelling is an appropriate fit with the existing character of the neighbourhood. The request for 7.23m of lot frontage is appropriate as the lot is sufficiently large enough to accommodate the proposed development. The proposed frontage provides adequate space for access to the site via the private roadway, which can accommodate two-way traffic and a turn-around is provided on site to accommodate the maneuverability of larger vehicles. The request to reduce the minimum rear yard depth is appropriate for the site as the 1.46 metre setback effectively acts as the required side yard due to the layout of the proposal. For reference, the interior side yard depth in the R1E zone is 1.2 Page 11 of 34 Page 130 of 596 metres meaning that the proposed rear yard depth, which effectively acts as the side yard will be larger than the existing side yard provision. The southern interior side yard, with a 7.61-meter setback, effectively provides the required rear yard amenity space. Therefore, the 1.46 metre setback is considered appropriate. Additionally, staff recommend that no further encroachment of a roofed-over porch be permitted into the required rear yard. The current zoning provisions permit a 2.5 m encroachment into the required rear yard, which could result in a roof-over porch being installed right up to the southern property line. Staff recommend that the proposed 1.8 m setback to the roofed-over porch attached to Unit 1 be maintained and that no further encroachment is permitted. The proposed reduction in interior side yard setbacks from 4.62 metres (half the building height) to 3.9 metres to the garage of Unit 7 and 1.54 metres to the side of Unit 6 are appropriate for the subject lands. The current by-law's regulations intend to mitigate potential impacts from larger built-forms compared to the ones proposed. Secondly, the proposed development's scale aligns with typical low-to- medium density developments, which conventionally use reduced interior side yard setbacks. Additionally, specific site conditions, such as the townhouse's location next to an undeveloped rear portion of the abutting property, minimizes potential adverse impacts. Finally, the proposed setbacks maintain sufficient access for residents while remaining consistent with existing zoning provisions for similar dwelling types, thus meeting the intent of the Zoning By-law. The request for more than one dwelling permitted on a lot is considered to be a technical change as multiple group dwellings are permitted in the R4 zone, however the definition does not include detached dwellings. The proposed privacy yard depth of 6m from Unit 7 and 3.9m from the attached garage is appropriate for the development as adequate private amenity space is still maintained for those units. Additionally, proposed fencing will contribute to the privacy between Unit 7, and the adjacent property (6125 Carlton Avenue). The existing provisions for privacy only apply to townhouse dwellings, as detached dwellings are not permitted in the R4 zone. In addition, staff are requesting to recognize the 7.61 m privacy setback be maintained for Units 1-6. Currently the By-law only requires 7.5 m but this additional setback assists to address privacy concerns. Staff do not support the request to reduce the length of the parking space for Unit 6, as it does not provide sufficient space in the driveway to accommodate larger vehicles creating a possible overhang issues into the road area.; while the reduction may help facilitate on-site turning, it is not necessary or appropriate in lieu of functionality of a parking space. Page 12 of 34 Page 131 of 596 The departures requested from the standard R1E zone regulations are summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS STAFF RECOMMENDATION Minimum rear yard depth 7.5 metres 3.5 metres Support The requested zoning is appropriate as follows: The proposed 3.5m rear yard setback for Part 1 is appropriate as an adequate amount of amenity space is maintained along the southern lot line. A combination of proposed fencing and existing vegetation will provide more privacy to the proposed side yard amenity area. Condominium Design and Conditions of Approval The proposed condominium will accommodate the individual division of the subject land containing 6 townhouse dwelling units and a detached dwelling, with a private road off Carlton Avenue. In considering the proposed Draft Plan of Vacant Lant Condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. Subject to the conditions contained in Appendix 6, 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 it is located within the Built-up Area and has access to municipal services and infrastructure. The application is in the public interest as it will facilitate the provision of housing in an appropriate location. The proposal conforms with the City’s Official Plan and is compatible with the adjacent Residential lands. The land’s configuration is suitable for development which provides adequate access from Carlton Avenue. No lands will be conveyed for public purposes. The proposed development can be adequately serviced by municipal services and residents can walk 5 minutes to existing commercial uses and multiple bus stops located on Lundy’s Lane or Dorchester Road. AG Bridge Park is located approximately 100 metres from the site. Several elementary and secondary schools from both the District School Board of Niagara and the Niagara Catholic District School Board are nearby, including Westlane Secondary School (1,900 metres away), Stanford Collegiate (800 metres), and Princess Margaret Public School (100 metres), and Our Lady of Page 13 of 34 Page 132 of 596 Mount Carmel Catholic Elementary School (610 metres). The school boards had no concerns or comments. Site plan matters such as landscaping, servicing, and lighting are addressed through Draft Plan conditions that must be cleared prior to the execution of the Condominium Agreement that will be registered on title. Works will be secured through the provision of securities that will be held until satisfactorily completed and certified. A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Appendix 6 and includes the following: Extension of services at the developer’s cost. Cash in lieu of parkland dedication. All other matters typically covered under the Vacant Land Condominium process (i.e. execution of a condominium agreement, provision of utilities and mail service, engineering works, landscaping, and necessary fees and securities). An appropriate archaeological warning clauses. Mitigation measures. Appeal Provision – Section 34 of the Planning Act In accordance with Bill 185, which received Royal Assent on June 6th, 2024, the Minister, the applicant, or a specified person, public body, or registered owner of any land to which the Zoning By-law Amendment will apply, who made oral submissions at a Public Meeting or written submissions to City Council prior to the adoption of the Zoning By-law Amendment, may appeal the Zoning By-law Amendment to the Ontario Land Tribunal by filing Notices of Appeal to the Clerk. Third-party appeals are no longer permitted. Operational Implications and Risk Analysis No operational or risk implications. Financial Implications/Budget Impact The proposed development will generate development charge contributions, parkland dedication and property tax revenue for the City. There are no other financial implications. Page 14 of 34 Page 133 of 596 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 and increase the supply of housing in support of the City’s housing targets and pledge. Strategic Plan Pillars List of Attachments Appendix 1 - Neighbourhood Map Appendix 2 - Location Map Appendix 3 - Site Plan Appendix 4 - Elevations Appendix 5 - Draft Plan of Condominium Appendix 6 - Conditions of Draft Plan Approval Appendix 7 - Draft By-law Written by: Chris Roome, Planner 2 Submitted by: Status: Kailen Goerz, Senior Manager of Long Range Planning Initiatives Approved - 09 Jun 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 10 Jun 2025 Jason Burgess, CAO Approved - 11 Jun 2025 Page 15 of 34 Page 134 of 596 Neighbourhood Map Print Date:© City of Niagara Falls 5/16/2025 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Subject Lands Page 16 of 34 Page 135 of 596 Location Map Print Date:© City of Niagara Falls 5/16/2025 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Subject Lands Page 17 of 34 Page 136 of 596 CARLTON AVENUEGARAGE S/W S/W S/W S/W PROP. DRIVEWAY 45.36m2 (488.25ft2) GARAGEGARAGEGARAGEGARAGE N2°46'30"W 15.67N87°11'10"E 29.02 GARAGEGARAGE S/W S/W PART 1 PART 2 S/W PRIVATE ROADWAY D/W D/W D/W D/W D/W D/W D/W PROP 1.8m WOOD BOARD ON BOARD FENCE PRIVACY SCREEN PRIVACY SCREEN PRIVACY SCREEN PRIVACY SCREEN PRIVACY SCREEN EX. SIDEWALK TO BE REMOVED EX BUILDING TO BE REMOVED 13.50m² SNOW STORAGE CANADA POST (1) MODULE EX SIDEWALK TO BE REMOVED N87°06'30"E 29.26 N3°39'50"W 15.63PROP WOOD FENCE PROP 1.8m WOOD BOARD ON BOARD FENCE PROP 1.8m WOOD BOARD ON BOARD FENCE PROP 1.8m WOOD BOARD ON BOARD FENCE PROP 1.8m WOOD BOARD ON BOARD FENCE 9.45 m² SNOW STORAGE 2.5m x 1.0m CONC.WASTE COLLECTION PADS FOR UNITS 1-4 1 2 3 4 5 6 7 PORTION OF EXISTING DECK TO BE REMOVED PROP. AMENITY AREA 123.53m2 NEW STAIR LOCATION RELOCATED STAIR 8.69m² ABOVE GRADE PROP LANDSCAPE AREA TREE PROTECTION FENCE TREE PROTECTION FENCE TREE PROTECTION FENCE TREE PROTECTION FENCE TREE PROTECTION FENCE 1 2 3 6111 CARLTON AVENUE NIAGARA FALLS SITE PLAN 02293-SP KEY PLAN NTS. FIRE ROUTE SIGN DETAIL OWNER: CURTIS BYRD & TANYA BYRD LEGEND LS CARLTON AVEFRANKLIN AVECULP ST SUBJECT LANDS ZONING MATRIX ZONING MATRIX LAND USE SCHEDULE SITE STATISTICS (PART 2)Page 18 of 34Page 137 of 596 Ground Floor 915 Second Floor 4115 Basement -3000 B/O Roof 7115 Grade 0 3,000 [9' - 10"]914 [3' - 0"]3,200 [10' - 6"]3,000 [9' - 10"]2,130 [7' - 0"]3,000 [9' - 10"]9,245 [30' - 4"]OFF-WHITE BRICK FACADE BLACK MULLIONS BLACK FASCIA DETAILING BLACK STEEL RAILING PRIVACY FROSTED GLASS ENTRY CHARCOAL-COLOURED ASPHALT SHINGLES STAINED WHITE OAK APPEARANCE STAINED WHITE OAK APPEARANCE EXTENT OF BASEMENT BELOW T/O Townhouse Roof 9245 Ground Floor 915 Second Floor 4115 Basement -3000 B/O Roof 7115 Grade 09,245 [30' - 4"]3,000 [9' - 10"]2,130 [7' - 0"]3,000 [9' - 10"]3,200 [10' - 6"]914 [3' - 0"]3,000 [9' - 10"]OFF-WHITE BRICK BLACK MULLIONS BLACK FASCIA DETAILING BLACK STEEL RAILING CHARCOAL-COLOURED ASPHALT SHINGLES OFF-WHITE VINYL SIDING EXTENT OF BASEMENT BELOW T/O Townhouse Roof 9245 1. Copyright of this drawing is reserved by the Architect. The drawing and all associated documents are an instrument of service by the Architect. The drawing and the information contained therein may not be reproduced in whole or in part without prior written permission of the Architect.2. These Contract Documents are the property of the Architect. The Architect bears no responsibility for the interpretation of these documents by the Contractor. Upon written application, the Architect will provide written/graphic clarification or supplementaryinformation regarding the intent of the Contract Documents. The Architect will review Shop Drawings submitted by the Contractor for design conformance only.3. Drawings are not to be scaled for construction. The Contractor is to verify all existing conditions and dimensions required to perform the work and report any discrepancies with the Contract Documents to the Architect before commencing any work.4. Positions of exposed finished mechanical or electrical devices, fittings, and fixtures are indicated on architectural drawings. The locations shown on the architectural drawings govern over the Mechanical and Electrical drawings. Those items not clearly located will be located as directed by the Architect.5. These drawings are not to be used for construction unless noted below as "Issuance: For Construction"6. All work is to be carried out in conformance with the Code and Bylaws of the authorities having jurisdiction.7. The Architect of these plans and specifications gives no warranty or representation to any party about the constructability of the building(s) represented by them. All contractors or subcontractors must satisfy themselves when bidding and at all times ensure that they can properly construct the work represented by these plans. SCALE PROJECT NUMBER DATE CLIENT DRAWN BY SHEET TITLE PROJECT NOTES 168 BONIS AVE. | TORONTO, ON | M1T 3V6647.878.9779 | info@svima.ca | svima.ca SEAL & SIGNATURE 1 : 75 A-2.01 Elevations - Units 1-6 North + South 22190 Issue Date Owner Author Carlton Townhouses 6111 Carlton Ave. Niagara Falls, ON, L2G 5J8 1 : 75 North Elevation - Units 1-61 1 : 75 South Elevation - Units 1-52 No.Description Date 1 Site Plan Approval 2023-01-13 2 Issued for Submission 2023-08-24 3 Issued for Submission 2023-09-05Page 19 of 34Page 138 of 596 Ground Floor 915 Second Floor 4115 Basement -3000 B/O Roof 7115 Grade 0 3,000 [9' - 10"]9,245 [30' - 4"]3,000 [9' - 10"]914 [3' - 0"]3,200 [10' - 6"]3,000 [9' - 10"]2,130 [7' - 0"]OFF-WHITE BRICK FACADE BLACK MULLIONS BLACK FASCIA DETAILING BLACK STEEL RAILING PRIVACY FROSTED GLASS ENTRY CHARCOAL-COLOURED ASPHALT SHINGLES STAINED WHITE OAK APPEARANCE T/O Townhouse Roof 9245 Ground Floor 915 Second Floor 4115 Basement -3000 B/O Roof 7115 Grade 09,245 [30' - 4"]3,000 [9' - 10"]2,130 [7' - 0"]3,000 [9' - 10"]3,200 [10' - 6"]914 [3' - 0"]3,000 [9' - 10"]OFF-WHITE BRICK BLACK MULLIONS BLACK FASCIA DETAILING BLACK STEEL RAILING CHARCOAL- COLOURED ASPHALT SHINGLES OFF-WHITE VINYL SIDING T/O Townhouse Roof 9245 1. Copyright of this drawing is reserved by the Architect. The drawing and all associated documents are an instrument of service by the Architect. The drawing and the information contained therein may not be reproduced in whole or in part without prior written permission of the Architect.2. These Contract Documents are the property of the Architect. The Architect bears no responsibility for the interpretation of these documents by the Contractor. Upon written application, the Architect will provide written/graphic clarification or supplementaryinformation regarding the intent of the Contract Documents. The Architect will review Shop Drawings submitted by the Contractor for design conformance only.3. Drawings are not to be scaled for construction. The Contractor is to verify all existing conditions and dimensions required to perform the work and report any discrepancies with the Contract Documents to the Architect before commencing any work.4. Positions of exposed finished mechanical or electrical devices, fittings, and fixtures are indicated on architectural drawings. The locations shown on the architectural drawings govern over the Mechanical and Electrical drawings. Those items not clearly located will be located as directed by the Architect.5. These drawings are not to be used for construction unless noted below as "Issuance: For Construction"6. All work is to be carried out in conformance with the Code and Bylaws of the authorities having jurisdiction.7. The Architect of these plans and specifications gives no warranty or representation to any party about the constructability of the building(s) represented by them. All contractors or subcontractors must satisfy themselves when bidding and at all times ensure that they can properly construct the work represented by these plans. SCALE PROJECT NUMBER DATE CLIENT DRAWN BY SHEET TITLE PROJECT NOTES 168 BONIS AVE. | TORONTO, ON | M1T 3V6647.878.9779 | info@svima.ca | svima.ca SEAL & SIGNATURE 1 : 50 A-2.04 1to50 Elevations - Units 1-6 North + South 22190 Issue Date Owner Author Carlton Townhouses 6111 Carlton Ave. Niagara Falls, ON, L2G 5J8 1 : 50 North Elevation - Units 1-51 1 : 50 South Elevation - Units 1-52 No.Description Date 1 Site Plan Approval 2023-01-13 2 Issued for Submission 2023-08-24 3 Issued for Submission 2023-09-05Page 20 of 34Page 139 of 596 Ground Floor 915 Second Floor 4115 Basement -3000 B/O Roof 7115 Grade 09245 [30' - 4"]3000 [9' - 10"]2130 [7' - 0"]3000 [9' - 10"]4115 [13' - 6"]3000 [9' - 10"]OFF-WHITE BRICK BLACK MULLIONS BLACK STEEL RAILING BLACK FASCIA DETAILING OFF-WHITE VINYL SIDING T/O Townhouse Roof 9245 Ground Floor 915 Second Floor 4115 Basement -3000 B/O Roof 7115 Grade 09,245 [30' - 4"]3,000 [9' - 10"]2,130 [7' - 0"]3,000 [9' - 10"]3,200 [10' - 6"]914 [3' - 0"]3,000 [9' - 10"]BLACK FASCIA DETAILING BLACK STEEL RAILING STAINED WHITE OAK APPEARANCE OFF-WHITE BRICK FACADE CHARCOAL-COLOURED ASPHALT SHINGLES OFF-WHITE VINYL SIDING T/O Townhouse Roof 9245 1. Copyright of this drawing is reserved by the Architect. The drawing and all associated documents are an instrument of service by the Architect. The drawing and the information contained therein may not be reproduced in whole or in part without prior written permission of the Architect.2. These Contract Documents are the property of the Architect. The Architect bears no responsibility for the interpretation of these documents by the Contractor. Upon written application, the Architect will provide written/graphic clarification or supplementaryinformation regarding the intent of the Contract Documents. The Architect will review Shop Drawings submitted by the Contractor for design conformance only.3. Drawings are not to be scaled for construction. The Contractor is to verify all existing conditions and dimensions required to perform the work and report any discrepancies with the Contract Documents to the Architect before commencing any work.4. Positions of exposed finished mechanical or electrical devices, fittings, and fixtures are indicated on architectural drawings. The locations shown on the architectural drawings govern over the Mechanical and Electrical drawings. Those items not clearly located will be located as directed by the Architect.5. These drawings are not to be used for construction unless noted below as "Issuance: For Construction"6. All work is to be carried out in conformance with the Code and Bylaws of the authorities having jurisdiction.7. The Architect of these plans and specifications gives no warranty or representation to any party about the constructability of the building(s) represented by them. All contractors or subcontractors must satisfy themselves when bidding and at all times ensure that they can properly construct the work represented by these plans. SCALE PROJECT NUMBER DATE CLIENT DRAWN BY SHEET TITLE PROJECT NOTES 168 BONIS AVE. | TORONTO, ON | M1T 3V6647.878.9779 | info@svima.ca | svima.ca SEAL & SIGNATURE 1 : 50 A-2.05 1to50 Elevations - Units 1-6 East + West 22190 Issue Date Owner Author Carlton Townhouses 6111 Carlton Ave. Niagara Falls, ON, L2G 5J8 1 : 50 West Elevation - Units 1-52 1 : 50 East Elevation - Units 1-51 No.Description Date 1 Site Plan Approval 2023-01-13 2 Issued for Submission 2023-08-24 3 Issued for Submission 2023-09-05Page 21 of 34Page 140 of 596 Ground Floor 915 Second Floor 4115 Basement -3000 T/O Detached Roof 9657 B/O Roof 7115 Grade 0 3,000 [9' - 10"]9,657 [31' - 8"]3000 [9' - 10"]914 [3' - 0"]3200 [10' - 6"]3000 [9' - 10"]2542 [8' - 4"]OFF-WHITE BRICK FACADE BLACK MULLIONS BLACK FASCIA DETAILING BLACK STEEL RAILING PRIVACY FROSTED GLASS ENTRY STAINED WHITE OAK APPEARANCE Ground Floor 915 Second Floor 4115 Basement -3000 T/O Detached Roof 9657 B/O Roof 7115 Grade 09,657 [31' - 8"]3,000 [9' - 10"]2,542 [8' - 4"]3,000 [9' - 10"]3,200 [10' - 6"]914 [3' - 0"]3,000 [9' - 10"]OFF-WHITE BRICK BLACK MULLIONS BLACK FASCIA DETAILING BLACK STEEL RAILING OFF-WHITE VINYL SIDING 1. Copyright of this drawing is reserved by the Architect. The drawing and all associated documents are an instrument of service by the Architect. The drawing and the information contained therein may not be reproduced in whole or in part without prior written permission of the Architect.2. These Contract Documents are the property of the Architect. The Architect bears no responsibility for the interpretation of these documents by the Contractor. Upon written application, the Architect will provide written/graphic clarification or supplementaryinformation regarding the intent of the Contract Documents. The Architect will review Shop Drawings submitted by the Contractor for design conformance only.3. Drawings are not to be scaled for construction. The Contractor is to verify all existing conditions and dimensions required to perform the work and report any discrepancies with the Contract Documents to the Architect before commencing any work.4. Positions of exposed finished mechanical or electrical devices, fittings, and fixtures are indicated on architectural drawings. The locations shown on the architectural drawings govern over the Mechanical and Electrical drawings. Those items not clearly located will be located as directed by the Architect.5. These drawings are not to be used for construction unless noted below as "Issuance: For Construction"6. All work is to be carried out in conformance with the Code and Bylaws of the authorities having jurisdiction.7. The Architect of these plans and specifications gives no warranty or representation to any party about the constructability of the building(s) represented by them. All contractors or subcontractors must satisfy themselves when bidding and at all times ensure that they can properly construct the work represented by these plans. SCALE PROJECT NUMBER DATE CLIENT DRAWN BY SHEET TITLE PROJECT NOTES 168 BONIS AVE. | TORONTO, ON | M1T 3V6647.878.9779 | info@svima.ca | svima.ca SEAL & SIGNATURE 1 : 50 A-2.06 1to50 Elevations - Units 7-8 North + South 22190 Issue Date Owner Author Carlton Townhouses 6111 Carlton Ave. Niagara Falls, ON, L2G 5J8 No.Description Date 1 Site Plan Approval 2023-01-13 2 Issued for Submission 2023-08-24 3 Issued for Submission 2023-09-05 1 : 50 North Elevation - Units 7-81 1 : 50 South Elevation - Unit 7-82Page 22 of 34Page 141 of 596 Ground Floor 915 Second Floor 4115 Basement -3000 T/O Detached Roof 9657 B/O Roof 7115 Grade 09,657 [31' - 8"]3,000 [9' - 10"]2,542 [8' - 4"]3,000 [9' - 10"]3,200 [10' - 6"]914 [3' - 0"]3,000 [9' - 10"]OFF-WHITE BRICK BLACK MULLIONS BLACK FASCIA DETAILING CHARCOAL-COLOURED ASPHALT SHINGLES OFF-WHITE VINYL SIDING Ground Floor 915 Second Floor 4115 Basement -3000 T/O Detached Roof 9657 B/O Roof 7115 Grade 02,542 [8' - 4"]3,000 [9' - 10"]3,200 [10' - 6"]914 [3' - 0"]3,000 [9' - 10"]9,657 [31' - 8"]3,000 [9' - 10"]OFF-WHITE BRICK BLACK MULLIONS BLACK FASCIA DETAILING BLACK STEEL RAILING CHARCOAL-COLOURED ASPHALT SHINGLES STAINED WHITE OAK APPEARANCE OFF-WHITE VINYL SIDING 1. Copyright of this drawing is reserved by the Architect. The drawing and all associated documents are an instrument of service by the Architect. The drawing and the information contained therein may not be reproduced in whole or in part without prior written permission of the Architect.2. These Contract Documents are the property of the Architect. The Architect bears no responsibility for the interpretation of these documents by the Contractor. Upon written application, the Architect will provide written/graphic clarification or supplementaryinformation regarding the intent of the Contract Documents. The Architect will review Shop Drawings submitted by the Contractor for design conformance only.3. Drawings are not to be scaled for construction. The Contractor is to verify all existing conditions and dimensions required to perform the work and report any discrepancies with the Contract Documents to the Architect before commencing any work.4. Positions of exposed finished mechanical or electrical devices, fittings, and fixtures are indicated on architectural drawings. The locations shown on the architectural drawings govern over the Mechanical and Electrical drawings. Those items not clearly located will be located as directed by the Architect.5. These drawings are not to be used for construction unless noted below as "Issuance: For Construction"6. All work is to be carried out in conformance with the Code and Bylaws of the authorities having jurisdiction.7. The Architect of these plans and specifications gives no warranty or representation to any party about the constructability of the building(s) represented by them. All contractors or subcontractors must satisfy themselves when bidding and at all times ensure that they can properly construct the work represented by these plans. SCALE PROJECT NUMBER DATE CLIENT DRAWN BY SHEET TITLE PROJECT NOTES 168 BONIS AVE. | TORONTO, ON | M1T 3V6647.878.9779 | info@svima.ca | svima.ca SEAL & SIGNATURE 1 : 50 A-2.07 1to50 Elevations - Units 7-8 East+ West 22190 Issue Date Owner Author Carlton Townhouses 6111 Carlton Ave. Niagara Falls, ON, L2G 5J8 No.Description Date 1 Site Plan Approval 2023-01-13 2 Issued for Submission 2023-08-24 3 Issued for Submission 2023-09-05 1 : 50 West Elevation - Units 7-82 1 : 50 East Elevation - Units 7-8 - 1 to 501Page 23 of 34Page 142 of 596 CARLTON AVENUEGARAGEGARAGEGARAGEGARAGEGARAGEN2°46'30"W 15.67 N87°11'10"E 29.02GARAGEGARAGEPRIVATEROADWAYPROP 1.8m WOODBOARD ON BOARDFENCE13.50m²SNOWSTORAGECANADA POST(1) MODULEN87°06'30"E 29.26N3°39'50"W 15.63PROP WOOD FENCEPROP 1.8m WOODBOARD ON BOARDFENCEPROP 1.8mWOODBOARD ON BOARDFENCEPROP 1.8m WOODBOARD ON BOARD FENCEPROP 1.8m WOODBOARD ON BOARDFENCEPART 1RETAINED LANDS0.045ha (0.1112 ac)PART 2SEVERED LANDS0.290ha (0.716 ac)9.45 m²SNOWSTORAGEDWYDWYDWYDWYDWYDWYDWY2.5m x 1.0m CONC.WASTECOLLECTION PADS FORUNITS 1-41234567NEW STAIR LOCATIONRELOCATEDSTAIR8.69m²ABOVE GRADEPROP.DRIVEWAY(45.36m²)EXCL. USEEXCL. USEEXCL. USEEXCL. USEEXCL. USEEXCL. USEEXCL. USESIWSIWSIWSIWSIWSIWDECKDECKDECKDECKDECKDECKDECKTREE PROTECTIONFENCETREE PROTECTIONFENCETREE PROTECTIONFENCETREE PROTECTIONFENCETREE PROTECTIONFENCE6111 CARLTON AVENUE CITY OF NIAGARA FALLS02293-DPDRAFT PLAN OF VACANTLAND CONDOMINIUMOWNER'S CERTIFICATEDRAFT PLAN OF VACANT LAND CONDOMINIUMLEGAL DESCRIPTIONREQUIREMENTS OF SECTION 51(17)OF THE PLANNING ACTSURVEYOR'S CERTIFICATEKEY PLAN PART OF LOTS 12 & 13, REGISTERED PLAN No. 49;PLAN 59R-8795CITY OF NIAGARA FALLSREGIONAL MUNICIPALITY OF NIAGARACARLTON AVE FRANKLIN AVE CULP STSUBJECT LANDSSITE STATISTICS (PART 2)Page 24 of 34Page 143 of 596 Conditions of Draft Plan of Condominium Approval 1.Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, February 29, 2024, showing 6 townhouse dwelling units, 2 semi-detached dwelling units as well as common elements and a private road. Legal Services 2.The developer enters into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the 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 developer submits a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. Planning and Development Services 4.The 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. 5.The developer provides a 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. 6.That the concurrent Zoning By-law Amendment comes into force and effect to provide land use regulations to guide the development of the subdivision. 7.The developer shall provide a Cash-in-lieu payment for parkland dedication at the current prescribed rate of 5% for residential uses as determined by a qualified appraiser at the cost by the developer. 8.The developer provides a Landscape Plan prepared and stamped by a Landscape Architect (OALA) conforming to the City’s Site Plan Guidelines and addressing the Landscape Architecture comments dated February 6, 2025. 9.The developer must illustrate overhead and underground utilities, as well as utility boxes, on the Landscape Plan to ensure there is no conflict with proposed trees and site amenities. These features should be clearly identified and properly labeled. 10.Construction-level details for all site-specific elements shown on the Landscape Plan shall be provided for review. These details are essential to ensuring a cohesive and functional urban design that meets user needs and enhances the overall site experience. Please include precise construction details for site elements as part of your submission. 11.A Tree Inventory and Preservation Plan shall be provided. The plan shall be developed by a certified/licensed professional Arborist or a licensed Ontario Landscape Architect 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 the adjacent Page 25 of 34 Page 144 of 596 2 landowner(s). The recommendations of the Plan shall be implemented prior to approval, including potential modifications to the project layout, site servicing, site grading, and photometric plans. Please refer to the City’s Site Plan Guidelines for further drawing requirements and site design. 12. Privacy fencing shall be provided where the property abuts existing residential lands. Chain- link fence does not act as appropriate privacy fencing. Screening should be considered between the backyards of units. 13. A detailed Landscape Cost Estimate shall be provided that should reflect current market pricing. The landscape cost estimate forms a portion of the security deposit. Should the work not be completed or deficiencies not be addressed, the city will use the security deposit to perform the work. Information Services (GIS) 14. The developer provides a unit number plan depicting unit number 1 starting on the east side of the property and ascending to 8 towards the west side of the property.. Municipal Works (Development Services) 15. The developer provides to the City all necessary design reports and plans for review and approval prior to start of construction. 16. The developer designs and constructs the roadways within the proposed development in accordance with City Engineering Design Guidelines. 17. The developer designs and constructs all underground services and stormwater management facilities within the proposed development in accordance with Ministry of the Environment, Conservation, and Parks requirements, City Engineering Design Guidelines, and the recommendations of the third-party infrastructure modeling assessment. 18. The developer submit a Functional Servicing Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the existing and proposed watermains and sanitary sewers are sufficient to service the proposed development. 19. The developer submits a Stormwater Management Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the proposed storm sewers and stormwater management facilities are sufficient to service the proposed development. 20. The developer design and construct the lot grading in accordance with the City’s Lot Grading & Drainage Policy, as amended, and City Engineering Design Guidelines. 21. The developer designs the lighting by a professional engineer licensed to practice in the province of Ontario and that lighting be independently powered and metered. 22. The developer pays the Administration Fee in accordance with the latest version of the City’s Schedule of Fees. Page 26 of 34 Page 145 of 596 3 23. The developer pays the applicable development charges in place at the time of agreement execution and Building Permit issuance in accordance with the latest version of the City’s Development Charges By-law. 24. The developer’s engineering consultant provide written certification 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. Fire Services 25. 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. This includes but is not limited to the identified fire access route and private fire hydrants if required. 26. The fire route will be required 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. 27. The developer is responsible for the cost of the signage as well as the installation of signage that complies with the fire access route by-law at the expense and responsibility of the developer/owner. Bell Canada 28. 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. 29. 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. Note: It is the responsibility of the Owner to provide entrance/service ducts 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 may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. Enbridge Gas 30. 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 (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. 31. 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. 32. 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. Page 27 of 34 Page 146 of 596 4 Canada Post 33. The owner shall complete to the satisfaction of Canada Post: a) Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i) that the home/business mail delivery will be from a designated Centralized Mail Box. ii) that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. b) The owner further agrees to: i) 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. ii) 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. iii) 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. iv) 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. Niagara Region Archaeology 34. That the following warning clause is included within the condominium agreement to protect for any potential archaeological resources that may be encountered during construction activities: “If deeply buried or previously undiscovered archaeological remains/resources are found during development activities on the subject lands, all activities must stop immediately. If the discovery is human remains, contact the police and coroner to secure the site. If the discovery is not human remains, the area must be secured to prevent site disturbance. The Page 28 of 34 Page 147 of 596 5 project proponent must then follow the steps outlined in the Niagara Region Archaeological Management Plan: Appendix C.” Waste Collection 35. That the owner/developer ensure that all streets and development blocks can provide access in accordance with Niagara Region’s Corporate Policy and By-laws relating to the curbside collection of waste and complete the Application for Commencement of Collection prior to waste collection services commencing. 36. In order to be eligible for Regional curbside waste collection services, the owner will be required to provide a temporary turnaround/cul-de-sac with a minimum curb radius of 12.8 metres for all dead-end streets. 37. 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).” 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 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. • 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 can be sent directly to the Region with a copy provided to the local municipality. 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: Page 29 of 34 Page 148 of 596 6 - Legal Services for Conditions 2-3 (inclusive) - Planning & Development for Conditions 4-13 (inclusive) - Information Systems (GIS) for Condition 14 - Municipal Works (Development Services) for Conditions 15-24 (inclusive) - Fire Services for Conditions 25-27 (inclusive) - Bell Canada for Condition 28-29 (inclusive) - Enbridge Gas for Condition 30-32 (inclusive) - Canada Post for Condition 33 - Region of Niagara for Conditions 34-7 (inclusive) Page 30 of 34 Page 149 of 596 1 Draft Zoning By-law Amendment Schedule X 6111 Carlton Avenue, Niagara Falls THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW NO. _____ A BY-LAW TO AMEND BY-LAW NO. 79-200, to regulate Part of Lot 12 Registered Plan 49 Being Part 1 on 59R-8795 & Part of Lot 13 Registered Plan 49, Stamford as in RO613792; Niagara Falls, Regional Municipality of Niagara. 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 and shall be referred to in this by-law as the “Lands”. Schedule 1 forms part of this by-law. 2. The purpose of this by-law is to repeal the zoning on the subject lands “Residential 1E Density Zone (R1E)” and to replace it with Site-Specific Residential low density, grouped multiple dwellings zone (R4-XX) on Part 2 of Schedule 1, and Site-Specific Residential 1E Density Zone (R1E-XX) on Part 1 of Schedule 1, and to permit the lands to be developed in a manner that would otherwise be prohibited by that 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 provision of this by-law shall prevail. 3. Notwithstanding the provisions of By-law No. 79-200 to the contrary, the permitted uses and regulations of the R4 Zone shall apply, notwithstanding the additional provisions outlined below: Site-Specific Residential low density, grouped multiple dwellings zone (R4-XX) Permitted Uses single detached dwelling Minimum Lot Frontage 7.2 metres Minimum Rear Yard Depth 1.4 metres for block townhouse dwelling Page 31 of 34 Page 150 of 596 2 Minimum Interior Side Yard 1.5 metres for block townhouse dwelling and 3.85 metres for attached garage of single detached dwelling Number of dwellings on one lot Single detached dwellings to be permitted Minimum Privacy Yard Depth for each Townhouse Dwelling Unit Minimum privacy yard depth of 3.85 metres to attached garage of single detached dwellings; Minimum privacy yard depth of 6.0 metres to unit for single detached dwelling Maximum Projection of a Roofed- over One Storey porch of a Block Townhouse Dwelling Covered porch may be located within 1.8 metres of the rear lot line 4. Notwithstanding the provisions of By-law No. 79-200 to the contrary, the permitted uses and regulations of the R1E Zone shall apply, notwithstanding the additional provisions outlined below: Site-Specific Residential 1E Density Zone (R1E-XX) Minimum Rear Yard Depth 3.5 metres 5. 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. 6. No person shall use the Lands for a use that is not a permitted use. 7. No person shall use the Lands in a manner that is contrary to the regulations. 8. The provisions of this by-law shall be shown on Sheet X of Schedule “A” of By-law No. 79-200 by re-designating the Lands from R1E to R4-____ and R1E-____. Surface Parking Area at least 3 Metres in Width Unit 6 of the block townhouse dwelling be permitted to have a parking space with a minimum perpendicular length of 5.27 metres Page 32 of 34 Page 151 of 596 3 9. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.x.x Refer to By-law 2025-___. Passed this ____ day of _____, 2025. READ A FIRST, SECOND AND THIRD TIME THIS _____ DAY OF ____, 2025. ________________________________________ _________________________________ MAYOR CITY CLERK Page 33 of 34 Page 152 of 596 SCHEDULE 'A' OF ZONING BY-LAW AMENDMENT No.____ MAYOR: CLERK: 6111 CARLTON AVENUELEGEND CARLTON AVENUEEX. RESIDENTIAL EX. RESIDENTIAL PART 1PART 2 PART 2 - FROM RESIDENTIAL LOW DENSITY (R1E), TO SITE SPECIFIC RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (R4-XX) PART 1 - FROM RESIDENTIAL LOW DENSITY (R1E), TO SITE SPECIFIC RESIDENTIAL LOW DENSITY (R1E-XX)Page 34 of 34Page 153 of 596 Address: 6111 Carlton Avenue Applicant: Eric Byrd and Tanya Byrd Proposal: A rezoning to permit the construction of 6 Townhouse Dwellings and one detached dwellings along a private roadway Zoning By-law Amendment and Draft Plan of Condominium Application AM-2024-002 & 26CD-11-2024-007 Page 154 of 596 A GREAT CITY…FOR GENERATIONS TO COME Background Proposal The application is to rezone the subject lands to a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) Zone to permit the construction of 6 townhouse dwellings and one detached dwellings along a private roadway and to be constructed through a Draft Plan of Condominium. The original submission included 8 units consisting of 6 townhouse dwellings and 2 semi-detached dwellings, but after concerns were raised from the surrounding neighbours, the proposal was revised to remove one of the semi-detached units to provide more parking. Official Plan The subject lands are designated Residential. The application conforms to the Official Plan and no change in designation is required to facilitate the proposed application. Zoning By-law No. 79-200 The subject lands are currently zoned Residential 1E Density (R1E) Zone in accordance with Zoning By-law 79-200. Page 155 of 596 A GREAT CITY…FOR GENERATIONS TO COME Location Subject Lands Detached Dwellings Detached Dwellings Page 156 of 596 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Provision Requested Relief Permitted use A detached dwelling Minimum lot frontage 7.23 m Minimum rear yard depth 1.46 m Minimum side yard width 3.9 m (unit 7) 1.54 m (unit 6)Page 157 of 596 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Provision Requested Relief Number of dwellings on one lot Block townhouse dwellings and one detached dwelling Minimum privacy yard depth 3.9 metres to the garage and 6 metres to the dwelling (unit 7 only) 7.61 m for Units 1-6 Parking space length 5.27 m Page 158 of 596 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •A public open house was held on February 13, 2025, and attended by 19 members of the public. Written comments were also received by Staff. A summary of their concerns and Staff responses are summarized below: Concern Response Lack of on-site and on-street parking The applicant has removed one of the units to provide more on-site parking. The parking requirement has now been met. Fencing/ Privacy The applicant has agreed to install fencing around the perimeter of the subject lands. Increased traffic The development is expected to create less than 5 new bidirectional trips in the peak hours. Density A density range of 20-40 units per hectare is permitted in the Residential designation. The calculated density for this proposal is 24.1 units per hectare.Page 159 of 596 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments Concern Response Potential use of Vacation Rental Units (VRU’s)VRU’s are not permitted in this zone and illegally established VRU’s will be enforced by the By-law Division Servicing The submitted Functional Servicing Report did not identify any servicing issues and Public Works staff have no objections Snow storage 2 locations for snow storage are identified on the west and south ends of the property Large vehicle presence Fencing will be established around the subject lands and garbage trucks will visit the site infrequently and during day-time hours Property values There is no evidence to suggest a proposed similar use will negatively impact property values Page 160 of 596 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development conforms with Provincial, Regional, and City policies as it is transit supportive and supports the achievement of a complete community, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents. •The proposal will minimize urban land consumption and efficiently use underutilized land and is serviced by existing municipal services with no traffic/transportation impacts expected. •The introduction of additional multiple dwellings will contribute to the diversification of housing supply within the urban area as prescribed by the 2024 Provincial Planning Statement (PPS) as well as the Regional and City Official Plans.Page 161 of 596 A GREAT CITY…FOR GENERATIONS TO COME Recommendations •That Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) Zone to facilitate the construction of 6 townhouse dwellings and one detached dwelling along a private roadway and a site-specific Residential 1E Density zone (R1E) to recognize the existing dwelling, as outlined in this report. •That the Draft Plan of Vacant Land Condominium be draft APPROVED subject to the conditions outlined in the report.Page 162 of 596 6111 CARLTON AVENUE NIAGARA FALLS, ONTARIO ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF VACANT LAND CONDOMINIUM Eric Beauregard, MA Planning Coordinator Upper Canada Consultants Page 163 of 596 Site Context Barker Street Subject Lands •Address: 6111 Carlton Avenue •Area:0.335 ha (0.828acres) •Designated Residential in the Official Plan •Residential Low Density (R1E) Zone •Existing single detached dwelling Surrounding Area •Single detached dwellings •Residential, Institutional uses to the south •Commercial uses to the north on Lundy’s Lane SUBJECT LANDS Page 164 of 596 Proposed Development Private Road Development (VLC) Single Detached Dwelling (1 Unit) Block Townhouse Dwelling (6 Units) Existing dwelling to be retainedPage 165 of 596 Zoning By-law Amendment Page 166 of 596 Draft Plan of Vacant Land Condominium Page 167 of 596 Supporting Studies Type Author Key Findings Functional Servicing Report Upper Canada Consultants •Details how the development will be connected to municipal water, sanitary and stormwater systems •Confirms that adequate capacity exists in the municipal systems for the proposed development Tree Inventory and Preservation Plan Jackson Arboriculture Inc. •Contains an inventory of existing trees •Identifies trees to be preserved, and preservation methods to be employed. Parking Study Paradigm Transportation Solutions Ltd. •The proposed development meets the parking space requirements of Zoning By-law 79-200.Page 168 of 596 Thank You -Questions? Page 169 of 596 Condominium Project at 6111 Carlton Avenue, Niagara Falls, Ontario Comments from Catherine Bowman, Pursuant to the community meeting on February 13, 2025, here is some further information about my recommendations and a few other observations. Also, has this developer built other similar projects in the area? If so, where? I would like to go and see them. Recommendations 1. Review of water and sewer systems Since there were several comments about this during the meeting, it would seem worthwhile to check the age, capacity and condition of the water and sewer mains and related piping in the area. Some of the pipes are at least 100 years old and certainly were never intended to bear the current load. Could adding more dwellings cause delivery issues or accelerate breakage? There are also other projects in the area and such concerns will certainly be expressed for them too. A review now would provide useful information for other meetings. The response to the question about storm management was informative and seems satisfactory. 2. Traffic and safety study during student drop-off and pick-up at Princess Margaret school Temporary parking and traffic around the school in mornings and afternoons is an issue, particularly for residents on Carlton and on Culp Street. Bridge Park is also the site for baseball leagues and soccer games during the summer and the parking lot is meant for their use too, with cars parked along the streets as well. There are 2 crossing guards at the Carlton/Culp intersection. There are also a number of pedestrians. Many children are driven to school along Carlton, Corwin, Culp and Franklin; those I see walking down Corwin are usually accompanied by an adult or older child. A few children pass by alone, often running because they are late. (Running kids don’t pay much attention to traffic.) The mornings would be the time when people are coming out of their driveways to go to work; driveway access might not be such an issue during the afternoon pick-up time. Since driveways are often temporarily blocked, this could be a problem for the project’s residents. Simply counting the cars would not be sufficient to really understand the parking situation on Carlton Avenue. Photographs with date and time stamps would be useful to understand the dynamics. Photos along Carlton from just below Barker and from Culp, and along Culp from Corwin and from Franklin, would be informative. This is a very dynamic time, with cars stopping for a while then leaving and being replaced by others. Add running children to the mix… Other comments On-street parking: In order to be accepted, a project like this one would need to fit in with the neighbourhood and not inconvenience existing homeowners. This area is not a high- Page 170 of 596 density urban environment like central Toronto, so the assumptions in the report are not valid here. People in large cities are used to having to circle the block a few times to find a parking spot. Here they are not. Parking a five-minute walk away from home would not be acceptable for homeowners in Niagara Falls. Furthermore, when cars are parked on both sides of the street in this area, passage between them is difficult as best. And overnight on- street parking is not allowed in winter, for obvious reasons. I believe that overnight parking is not allowed at Bridge Park anytime. I know nothing about vehicle permits. Something else you should know, and I think this would apply in other neighbourhoods, is that homeowners here don’t want other people parking in front of their properties. A couple of hours, occasionally, would be tolerated, but not as a permanent situation. In fact, one of my former neighbours was blackballed and ostracized because he regularly had cars parked on the street in front of neighbours’ houses. (He operated a limousine service from home. His limos were usually, but not always, in his driveway or in front of his house, but his drivers parked elsewhere on the street, sometimes for hours at a time.) There were many complaints to the City at the time, and the family was harassed. His wife told me they actually received hate mail and threats, which was the reason they moved as soon as they could find an adequate location. The 6-foot private road width is too narrow for passing. Would this not hamper emergency vehicles (fire, ambulance, police) as several usually show up for a call? Snow removal would definitely be challenging. (Apparently the developers believe this isn’t their problem, “it’s up to the condominium manager”! They are wrong.) Although I am not happy about the extra noise, dust and commotion from the new construction and resulting homes, I am not averse to the general idea. I have often thought it unfortunate that the property was unused, untended and ignored, although I enjoyed the blooming apple tree and the rabbits and other wildlife that lived there. (The coyotes seem to be fairly recent arrivals, although they have been running along Corwin Avenue for several years, eyeing dog-walkers and killing pets). However, I am not impressed by the way homes have been shoehorned into the space. There is little space for children to play, no room for trees, limited green space. (Hardscape “landscaping” doesn’t count!) Page 171 of 596 Page 172 of 596 Page 173 of 596 Page 174 of 596 Outlook [EXTERNAL]-Project 6111 Carlton Ave. Niagara Falls. From Piotr Starzeba Date Sat 3/29/2025 12:26 PM To Chris Roome <croome@niagarafalls.ca> Hello, We just wanted to let you know that we received your letter about the project at 6111 Carlton Ave. Niagara Falls. Plan 49 PT LOTS 12.13; 59R8795 PT 01 Assessment Roll No.: 272507991406800 We are homeowners at We say: YES to this project. Sincerely, Peter and Monika Starzeba CAUTION: This email originated from outside of the organiza on. Do not click links or open a achments unless you recognize the sender and know the content is safe. Page 175 of 596 June 13, 2025 Mayor Diodati and Members of the City Council, City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: 6111 Carlton Avenue, Niagara Falls, Ontario Dear Mayor Diodati and Members of the Council: I am writing to express my concerns about the proposed development at 6111 Carlton Avenue. As a resident of Niagara Falls, I believe it is essential for the community to be fully informed and actively involved in decisions that could significantly impact the area. While I understand that development can bring economic benefits, I have several concerns regarding the impact this project may have on the local environment, traffic, infrastructure, and quality of life for existing residents. Specifically, I am worried about: 1. Traffic and Parking: The increase in population and vehicle traffic resulting from this development could put a strain on our already congested roads, making parking in the area more difficult for current residents. 2. Environmental Impact: I am concerned about the environmental effects of this development, particularly regarding the loss of green space, water drainage, and pollution. Ensuring that sustainable practices are employed would help mitigate these potential risks. 3. Community and Zoning: This development may not align with the community’s vision for its growth and could alter the character of our neighbourhood. I want to ensure that future developments are consistent with the values and needs of the people who live here. 4. Infrastructure and Public Services: Will our current infrastructure, including schools, utilities, and emergency services, be able to accommodate the increased demand resulting from this development? We must address these concerns to maintain a high quality of life for residents. 5. Overcrowding and Traffic Disruptions: Overcrowding and traffic disruptions near schools have become increasingly concerning issues, affecting students, parents, and the broader community. The congestion often results from limited parking spaces, improper drop-off and pick-up zones, and the sheer volume of vehicles during peak hours. This chaos poses safety risks for children crossing roads, contributes to pollution, and creates frustration for residents in the vicinity. Addressing these challenges requires improved urban planning and stricter enforcement of traffic rules in the area. 6. Damage to Property: Improper snow storage could damage landscaping, sidewalks, or infrastructure. 7. Safety Hazards: Large snow piles could obstruct visibility or become a slip-and-fall hazard. 8. Snow Melting: How does this development plan address melting large amounts of snow? In the proposed plan, there appears to be insufficient space to accommodate for snow. 9. Open House Discussion: To date, no meeting minutes have been provided by the City of Niagara Falls or Upper Canada Consulting. This suggests that residents' concerns will be ignored. o During the recent open house, several key topics were discussed. Residents expressed their concerns about the proposed development, emphasizing the need for thorough planning and community involvement. Issues such as traffic congestion, environmental impact, and the project's alignment with the community’s vision were highlighted. Attendees also raised questions about the adequacy of existing infrastructure and public services, as Page 176 of 596 well as the potential impact on the neighbourhood's character and quality of life. The importance of sustainable practices and effective snow management strategies was particularly stressed. Overall, the forum provided a platform for residents to voice their opinions and seek assurances that their concerns would be taken into account in the decision-making process. o Fencing Requirements: The property must have a fence that complies with city guidelines, using 6 x 6 posts at a minimum (Refer to the City of Niagara Falls site plan Guidelines, Pages 29, 30, 59, and 60), and a requested height of 8 feet by the residence. This ensures both security and aesthetic conformity with the development. It has been discussed that the fence should be built before commencing the townhouse development; however, there is no correspondence indicating that this matter was brought to the developer's attention. o Water Management Plan: One critical element that appears to be missing is a detailed water management plan. Understanding how the development will handle stormwater, prevent flooding, and maintain water quality is crucial to ensuring the project doesn’t negatively affect the surrounding environment and existing infrastructure. o Traffic and parking on Culp Street can often feel chaotic, especially in front of residential properties due to the nearby school. During drop-off and pick-up times, the area becomes congested with cars, causing frustrations for residents who struggle with obstructed driveways and limited parking options. The overflow of vehicles leads to tense encounters and a sense of disarray in what should be a quiet neighbourhood. This ongoing issue highlights the need for better traffic management and considerate parking solutions. o Short-Term Rentals: Converting these townhouses into short-term rentals raises several concerns. Existing short- term rentals have resulted in noise disturbances, overcrowding, parking issues, and a lack of regulation. To prevent the exacerbation of these issues, it is essential to implement and enforce strict guidelines effectively. The council must diligently manage and monitor these properties to uphold community cohesion and maintain residents' quality of life. Currently, on Culp Street, there is a short-term rental property advertised as a five- bedroom space that can accommodate up to 15 guests. Parking has become a persistent issue, as, at any given time, the rental's visitors occupy the driveway with two cars, park one on the boulevard, and use the parking lot across from the park for additional vehicles. This situation has resulted in noticeable congestion and inconvenience for neighbours like myself. I'm not sure if this has the approval of city bylaw officers, but it’s a single-family home, not a hotel. o Garbage Bins: The improper maintenance of the garbage area by townhouse residents attracts coyotes, raccoons, and rodents, thereby posing a safety risk to the community. o Conducting a preconstruction survey is an essential step to ensure the integrity of nearby residential properties before starting a new development. This comprehensive inspection helps document the condition of existing structures, identifying any vulnerabilities that could potentially be affected by construction activities. By proactively assessing risks, the survey serves as a safeguard, enabling developers to implement measures that prevent structural damage caused by vibrations, excavation, or other construction-related impacts. Ultimately, it fosters transparency and builds trust among property owners, ensuring the project proceeds responsibly and respectfully. I respectfully ask that the council consider these factors and take steps to address them in the planning process. It would be beneficial for all stakeholders to hold a forum to discuss the project's details, allowing residents to voice their concerns and participate in the decision-making process. Thank you for your time and attention to this matter. I look forward to hearing from you and hope that the council will take a thoughtful and balanced approach to this development. Phillip Custode ______________________________ Phillip Custode Page 177 of 596 Page 178 of 596 Page 179 of 596 PBD-2025-39 Planning Report Report to: Mayor and Council Date: June 17, 2025 Title: City Initiated Zoning By-law Amendment AM-2023-001 Zoning Consolidation Recommendation(s) 1. That Council APPROVE the amendments to the City’s Zoning By-law No. 79-200 and REPEAL By-law 395/66, By-law 1538 (1958) and By-law 70-69, as outlined in this report. Executive Summary This report recommends consolidating the City’s four existing Zoning By-laws into one comprehensive Zoning By-law (No. 79-200). The affected By-laws originate from the 1970 amalgamation of the City of Niagara Falls with Chippawa, Willoughby Township, and part of Crowland Township. Consolidation of these four Zoning By-laws will: Maintain all existing land use permissions. Enhance clarity and efficiency for the public and staff by providing a single zoning document. Continue protection of agricultural lands. This project aims to streamline and enhance the clarity of zoning regulations across the municipality, resulting in greater efficiency for both residents and developers. The amended Zoning By-law (79-200) proposes to: Rezone lands in Crowland (By-law 1538) (1958), Willoughby (By-law 395/66) and Humberstone (By-law 70-69) to their appropriate, corresponding zone in By-law No. 79-200. The corresponding zones will be expanded on under the ‘Zoning’ section of this report. Page 1 of 38 Page 180 of 596 Carry forward all site-specific zones and regulations from Crowland (By-law 1538) (1958), Willoughby (By-law 395/66) and Humberstone (By-law 70-69) into the consolidated Zoning By-law, regardless of their current conformity with the Official Plan. This approach ensures that all existing permissions are preserved through this administrative consolidation. A comprehensive conformity exercise will be undertaken following the approval of the new Official Plan and its implementing Zoning By-law to ensure that all zoning provisions align with updated land use policies and provincial planning direction. Carry forward definitions contained in Crowland (By-law 1538) (1958), Willoughby (By-law 395/66) and Humberstone (By-law 70-69) into the consolidated Zoning By-law, where definitions differ or do not exist. This is an administrative amendment only—no changes to permitted uses or zoning regulations are proposed. Background When Regional governance was established in 1970, the City of Niagara Falls amalgamated with Chippawa, Willoughby Township, and a small portion of Crowland Township. When the amalgamation occurred, the City adopted the area's respective Zoning By-laws. This resulted in four separate Zoning by-laws governing the City of Niagara Falls. These by-laws include: Zoning By-law No. 79-200, which governs the urban area of the City and the former Township of Stamford; Zoning By-law No. 395 (1966), which governs the former Willoughby Township; Zoning By-law No. 1538 (1958), which governs the former Crowland Township; and, Zoning By-law No. 70-69, which governs the Humberstone area within the City’s municipal boundary. Appendices 1-3 shows location maps for By-law No. 395 (1966), By-law No. 1538 (1958), and their boundaries. Circulation Comments Information about the proposed amendment was circulated to internal departments and external agencies. No objections or concerns were received. Public Comments Page 2 of 38 Page 181 of 596 Notice of the Open House was circulated via newspaper ad in the Niagara Falls review published on December 28th, 2024. Additionally, a mailout was sent to all properties located in the Niagara River Parkway Residential zone on December 21, 2024. Notice of the Public Meeting was circulated via newspaper on May 17th, 2025 and a mailout was sent to properties located in the Niagara River Parkway Residential zone on May 16th, 2025. Staff held a Public Open House on January 23, 2025, which was attended by 13 members of the public. In addition, to the comments from the open house, staff have received written comments. Key comments and responses are summarized below: Comments/Concerns/Questions City Response Detailed mapping of the proposed changes was requested. Draft schedules of the Willoughby, Humberstone and Crowland area have been provided with this report. Concerns about zoning changes This is a consolidation only; no new restrictions or land use changes are proposed. Property Tax implications The changes are administrative and do not affect land uses; no impact on assessed property value is anticipated. Analysis Provincial Policies The Provincial Planning Statement, 2024 (PPS 2024) provides a streamlined framework that integrates previous provincial policies and emphasizes housing supply, economic growth, and infrastructure coordination while maintaining protections for natural heritage and agricultural systems. Municipal planning decisions must be consistent with this document under the Planning Act. The proposed consolidation of the City’s legacy Zoning By-laws into a single comprehensive Zoning By-law (No. 79-200) is an administrative amendment. It does not change land use permissions or introduce new development potential but instead aligns existing permissions into a unified and modernized format. This approach is fully consistent with PPS 2024 for the reasons outlined below: Policy 2.1 – Strong, Sustainable Communities PPS 2024 promotes efficient, coordinated planning to support complete, resilient communities. Page 3 of 38 Page 182 of 596 2.1.1: Requires clear land use designations and standards. The consolidation improves clarity and administration without changing land use permissions. 2.1.2: Calls for up-to-date zoning frameworks to support timely decision-making. Outdated by-laws are merged into one comprehensive, modern by-law. Policy 2.2 – Housing Supply Although this amendment does not create new residential development permissions, PPS 2024 supports removing barriers to a range and mix of housing options. 2.2.1.2: Encourages zoning that enables diverse housing types. A single framework simplifies interpretation and supports faster approvals. 2.2.1.6: Requires zoning to reflect permissions for intensification and gentle density. Existing residential permissions are continued with no new restrictions. Policy 2.4 – Infrastructure and Public Service Facilities 2.4.1: Promotes efficient use of infrastructure. Clarified zoning around serviced areas supports coordinated growth and reduces delays. Policy 2.5 – Agriculture PPS 2024 prioritizes protecting prime agricultural land. 2.5.1: Protects prime agricultural areas for long-term use. Agricultural zones (A1, A2, A3) are retained, preserving existing uses. 2.5.2.1: Limits non-agricultural uses unless justified. No new permissions are introduced; existing uses remain unchanged. Policy 2.6 – Natural Heritage PPS 2024 allows municipalities flexibility in protecting natural features. 2.6.1: Encourages local identification and consideration of natural features. Open Space Conservation zones are maintained; further alignment will occur through the new Official Plan. 2.6.3: Allows local refinement of natural heritage mapping. Current protections remain; future modifications will follow local studies. Page 4 of 38 Page 183 of 596 Policy 2.7 – Climate Change and Resilience 2.7.1: Supports sustainable and resilient planning. A unified Zoning By-law provides a foundation for future updates that support climate goals. Regional Official Plan The Regional Official Plan provides long-range policy direction for land use and growth management within Niagara Region and serves to implement provincial policy. As of March 31, 2025, planning responsibilities previously held by the Region have been formally transferred to the City of Niagara Falls. The City is now the approval authority for all local planning matters and will implement and administer these responsibilities moving forward. Prime Agricultural Area (Agricultural System): The lands within former Willoughby and Crowland include areas designated as Prime Agricultural Area. The proposed zoning consolidation retains agricultural zoning consistent with Regional policies to preserve agricultural lands and support agricultural viability. Regional Growth Centre, Delineated Built-Up Area, and Designated Greenfield Area: These urban land use designations are maintained as currently zoned. The amendment does not propose any changes that would affect growth management targets, intensification areas, or phasing of development. Natural Environment System: Some existing zoning (e.g., Conservation Open Space) does not precisely align with are changes no However, being heritage natural current mapping. proposed through this consolidation. Alignment will be addressed through the City's new Official Plan and future comprehensive Zoning By-law update. City's Official Plan The lands of Crowland, Willoughby and Humberstone are designated Industrial, in part, Open Space, in part, Resort Commercial, in part, Residential, in part, Environmental Conservation Area, in part, Environmental Protection Area, in part, and Good General Agriculture, Plan Official the with conforms The proposed part. in consolidation objectives as follows: Agricultural Policies: Page 5 of 38 Page 184 of 596 The amendment ensures agricultural lands are retained in appropriate zones (A1, A2, A3), consistent with policies to protect and preserve farmland for long- term agricultural use. Environmental Policies: Although the alignment of zoning boundaries with natural heritage features may not be exact, the current designations are being maintained without change. A more detailed analysis will be undertaken through the City's ongoing Official Plan update and the subsequent implementation of a new Zoning By-law. Consistency with Designations: are there permissions. zoning Where respects consolidation The existing known inconsistencies between zoning and Official Plan designations (e.g., site-specific zones in Willoughby or Crowland that pre-date amalgamation), these will be resolved through the City’s future policy and zoning updates. Implementation and Administration Policies: The OP supports modern, efficient zoning regulations that facilitate ease of use and administration. The consolidation into a single comprehensive Zoning By- law directly aligns with this objective and supports customer service and transparency. Zoning By-law 79-200 The proposed changes to Zoning By-law No. 79-200 are intended to bring zoning for the former municipalities of Willoughby, Crowland, and Humberstone into the City’s current zoning framework. This is a key part of the City’s zoning consolidation project and reflects a “no new or changed permissions” approach—existing zoning rules are being carried over, not changed. The current zoning for the affected lands is shown in Appendices 1, 2, and 3, and the proposed new zoning maps are found in Appendices 4, 5 and 6. New Zones Added to Zoning By-law 79-200: To reflect the existing uses in the former municipalities, the following zones are being introduced into the City's Zoning By-law 79-200: Residential Niagara Parkway (RNP). Page 6 of 38 Page 185 of 596 Agricultural Zones (A1, A2, A3) – to reflect different agricultural lot sizes and uses. Commercial Highway (CH) – carries over permissions from existing highway commercial areas. Industrial Willoughby (IW) – maintains industrial zoning from the Willoughby by- law. Residential Village (RV) – reflects residential uses in historic village settings. Tourist Commercial Willoughby (TCW) – supports existing tourism-focused uses. Open Space Conservation (OSC) – preserves natural features and environmentally sensitive areas. Open Space Private and Public (OSPP) – reflects parks, cemeteries, and other open space uses. General Text Added to 79-200: In addition to new zone categories, several general updates are proposed: Accessory Structure Regulations: Standardized across the former by-laws to ensure consistency in how garages, sheds, and similar structures are treated. Definitions: Updated and expanded to reflect terminology used in the former by- laws, making the document more user-friendly. Yard Projections and Obstructions: Aligned with rules from Willoughby, Crowland, and Humberstone to maintain existing allowances for porches, decks, and similar features. Former Zoning By-laws Being Consolidated: Willoughby (By-law 395/66) This by-law is proposed to be fully repealed, with all provisions transferred to By- law 79-200. Lands zoned Conservation – Open Space will now fall under the new Open Space Conservation (OSC) zone to continue environmental protection. Page 7 of 38 Page 186 of 596 Lands zoned Highway Commercial and Industrial will transition into new, equivalent zones (CH and IW) with the same regulations. Site-specific provisions (e.g., unique lot permissions) will be carried over to the appropriate zones in By-law 79-200. Crowland (By-law 1538, 1956) This by-law is proposed to be fully repealed, with all provisions transferred to By- law 79-200. Lands zoned Public and Private Open Space District will be carried forward under the new OSPP zone. All site-specific provisions will be maintained and reflected in the appropriate new zones. Humberstone (By-law 70-69) This by-law is also proposed to be fully repealed, with its content merged into 79- 200. Lands currently zoned Agricultural will be reclassified under the A1 zone in the new by-law. All site-specific provisions will be preserved and integrated into the applicable new zones. Conclusion This zoning consolidation marks a major step toward modernizing the City’s land use framework. It combines four separate zoning by-laws into a single, easy-to-use document, making zoning interpretation simpler for residents, developers, stakeholders, and City staff. Importantly, no new land use permissions are being introduced. The goal is to carry forward all existing zoning rules into one comprehensive by-law. This will ensure continuity, improve consistency, and create a strong foundation for the future zoning By- law tied to the City’s new Official Plan. If approved, this consolidation will improve transparency, reduce confusion, and support more efficient land use decisions across Niagara Falls. Operational Implications and Risk Analysis Page 8 of 38 Page 187 of 596 No operational or risk implications Financial Implications/Budget Impact There are no direct financial implications arising from this report. Through the 2025 budget process, Council approved funding to create a new Zoning By-law following provincial approval of the new Official Plan. Strategic/Departmental Alignment The proposal supports the City’s Strategic Priority of Customer Service by improving accessibility and clarity of zoning information for staff and the public. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. List of Attachments Appendix 1 - Current Humberstone Schedule Appendix 2 - Current Willoughby Schedule Appendix 3 - Current Crowland Zoning Schedule Appendix 4 - Draft Crowland Schedule Appendix 5 - Draft Humberstone Schedule Appendix 6 - Draft Willoughby Schedule Appendix 7 - Draft By-law Written by: Chris Roome, Planner 2 Sue Scerbo, Supervisor of Zoning Administration Submitted by: Status: Kailen Goerz, Senior Manager of Long Range Planning Initiatives Approved - 06 Jun 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jun 2025 Jason Burgess, CAO Approved - 10 Jun 2025 Page 9 of 38 Page 188 of 596 SCHEDULE 4 - Humberstone Zoning SchedulePage 10 of 38 Page 189 of 596 SCHEDULE 2 - Willoughby Zoning Schedule Page 11 of 38 Page 190 of 596 SCHEDULE 3 - Crowland Zoning Schedule Page 12 of 38 Page 191 of 596 Willodell RdMontroseRdBeck RdCarl Rd Schisler RdCrowland AvNetherby RdMorrisRd Lyons Cr e e k R d Biggar Rd Lincoln St Yokom Rd G r a s s y Brook Rd McKenney RdYoung Rd Chippa w a P y Ridge Rd Reixinger Rd Misener RdC hippa w a C r eek Rd MorrisRdGonder Rd Willow Rd Marshall Rd Sauer RdQuee n E l iz a b e t h W y A2 A2 Amending Zoning By-law No. 79-200 K:\GIS_Requests\2023\Schedule\Zoning\001\AM-2023-001.aprx AM-2023-001-C 4/30/2025 Applicant: City of Niagara Falls ¯ NTS Subject Land See Site Specific Schedules SCHEDULE 1 TO BY-LAW NO. 2025-xxx Page 13 of 38 Page 192 of 596 SchihlRdMontrose RdDurliat RdNetherby Rd South Green RdSouth Koabel RdHolloway Bay RdSouthBrookfield Rd Misener RdCrowland AvMorris RdMcKenney RdA1 A1 A1 A1 A1 A1 SCHEDULE 1 TO BY-LAW NO. 2025-xxx Amending Zoning By-law No. 79-200 K:\GIS_Requests\2023\Schedule\Zoning\001\AM-2023-001.aprx AM-2023-001-H 4/30/2025 Applicant: City of Niagara Falls Subject Land See Site Specific Schedules ¯ NTS Page 14 of 38Page 193 of 596 W Niagara?qg‘lg SCHEDULE 1 TO BY-LAW NO.2025-xxx I:I Subject Land -See Site Speci?c Schedules -See By-Iaw79-200 for Zoning v *Gari'Rd , f,.\_,/l 2 L77 Gonc‘lerRd l 0?,l 27777777 Bakeer'if 0 ,,r, l l l ‘0DC 5 C<0.9El l l l f l l l l l Amending Zoning By-law No.79-200 Applicant:City of Niagara Falls K:\GIS_Requests\2023\Schedule\Zoning\001\AM-2023-001.aprx AM'2023'001'W 5/23/2025Page 15 of 38 Page 194 of 596 CITY OF NIAGARA FALLS By‐Law No. 2025 ‐ _____ A By‐law to amend By-law No. 79-200 to include lands within the geographic Township of Humberstone, Crowland, and Willoughby, carry forward site specific amendments, amend the General Provisions, add Agricultural 1 zone, Agricultural 2 zone, Agricultural 3 zone, Residential Niagara Parkway zone, Residential Village zone, Commercial Highway zone, Industrial Willoughby zone, Tourist Commercial Willoughby zone, Open Space Conservation zone, Open Space Public and Private zone, and repeal By-law 70-69 (Humberstone), By-law 1538 (1958) (Crowland), and By-law 395/66 (Willoughby). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule A of By-law No. 79-200 is hereby amended by repealing and replacing the Key Map with the attached Key Map. “Key Map” is a part of this by-law. 2. That SECTION 1 amended by deleting section 1.4 and renumbering accordingly. 3. That SECTION 2 DEFINITIONS is amended by deleting “Lot area” and replacing with “Lot area: shall mean the total horizontal area within the lot lines of a lot, save and except for lands within the A1, A2, A3, RNP, RV, CH, IW, TCW, OSC and OSPP zone, where the lot area shall include the lands within the lot lines of a lot”. 4. That SECTION 2 DEFINTIONS is amended by deleting “STOREY” and replacing with the following: “STOREY” means the portion of a building, other than a cellar or attic, between the surface of one floor and the surface of the floor, ceiling or roof next above it”. 5. That SECTION 2 DEFINITIONS “LOT” is amended by deleting section (b) and replacing it with the following: “(b) which fronts a street or Niagara Parks Commission service road, and is a separate parcel of land without any adjoining lands being owned by the same owner or owners on the day of the passing of this By-law, or” 6. That Section 2 DEFINITIONS is amended by adding: “PARKING STATION” shall mean a lot or lots or portion thereof, required in accordance with the provisions of this by-law for the temporary storage or parking of motor vehicles accessory or incidental to uses in the A1 or OSPP zone and shall not include the storage or parking of motor vehicles for hire or gain, display or for sale “PLAYLOT” shall mean a lot used for the purpose of a non-profit playlot for children under the age of seven years and managed and controlled by the Corporation or by a neighbourhood association, church or other similar organization. Page 16 of 38 Page 195 of 596 That SECTION 2 DEFINITIONS is amended by deleting “STREET” and replacing with it with the following: “STREET” means a common or public highway having a minimum width of 12 metres which affords a principal means of access to abutting lots and includes a highway, road, boulevard, Niagara Parks Commission service road, and parkway under the jurisdiction of the Niagara Parks Commission but does not include a lane, an unopened road allowance or a highway which is within a registered plan of subdivision by a by-law passed pursuant to section 29 of the Planning Act, R.S.O. 1970, as amended from time to time”. 7. That SECTION 3 – ZONES is amended by including the following: ZONES SHORT TITLES Agricultural One A1 Agricultural Two A2 Agricultural Three A3 Residential Niagara Parkway RNP Residential Village RV Commercial Highway CH Industrial Willoughby IW Tourist Commercial Willoughby TCW Open Space Conservation OSC Open Space Private and Public OSPP 8. That SECTION 4 – GENERAL PROVISIONS is amended by deleting section 4.9 MUNICIPAL SERVICES and replacing with: 4.9 MUNICIPAL SERVICES REQUIRED: Unless otherwise provided for in this By-law no person shall in any residential zone (save and except the RNP or RV zone), commercial zone, or institutional zone, erect or use a dwelling or a building containing one or more dwelling units or locate or use a mobile home unless such dwelling or building or mobile home is served by a municipal water supply and sanitary sewage system. 9. That SECTION 4.11 – LOT REQUIREMENT is deleted and replaced with: 4.11 LOT REQUIREMENT: Except as otherwise specifically permitted in this By-law, no person shall erect a building or structure in any zone except upon a lot, as defined in this by-law which (i) fronts or abuts upon an improved street or a street being constructed in a plan of subdivision by the Corporation of the City of Niagara Falls pursuant to the subdivision agreement, or a service road of the Niagara Parks Commission, and (ii) has not less than such lot area, lot frontage and lot depth as are set out in the regulations for such zone as the minimum lot area, lot frontage and lot depth. Page 17 of 38 Page 196 of 596 10. That SECTION 4 – GENERAL PROVSIONS is amended by adding the following after Section 4.12.1: 4.12.2 UNDERSIZED LOT REGULATIONS: Nothing in the by-law shall prevent the enlargement of or addition to existing dwellings in the A3,RNP, and RV zones, if these dwellings are located on existing lots – held in separate ownership from adjoining parcels on the date of passing of this by-law as shown by the records of the Land Registry or Land Title Office or where such lot is created by expropriation, provided: (a) That such dwelling is permitted in the zone in which said lot is located, (b) That the yard, height, coverage and all other relevant requirements of the zone are maintained. 11. That SECTION 4.13 – ACCESSORY BUILDINGS AND ACCESSORY STRUCTURES is amended by adding “save and except for lands within the A1, A2, A3, RNP, RV, CH, IW, TCW, OSC, OSPP zones” after 4.13 ACCESSORY BUILDINGS AND ACCESSORY STRUCTURES 12. That SECTION 4 – GENERAL PROVISIONS is amended by adding the following sections after Section 4.13 4.13.1 ACCESSORY BUILDINGS AND ACCESSORY STRUCTURES for lands within the A3, RNP, RV, CH, IW, and TCW zones: (a) Accessory buildings are permitted in each zone where the principal use, building or structure is permitted but no accessory building including garages, carports or boathouses shall be a. Used for human habitation b. Erected closer to a principal building than 1.8 metres c. Erected closer than 1.8 metres to a lot line Notwithstanding the foregoing, boathouses, docks, wharves, boat landings or other similar structures may be erected on the shore line, where the said line abuts a navigable body of water, but shall not extend into or over the water more then 1.5 metres measured from the high water line. 4.13.2 ACCESSORY BUILDINGS AND ACCESSORY STRUCTURES for the lands within the A2 and OSP zone: The following accessory buildings and accessory structures provisions shall apply to properties located in the A2 and OSPP zone. (a) Except as may otherwise be provided therein, all accessory buildings which are not attached or connected with the main building shall be erected in the rear yard and shall be at least 0.9 metres from the nearest Page 18 of 38 Page 197 of 596 lot line or main building and shall not occupy more than 10% of the area of the lot. i. Notwithstanding the provisions of 4.13.2 (a), on any existing residential parcel having a frontage of 13.7 metres or less, accessory buildings may be erected in the rear yard having not less then 0.45 metres of clearance from the nearest side lot line. (b) Any accessory building may be erected as part of the main building provided that all yard and area requirements of this By-law are complied with. (c) Where an accessory building is necessary for the storage of tools or material for use in connection with the construction of the main building on a lot in a Residential district, the accessory building may be erected on the lot before the erection of the main building and such building shall be used only for the purposes of storage. (d) Unless otherwise excepted in the By-law no accessory building shall exceed a height of 4.5 metres nor one storey. (e) No accessory building shall be used for any purpose other than a use that is incidental or secondary to that of the main building on the same lot and without limiting the foregoing such use may include a private garage, recreation building, greenhouse or bath house if not used for commercial purposes. (f) The use of any accessory building for human habitation is not permitted. 4.13.3 ACCESSORY BUILDINGS AND ACCESSORY STRUCTURES for the lands within the A1 zone: The following accessory buildings and accessory structures provisions shall apply to properties located in the A1 zone: a) No land, building, or structure shall be used for any purpose other than the presently existing use of such land, building or structure on the date of the passing of this By-law with the exception of the uses permitted in the A1 zone. 13. That SECTION 4.14 YARDS is amended by adding “save and except for lands within the A1, A2, A3, RNP, RV, CH, IW, TCW, OSC and OSPP zones” 14. That SECTION 4.14 is amended by adding: SECTION 4.14.A OBSTRUCTION OF YARDS for lands within the A2 and OSPP zone: No person shall obstruct in any manner whatsoever any front yard, side yard or rear yard required to be provided by this By-law, but this provision shall not apply to: a) Main eaves, bolt courses, sills or cornices not projecting more than eighteen 0.45 Page 19 of 38 Page 198 of 596 metres into any required yard. b) Uncovered steps, porches, or platforms not exceeding 1.2 metres in height above grade and not projecting more than 2.4 metres into any required front yard or more than 1.2 metres into any required side yard. c) Awnings, clothes poles, garden trellises or similar accessories. d) Fire escapes projecting not more than 1.5 metres into the side or rear yard. e) Fences in side and rear yards. f) Accessory buildings. 15. That SECTION 4.19.1 (a) REQUIREMENTS is amended by adding “save and except for lands located within the A1, A2, A3, RNP, RV, CH, IW, TCW, OSC, and OSPP zones. 16. That SECTION 4.19.2 BUS PARKING is amended by adding “save and except for lands within the A1, A2, A3, RNP, RV, CH, IW, TCW, OSC, and OSPP zones” 17. That SECTION 4 – GENERAL PROVISIONS is amended by including the following after Section 4.19.3 4.19.4 PARKING REQUIREMENTS WITHIN THE A3, RNP, TCW, RV, CH, IW, TCW and OSC zones. (a) One parking space of at least 3 m x 6 m together with adequate area for manoeuvring and access to a public street shall be provided for each: i. Dwelling unit ii. Guestroom of a hotel, motel or cabin iii. Five seats in places of assembly, such as theatres, churches, public halls, etc. iv. Four seats in restaurants v. Five beds in hospitals, nursing homes vi. 28 square metres of total floor are of retail store, service shops and other commercial buildings, clinics, municipal buildings and offices vii. 28 square metres in industrial buildings viii. Staff member of schools (b) Places of amusement such as community centres, swimming pools, golf courses, tennis courts and similar projects shall provide a parking are of Page 20 of 38 Page 199 of 596 not less than three times the ground floor areas of the building or structure. (c) Except as provided for in Section 11.7, no off-street vehicle parking shall be permitted within the required front yard and access shall be provided by not amore than two driveways not exceeding 9m each in width. (d) Driveways, loading parking areas provided in accordance with the provisions of this section shall be paved with all-weather dust-free materials. 4.19.5 PARKING REQUIREMENTS WITHIN THE A2 and OSPP zone: (a) One parking space of at least 3 m x 6 m together with adequate area for manoeuvring and access to a public street shall be provided for each: i. Dwelling unit ii. For each 37.2 square metres of floor area of a factory iii. For each 12 seats in excess of 100 seats or where the seating is provided by open benches every 20 inches of bench space for a church hall or other place of assembly iv. For each 27.8 square metres of floor area for a building or structure not specified above. LOADING AREAS: 3.5 metres wide x 9 metres length: 418 square metres: None From 418 square metres to 2322.6 square metres: 1 Over 2322.6 square metres: 2 (b) Where parking facilities for more than 4 vehicles are required or permitted: (i) The parking area shall be maintained with a stable surface that is treated to prevent the raising of dust or loose particles, (ii) The lights used for illumination of the parking lot of parking station shall be so arranged as to divert the light away from adjacent lots, (iii) A shelter, not more than 15 feet in height and not more than 50 square feet in area may be erected in the parking area for the use of attendants in the area. (iv) No gasoline pump or other service station equipment shall be located or maintained on a parking lot or parking station. Page 21 of 38 Page 200 of 596 18. That SECTION 4.20.1 LOADING AREA REQUIREMENTS is amended by adding “save and except for lands within the A1, A2, A3, RNP, RV, HC, WI, TCW, OSC and OSPP zones”. 19. That SECTION 4.21 FLOODLIGHTING is amended by adding “save and except for lands within the HC, WI, and TCW zones”. 20. That SECTION 4.22 SUPPLEMENTARY REGULATIONS FOR CAR WASHES is amended by adding “save and except for lands within the TCW zone”. 21. That SECTION 4.23 SUPPLEMENTARY REGULATIONS FOR DRIVE-IN RESTAURANTS” is amended by adding “save and except for lands within the TCW zone”. 22. That SECTION 4.25 SUPPLEMENTARY REGULATIONS FOR MOTELS is amended by adding “save and except for lands within the HC and TCW zones”. 23. That SECTION 4.37 – BED AND BREAKFAST is amended by including “RNP, RV, A1, A2 and A3” as a listed zone to section 4.37 (b). 24. That SECTION 7 – RESIDENTIAL ZONES is amended by adding the following after Section 7.16: 7.17 RESIDENTIAL NIAGARA PARKWAY ZONE (RNP Zone) 7.17.1 PERMITTED USES: no person shall within any RNP Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A bed and breakfast in a detached dwelling, subject to the provisions of section 4.37 (c) Additional dwelling unit(s), subject to the provisions of section 4.45 7.17.2 REGULATIONS: no person shall within any RNP Zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Minimum Lot area 0.4 hectares (b) Minimum lot frontage 50 metres (c) Minimum front yard depth i. If a service road is already established 23 metres plus any applicable distance specified in section 4.27.1 Page 22 of 38 Page 201 of 596 ii. If no service road is established 32 metres plus any applicable distance specified in section 4.27.1 (d) Minimum side yard width, each side 3.5 metres plus any applicable distance specified in section 4.27.1 (e) Minimum rear yard depth 10 metres plus any applicable distance specified in section 4.27.1 (f) Maximum lot coverage 30% (g) Maximum height of a building or structure 10 metres in accordance with section 4.7 (h) Parking and access requirements In accordance with section 4.19.1 (i) Accessory buildings and accessory structures to a detached dwelling In accordance with sections 4.13 and 4.14 7.18 RESIDENTIAL VILLAGE ZONE (RV Zone) 7.18.1 PERMITTED USES: no person shall within any RV Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling; (b) Schools, educational institutions; (c) Churches and places of worship; (d) Hospitals, homes for the aged, doctors and dentist’ offices – maximum two practitioners and assistants per building; (e) Libraries; (f) Parks, athletic and sports field, skating and curling rinks and community (g) A bed and breakfast dwelling in a detached dwelling, subject to the provisions of section 4.37 (h) Accessory dwelling unit(s), subject to the provisions of section 4.45 7.18.2 REGULATIONS: no person shall within any RV Zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: Page 23 of 38 Page 202 of 596 (a) Where no municipal services available minimum lot area – 0.18 hectares minimum lot frontage – 30 metres (b) Where municipal water only available minimum lot area –0.11 hectares minimum lot frontage – 30 metres (c) Where both municipal water and sewers available interior lots minimum lot area – 557 square metres minimum lot frontage – 15 metres corner lots minimum lot area –557 square metres minimum lot frontage – 18 metres (d) Minimum front yard depth all county and concession roads 10 metres all other road: 7 metres (e) Minimum side yard width 1.8 metres, except as provided for in paragraphs (i) and (ii) hereof: i. on a corner lot, the minimum side yard abutting the flanking street shall be 3 metres. ii. where no attached garage is provided for, the minimum side yard on one side shall be 3 metres. (f) Minimum rear yard depth 7 metres (g) Minimum floor area for a detached dwelling 111 square metres 25. That SECTION 8 – COMMERCIAL ZONES is amended by adding the following after Sections 8.9. 8.10 COMMERCIAL HIGHWAY ZONE (CH Zone) 8.10.1 PERMITTED USES: no person shall within any CH zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Arenas Page 24 of 38 Page 203 of 596 (b) Automobile Service Stations (c) Automobile Garages (commercial) (d) Automobile Sales and Services (e) Banks (f) Churches and places of worship (g) Living accommodation being an integral part of stores – maximum 50% of total floor area (h) Exhibitions (i) Fraternal organizations or lodges (j) Libraries (k) Museums (l) Offices (m) Places of Commercial entertainment or recreation (n) Recreation clubs (o) Restaurants, premises licensed for the sale of beer, wine or liquor (p) Sightseeing and tours (all sightseeing and tours must be operated within and from the premises of an established business, e.g. hotel, motel, etc.) (q) Theatres (r) Tourist establishments as defined by the Tourist Establishment Act which includes a cabin establishment, a cottage establishment, a hotel or hotel establishment, a motel, a tourist home but excluding a tourist outfitters camp and a trailer establishment. 8.10. 2 REGULATIONS: No person shall within any CH Zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Maximum lot coverage 20 % (b) Minimum front yard depth no part of any building shall be constructed, altered, used or maintained at a distance of less than 12.1 m from a public highway, street or road, provided that on Queen Elizabeth Way, a setback of 76.2 metres shall be required from the centre line of the original right-of-way to Page 25 of 38 Page 204 of 596 the main front wall of the building. (c) Minimum side yard width (i) 3 metres required each side; Minimum side yard on corner lot, not less than minimum front yard required on flanking street. (ii) where a side lot line is a boundary between a Commercial Highway zone and a Residential zone, the said side lot line shall be not less than 9.1 metres within which a 1.5 metres treed buffer strip and/or a close boarded fence, or suitable alternative, to a height of not less than 1.2 metres nor more than 1.8 metres shall be provided. (d) Minimum rear yard depth (i) no part of any building shall be less than 7.6 metres from any rear boundary line of the lot or parcel on which the building is situated. (ii) where a rear lot line is a boundary between a Commercial Highway zone and a Residential zone, the said rear line shall be not less than 12.1metres within which a 1.5 metres treed buffer strip and/or a close boarded fence, or suitable alternative, to a height of not less than 1.2 metres nor more than 1.8 metres shall be provided. 8.11 TOURIST COMMERCIAL WILLOUGHBY ZONE (TCW Zone) 8.11.1 PERMITTED USES: No person shall within any TCW zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Automobile service station (b) Bake shop (c) Bank, Trust Company, Credit Union (d) Beer, wine or liquor store (e) Car wash (f) Clothing store (g) Community building Page 26 of 38 Page 205 of 596 (h) Drive-in restaurant including a fast-food take-out service (i) Drug store (j) Food store (k) Gasoline bar (l) Handcraft store (m) Hotel (n) Motel (o) Office, provided that the total rentable floor area for all officers within the said area shall not exceed 2,750 square metres (p) Personal service shop (q) Post office (r) Premises licensed under The Liquor License Act (s) Private Club (t) Recreational uses (u) Restaurant (v) Souvenir store (w) Tobacco store (x) Trailer camp 8.11.2 REGULATIONS: No person shall within any TCW Zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Subject to clauses b and c, no part of any building or structure shall be located on such lot or parcel of land closer than: i. 35 metres from the centre line of any highway under the jurisdiction of The Regional Municipality of Niagara, ii. 25 metres from the centre line of any highway under the jurisdiction of The Corporation of the City of Niagara Falls, iii. 10 metres from any other boundary of such lot or parcel of land; (b) No gasoline pump or pump island shall be located on such lot or parcel of land closer than 10 metres from the limit of any highway or any other boundary of the said land; (c) Canopies on any building or structure and any in-ground swimming pools which are not more than 0.3 metres above the Page 27 of 38 Page 206 of 596 average finished grade levels may be located closer to the highways and boundaries than the distances specified in clause a above but no such canopy or swimming pool shall be located closer than 7 metres from the limit of any such highway or any other boundary of any such lot or parcel of land; (d) Landscaped open space shall be provided and maintained on such lot or parcel of land to the extent of at least of 20% of the area of such lot or parcel of land; (e) The percentage of area of each such lot or parcel of land covered by the ground level area of all buildings and structures thereon shall not exceed 40 percent; (f) The maximum height of any building or structure shall not exceed 12 metres; (g) No person shall erect or use any building or structure on any parcel of land within the TCW zone unless municipal services as set out below are available to service the said land, building or structure: i. A sanitary sewerage system, ii. A storm sewerage system, iii. A water supply system. (h) The owner or occupant of every building or structure to be erected or used for any of the purposes listed in Table 1 of this clause shall provide and maintain a parking area which shall be located on the same lot or parcel of land occupied by such building or structure. The said parking area shall contain individual parking spaces of at least 27.87 square metres each inclusive of access area to the extent at least prescribed in said Table 1 for the respective classes of uses, buildings or structures set out therein. Where a building, structure or lot accommodates more than one use or purpose, the required parking spaces shall be the sum of the required parking spaces for each such use or purpose Table 1 Class of Use, Building or Structure Minimum Parking Space Requirements Bank, office 1 parking space for each 25 square metres of gross leasable floor area Barbershop or hairdressing establishment 3 parking spaces plus 1 additional parking space for each chair above 3 Car Wash 7 parking spaces continuous in-line per bay Page 28 of 38 Page 207 of 596 Drive-in restaurant or fast-food takeout service 25 parking spaces plus 1 parking space for each 5 seats within the building or structure Hotel 1 parking space for each two bedrooms plus 1 parking space for each 5.5 square metres of floor area used as a place of assembly Motel 1 parking space for each 1.3 motel units Premises licenced under The Liquor Licence Act if not part of a motel or hotel 1 parking space for each 5 seats Premises licenced under The Liquor Licence Act if part of a motel or hotel 1 parking space for each 10 seats Restaurant if not part of a motel or hotel 1 parking space for each 5 seats Restaurant if part of a motel or hotel 1 parking space for each 10 seats Retail establishment, laundromat and personal service shop up to and including a gross leasable floor area of 450 square metres 1 parking space for each 25 square metres of gross leasable floor area Retail establishment exceeding gross leasable floor area of 450 square metres 1 parking space for each 18 square metres of gross leasable floor area on the main sales floor plus 1 parking space for each 45 square metres of gross leasable floor area on every other floor Uses, Buildings and Structures permitted by this by-law other than those listed in this schedule 1 parking space for each 40 square metres of floor area 8.12.3 For the purposes of subsections 1 and 2 of this section, (a) “Landscaped Open Space” means a portion of the lot area which is not used for buildings, structures, parking areas or driveways and which consists of grass, flower beds, trees, shrubbery and other landscaping, including any surfaced walk, patio, pool or similar amenity or a combination thereof; (b) “Personal Service Shop” means a barber’s, hairdresser’s or hairstyling shop, a dressmaker’s shop, a shoe repair shop, a tailor’s shop, a self-service laundry or depot for the collection of dry cleaning and laundry; (c) “Pinball or electronic game machine establishment” means a building or part of a building in which 3 or more pinball or other mechanical or electronic game machines are kept for use in pursuance of a trade, calling, business or occupation; 26. That SECTION 11 – INDUSTRIAL ZONES is amended by adding the following after Section 11.6 Page 29 of 38 Page 208 of 596 11.7 INDUSTRIAL WILLOUGHBY ZONE (IW Zone) 11.7.1 No person shall within any IW zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Industrial uses including those manufacturing, converting, altering, finishing, fabricating or assembling of products establishments which do not emit obnoxious sound, odour, dust, fumes, vibration or smoke and which are not hazardous to the surrounding uses. (b) A commercial undertaking or business office, necessary to serve the industrial area or incidental to an industrial operation, including storage warehouses and wholesale business. (c) A dwelling may be erected for a caretaker, watchman or other similar person employed on the premises concerned and such person’s family provided that the requirements of Section VII are complied with. 11.7.2 Notwithstanding any provisions of this Section, the following uses are prohibited (By-law 439, 1967): (a) Abattoir (b) Acetylene gas manufacture (c) Asphalt manufacture or refining (d) Brick, pottery, tile, terra cotta or building block manufacture (e) Boiler works (f) Bronze, aluminum or other metal powder manufacture (g) Coke ovens (h) Crematory (i) Disinfectant, insecticide, or poison manufacture (j) Dye manufacture (k) Forge plant (l) Storage, cleaning, curing or tanning of fresh or green hides (m) Storage of gas, except for consumption on the premises (n) Grease, lard, fat or tallow rendering or refining (o) Metal foundry (p) Lime, cement, or plaster of paris manufacture (q) Match manufacture (r) Oilcloth or linoleum manufacture Page 30 of 38 Page 209 of 596 (s) Paint, oil, varnish, turpentine, lacquer, shellac or enamel manufacture (t) Storage of fuel or petroleum above ground (u) Caustic manufacture (v) Junk yards (w) Printing ink manufacture (x) Pyroxylin plastic manufacture or the manufacture of articles therefrom (y) Shoe backing or stove polish manufacture (z) Soap manufacture from animal fats (aa) Steel furnace, blooming or rolling mill (bb) Stockyards (cc) Structural steel or pipe works (dd) Sugar refining (ee) Tar distillation or manufacture (ff) Tobacco (chewing) manufacture or treatment, (gg) Tar roofing or waterproofing manufacture (hh) Vinegar manufacture (ii) Wool pulling or scouring (jj) Yeast plant (kk) Commercial dog kennels (ll) Bus, truck or railroad freight terminals (mm) Dry cleaning, rug cleaning and laundry plants (nn) Any use which is conducted so as to cause or result in the dissemination of noise, vibration, odor, dust, smoke, gas or fumes, or other pollutant beyond the lot on which such use is conducted (oo) Public uses including all public utilities and essential services excepting schools 11.7.3 REGULATIONS: No person shall within any IW Zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Maximum lot coverage 30 % Page 31 of 38 Page 210 of 596 (b) Minimum front yard depth no part of any building shall be constructed, altered, used or maintained at a distance of less than 12.1 metres from a public highway, street or road boundary, provided that on the streets named below, the following setbacks shall apply: Street: Required Distance Between Main Front Wall and Centre Line of the Original Road Allowance Reixinger Road: 31.3 metres Lyon’s Creek Road: 31.3 metres Queen Elizabeth Way: 62.4 metres (c) Minimum side yard width (i) 3 metres required each side; Minimum side yard on corner lot, not less than minimum front yard required on flanking street. (ii) where a side lot line is a boundary between a Commercial Highway zone and a Residential zone, the said side lot line shall be not less than 9.1 metres within which a 1.5 metres treed buffer strip and/or a close boarded fence, or suitable alternative, to a height of not less than 1.2 metres nor more than 1.8 metres shall be provided. (d) Minimum rear yard depth (i) no part of any building shall be less than 7.6 m from any rear boundary line of the lot or parcel on which the building is situated. (ii) where a rear lot line is a boundary between a Commercial Highway zone and a Residential zone, the said rear line shall be not less than 12.1 metres within which a 1.5 metres treed buffer strip and/or a close boarded fence, or suitable alternative, to a height of not less than 1.2 metres nor more than 1.8 metres shall be provided. Page 32 of 38 Page 211 of 596 27. That SECTION 12 – AGRICULTURAL ZONE is amended by adding the following: 12.1 AGRICULTURAL 1 Zone (A1 Zone) 12.1.1 PERMITTED USES: No person shall within any A1 zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) An existing use (b) Agricultural uses and residence associated with that use 12.1.2 REGULATIONS: No person shall within any A1 zone erect or use any building or structure except in accordance with the provisions of Section 4 and the following regulations: (a) Minimum lot area 10.1 hectares (b) Minimum front yard depth 7.6 metres (c) Minimum side yard width each side 7.6 metres (d) Minimum rear yard depth 7.6 metres (e) Where a side yard or rear yard abut a residential use 30 metres 12.2 AGRICULTURAL 2 ZONE (A2 ZONE). 12.2.1 PERMITTED USES: no person shall within any A2 zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) For lands north of Biggar Road, east of Crowland Avenue, and within the City’s Urban Boundary: (i) Accessory living quarters for staff employed on the premises, (ii) Light manufacturing (iii) Heavy industrial (iv) Cemeteries (v) A converted dwelling Page 33 of 38 Page 212 of 596 (c) Agricultural uses including crops, truck and market gardening, nurseries, greenhouses, breeding, raising animals (d) Animal hospitals (e) Veterinary establishments (f) Storing of farm machinery and vehicles used on the farm (g) A farm produce outlet in accordance with Section 4.36 12.2.2 REGULATIONS: No person shall within any A2 zone erect or use any building or structure except in accordance with the provisions of Section 4 and the following regulations: (f) Minimum lot area 1.2 hectares (g) Minimum lot frontage 30 metres (h) Minimum front yard depth 18 metres plus any applicable distance specified in section 4.27.1 (i) Minimum side yard width 4.5 metres plus any applicable distance specified in section 4.27.1 (j) Minimum rear yard depth 12 metres plus any applicable distance specified in section 4.27.1 (k) Maximum lot coverage 15% (l) Parking and access requirements In accordance with section 4.19.4 (m) Notwithstanding section 4.11, a farm building or farm structure may be erected upon a lot which fronts or abuts upon a street which is not an improved street 12.3 AGRICULTURAL 3 ZONE (A3 ZONE). 12.3.1 PERMITTED USES: no person shall within any A3 zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Agricultural including field crops, dairy farming, hog and other animal raising,; poultry raising, ranching and grazing, tree nurseries, berry or bush crops, orchards, vineyards, truck gardening, aviaries, apiaries, dog kennels and other similar uses customarily carried on in the field of agriculture (b) A detached dwelling (c) Public utilities, including radio and television, railway Page 34 of 38 Page 213 of 596 (d) A farm produce outlet in accordance with Section 4.36 12.3.2 REGULATIONS: No person shall within any A3 zone erect or use any building or structure except in accordance with the provisions of Section 4 and the following regulations: (a) Minimum lot area 0.4 hectares (b) Minimum lot frontage 60 metres (c) Minimum building setback from all roads 20.7 metres (d) Minimum side yard width each side 4.5 metres plus any applicable distance specified in section 4.27.1 (e) Minimum rear yard depth 9.1 metres plus any applicable distance specified in section 4.27.1 (f) Parking and access requirements In accordance with section 4.19.5 (g) Notwithstanding section 4.11, a farm building or farm structure may be erected upon a lot which fronts or abuts upon a street which is not an improved street (h) Maximum height 10.6 metres, subject to section 4.7 28. That SECTION 14 – OPEN SPACE ZONE is hereby amended by adding the following sections: SECTION 14.1.1 – OPEN SPACE CONSERVATION ZONE (OSC ZONE) 14.1.2 PERMITTED USES: no person shall within any OSC Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Agricultural uses as listed under Section 12.3.1 (a) (b) Athletic fields (c) Band stands (d) Bowling greens (e) Community centres (f) Golf courses (g) Public parks (h) Skating rinks (i) Swimming pools (j) Tennis courts Page 35 of 38 Page 214 of 596 14.1.3 REGULATIONS: No person shall within any OSC zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Minimum lot area 0.81 hectares (b) Minimum lot frontage 121.9 metres (c) Minimum front yard depth 10.69 metres plus any applicable distance specified in section 4.27.1 (d) Minimum side yard width each side 4.6 metres plus any applicable distance specified in section 4.27.1 Notwithstanding the foregoing, the area and frontage requirements shall not be applicable to bona fide public space uses. 29. That SECTION 14 – OPEN SPACE ZONE is hereby amended by adding the following section: SECTION 14XXX – PUBLIC AND PRIVATE OPEN SPACE ZONE (OSPP ZONE) 14.xx PERMITTED USES: no person shall within any OSPP Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Recreational: parks, walks, statues, fountains, playlots, wading pools, shelters, play fields, playgrounds, athletic fields, field houses, community centre, bleachers, open or closed swimming pools, botanical gardens, zoological gardens, band stands, skating rinks, bowling greens, tennis courts, boat liveries, bathing stations, golf courses, parking stations, public parking lot, yacht club and cemetery. (b) Commercial: refreshment pavilion or booth 14.xx REGULATIONS: No person shall within any OSPP zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: Yard requirements: Minimum distance of buildings or structures from all lot lines: 12 metres 30. that SECTION 19 is hereby amended by adding the following: 19.2. CONSOLIDATED SITE-SPECIFIC ZONES: The following site-specific by-laws Page 36 of 38 Page 215 of 596 A1-1 Refer to by-law 1999-250 A1-2 Refer to by-law 1999-252 A1-3 Refer to by-law 1995-151 A1-4 Refer to by-law 2003-122 A1-5 Refer to by-law 2003-122 A1-6 Refer to by-law 2006-129 A1-7 Refer to by-law 2015-010 A1-8 Refer to by-law 2015-009 A1-9 Refer to by-law 2016-069 A1-10 Refer to by-law 2016-070 A2-1 Refer to by-law 2002-022 A2-2 Refer to by-law 1988-268 A2-3 Refer to by-law 1986-022 A2-4 Refer to by-law 1988-268 A2-5 Refer to by-law 2016-051 A2-6 Refer to by-law 2021-080 A2-7 Refer to by-law 2021-79 A2-8 Refer to by-law 2003-158 A3-1 Refer to by-law 2011-117 A3-2 Refer to by-law 2002-023 A3-3 Refer to by-law 1995-064 A3-4 Refer to by-law 1995-189 A3-5 Refer to by-law 1980-005 A3-6 Refer to by-law 1981-012 A3-7 Refer to by-law 1981-168 A3-8 Refer to by-law 2013-105 A3-9 Refer to by-law 1982-055 A3-10 Refer to by-law 1988-314 A3-11 Refer to by-law 2003-048 A3-12 Refer to by-law 2012-128 A3-13 Refer to by-law 1972-169 A3-14 Refer to by-law 2011-005 A3-15 Refer to by-law 2022-112 A3-16 Refer to by-law 1973-178 A3-17 Refer to by-law 2011-116 A3-18 Refer to by-law 2001-230 A3-19 Refer to by-law 2009-162 HC-1 Refer to by-law 1970-042 HC-2 Refer to by-law 1976-233 OSC-1 Refer to by-law 2011-117 OSC-2 Refer to by-law 1988-273 OSPP-1 Refer to by-law 2002-022 OSPP-2 Refer to by-law 1979-134 RNP-1 Refer to by-law 2003-055 RNP-2 Refer to by-law 1996-270 Page 37 of 38 Page 216 of 596 Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of MONTH, 2025. ....................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 38 of 38 Page 217 of 596 City of Niagara Falls Applicant: City of Niagara Falls Proposal: Consolidate the existing zoning by-laws into by-law 79-200 Zoning By-law Amendment Application AM-2023-001 Zoning Consolidation Page 218 of 596 A GREAT CITY…FOR GENERATIONS TO COME Why This Matters •Zoning impacts everyone – it regulates how land can be used, what can be built and where. •Right now, the City of Niagara Falls is governed by four different by-laws from before Niagara Falls amalgamated with several nearby municipalities. •Consolidating the four different by-laws into one aims to: ➢Reduce confusion for residents and developers ➢Eliminate inconsistent terminology and formatting ➢Improve efficiency for City staff and Council ➢Lay the groundwork for future planning updates Page 219 of 596 A GREAT CITY…FOR GENERATIONS TO COME Background •When Regional governance was established in 1970, the City of Niagara Falls amalgamated with Chippawa, Willoughby Township, and a small portion of Crowland Township. When the amalgamation occurred, the City adopted the area's respective Zoning By-laws. This resulted in four separate Zoning By-laws governing the City of Niagara Falls. These by-laws include: ➢Zoning By-law No. 79-200, which governs the urban area of the City and the former Township of Stamford; ➢Zoning By-law No. 395 (1966), which governs the former Willoughby Township; ➢Zoning By-law No. 1538 (1958), which governs the former Crowland Township; and, ➢Zoning By-law No. 70-69, which governs the Humberstone area within the City’s municipal boundary.Page 220 of 596 A GREAT CITY…FOR GENERATIONS TO COME Existing By-laws Humberstone – By-law 70-69 Willoughby – By-law 365 (1966)Page 221 of 596 A GREAT CITY…FOR GENERATIONS TO COME Existing By-laws Crowland – By-law 1538 (1958)Urban Area – By-law 79-200 Page 222 of 596 A GREAT CITY…FOR GENERATIONS TO COME Public Open House A public open house was held on January 23, 2025 and was attended by 13 members of the public. Comment/ Concern Staff Response Detailed mapping of the proposed changes was requested Draft Schedules of the Willoughby, Humberstone and Crowland areas have been provided with the report, as well as posted on the City’s website Concerns about zoning changes This is a consolidation only; no new restrictions or land use changes are proposed Property tax implications The changes are administrative only and do not affect land uses; no impact on assessed property value is anticipated Page 223 of 596 A GREAT CITY…FOR GENERATIONS TO COME Zoning Changes Zones in the Willoughby By-law (By-law 359/66) being renamed and added to 79-200 include: Current Zoning Title Proposed Zoning Title Niagara River Parkway Residential Residential Niagara Parkway Rural Agricultural 3 Highway Commercial Commercial Highway Industrial Industrial Willoughby Tourist Commercial Tourist Commercial Willoughby Village Residential Residential Village Conservation Open Space Open Space Conservation Page 224 of 596 A GREAT CITY…FOR GENERATIONS TO COME Zoning Changes Zones in the Crowland By-law (By-law 1538) being renamed and added to 79-200 include: Current Zoning Title Proposed Zoning Title Rural –Agricultural Agricultural 2 Public and Private Open Space Open Space Public and Private Zones in the Humberstone By-law (By-law 70-69) being renamed and added to 79- 200 include: Current Zoning Title Proposed Zoning Title Agricultural Agricultural 1 Page 225 of 596 A GREAT CITY…FOR GENERATIONS TO COME Zoning Changes General Text Changes •Accessory Structure Regulations: Standardized across the former by-laws to ensure consistency in how garages, sheds, and similar structures are treated. •Definitions: Updated and expanded to reflect terminology used in the former by- laws, making the document more user-friendly. •Yard Projections and Obstructions: Aligned with rules from Willoughby, Crowland, and Humberstone to maintain existing allowances for porches, decks, and similar features.Page 226 of 596 A GREAT CITY…FOR GENERATIONS TO COME Policy Analysis •The proposal aligns with the Provincial Planning Statement, Niagara Official Plan, and City of Niagara Falls Official Plan. •The proposed consolidation of the City’s existing Zoning By-laws is an administrative amendment. No changes to land use permissions or increased development potential are provided but rather, aligns existing permissions into a unified and modernized format. •The consolidation respects existing zoning permissions. Where there are known inconsistencies between zoning and Official Plan designations these will be resolved through the City’s future policy and zoning updates.Page 227 of 596 A GREAT CITY…FOR GENERATIONS TO COME Recommendations 1.That Council APPROVE the amendments to the City’s Zoning By- law No. 79-200 and REPEAL By-law 395/66, By-law 1538 (1958) and By-law 70-69, as outlined in this report.Page 228 of 596 CS-2025-31 Legal Services Report Report to: Mayor and Council Date: June 17, 2025 Title: 2025-2026 Insurance Program Renewal Recommendation(s) 1. THAT Council RECEIVE Report CS-2025-31, 2025-2026 Insurance Program Renewal for information; 2. THAT Council APPROVE the 2025-2026 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE); 3. THAT Council AUTHORIZE the City Solicitor to execute the necessary documents with IPE for the provision of Comprehensive Insurance Services for the period July 1, 2025 – June 30, 2026 in the amount of up to approximately $2,159,939 plus applicable taxes. Executive Summary The City’s insurance program operates on an annual basis, which is renewable on July 1st of each year. The current coverage expires on June 30, 2025, and staff have reviewed the existing program for adequacy of coverage and recommends the City renew. The insurance program will be effective July 1, 2025 to June 30, 2026. The proposed annual premium of $2,159,939 is an increase of 0.58% or $12,530 from the previous year’s premium of $2,147,409. The primary driver of the minor premium increase for the 2025-2026 year is related to the insurance market softening and only the core coverages had slight increases while all other coverages remained flat. Background The City requires an insurance program to mitigate potential liabilities incurred during the performance of its many services and responsibilities. On an annual basis, staff performs a review of the rates charged and the coverages provided for adequacy and completeness. The City has performed these reviews during this process. A supplementary Closed Session report (Report INC-CS-2025-10) has been included on this subject. Analysis The municipal insurance market is softening. This means an increased appetite and more favourable rates for those municipalities with good loss history and pricing has Page 1 of 4 Page 229 of 596 remained mostly in the single digit range across municipalities. This is a positive improvement over the previous few years during the hard market. Financial Implications/Budget Impact The insurance program is reviewed and renewed annually to ensure that the coverages are sufficient and that the City municipal assets are properly valued in the program. The insurance program covers a one year period from July 1, 2025 to June 30, 2026. The cost of the City’s insurance program has increased from $2,147,409 (2024-2025) to $2,159,939 (2025-2026). The year-over-year increase is $12,530 or 0.58%. The primary policies are General Liability, Property and Auto insurance. The primary driver of the minor premium increase for the 2025-2026 year is related to only the core coverages, these being General Liability, Excess Liability, Automobile, Equipment Breakdown and Property insurance which had slight increases. All other coverages remained flat due to the insurance market softening. The insurance industry is beginning to soften as insurers are offering favourable pricing and capacity to take on risks is improving. This is a positive improvement over the previous 4 years of a hard market with high rates, restrictive terms and less competition. Stability in these market conditions is important. First, the stability of the insurer, IPE. Because of IPE’s diligent underwriting practices in the past, when hard markets hit, IPE clients, other that premiums in excessive swings not do City, the including see municipalities might experience. Secondly, good risk and claims management practices of the municipality ultimately lead to more stable premiums over time. This is true of the City of Niagara Falls and is evident in the City’s premium history as follows: Policy Year Total Premium Increase 2019-2020 +4.10% 2020-2021* +12.54% 2021-2022* +12.66% 2022-2023* +12.70% 2023-2024* +8.66% 2024-2025 +6.97% 2025-2026 +0.58% *(hard market) Double digit premium increases in the high teens to low twenty’s have been typical for Canadian municipalities for the past 4 years of hard markets. However, the City remained more favourable in the low teens and single digits during those hard market years. Since 2024, the insurance market has been softening, and the City continues to experience very favourable low premium increases. Page 2 of 4 Page 230 of 596 The City has utilized and benefited from IPE’s many no-cost risk management services that continues to assist with identifying and mitigating risks, and has been noted by IPE’s underwriters. In the last three years, the City has had 22 comprehensive building inspections completed. When hazards are identified during inspections, the City is quick to correct them and confirm completion. The City has utilized IPE’s advisory services including contract reviews and risk consulting advice, and has accessed educational seminars including tailored, in person training for operations staff. This continued pro- active risk management is recognized by IPE and their insuring partners. In accordance with the City's Procurement Policy 001, insurance premiums are exempt from the formal procurement process as per Schedule A, Section 4.6, thereby permitting the City to negotiate renewal terms with the current provider. As the renewal insurance policy increase premium is approximately 0.58%, Staff anticipate a favourable budget variance at year end of approximately $107,000 or 4.4%. Strategic/Departmental Alignment The City’s municipal insurance renewal program best aligns with the City’s Strategic Priority of “Financial Sustainability.” Insurance reduces liability and property exposures. The City’s insurance portfolio supports long-term financial sustainability and fiscal responsibility by providing protection against financial loss of assets including buildings, structures, contents, equipment and vehicles. Insurance also provides protection for negligent acts attributed to employees, Council Members, and volunteers while conducting their activities as directed by the City of Niagara Falls. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Contributor(s) Matt Greenfield, Supervisor of Financial Reporting and Analysis Katya D'Uva, Senior Financial Analyst Written by: Nidhi Punyarthi, City Solicitor Janet McQuay, Risk Manager Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 06 Jun 2025 Shelley Darlington, General Manager of Corporate Approved Page 3 of 4 Page 231 of 596 Services - 10 Jun 2025 Jason Burgess, CAO Approved - 11 Jun 2025 Page 4 of 4 Page 232 of 596 CS-2025-34 Finance Report Report to: Mayor and Council Date: June 17, 2025 Title: Debenture Financing for Adopted 2025 Capital Budget Recommendation(s) 1. THAT the debt financing outlined in Attachment 1, per the 2025 Capital Budget BE APPROVED; 2. THAT the Annual Repayment Limit (ARL) in Attachment 2 BE RECEIVED for information; 3. THAT staff BE AUTHORIZED to execute all agreements necessary to finance capital projects with debentures as outlined in Attachment 1. Executive Summary On November 26, 2024 the 2025 Mayor’s Proposed Capital Budget (Report F-2024-42) was deemed adopted. With the final capital budget established, staff wish to formalize the requested debt approval of $2.4M. This proposed debt will be borrowed through Infrastructure Ontario for a term of 25 years for the MS64-23 Montrose/Biggar/Reixinger Reconstruction (SNH) capital project with the first phase of debenture issuance for this project planned for October 2025. Background At the Special Council meeting on November 26, 2024, the 2025 Mayor’s Proposed Capital Budget (Report F-2024-42) was deemed adopted. All amendments that were proposed by Council were approved, and none of those amendments impacted the proposed debt financing for capital projects. The Mayor did not exercise his veto rights to Council's amendments, and subsequently the 2025 Capital Budget was adopted. Recommendation number 8 in Report F-2024-42 was approved by Council as follows: THAT Council DIRECT staff to report back to Council for formal approval of debt financing outlined in Attachment 1, once the 2025 Mayor's Proposed Capital Budget has been adopted. Page 1 of 6 Page 233 of 596 This report seeks the formal approval of debt financing, as outlined in Attachment 1 to this report (previously reported to Council on November 26, 2024). Additionally, the impacts of debt financing on the City's Annual Repayment Limit are presented in Attachment 2 (also previously reported to Council on November 26, 2024). Analysis Throughout recent capital budgets, staff have had to balance the asset management needs of the City to maintain current levels of service, assessing which strategic and service level enhancement capital investments to make, as well as ensuring taxpayer affordability. This has ultimately 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 funds are available. In early 2022 (post-Covid), interest rates were favourable, which allowed staff to suggest an increased use of debt as a financing tool; however, with increased interest rates from mid-2022 through to the first half of 2024, staff had to adjust our approach by targeting specific long-term investments for the accumulation of debt. The Bank of Canada has now lowered its policy rate steadily over the last year, and interest rates have once again become more favourable from a borrowing perspective. The chart below shows the recent changes in the Policy interest rate, as obtained from The Bank of Canada's website (https://www.bankofcanada.ca/core-functions/monetary-policy/key- interest-rate/): Date Target (%) Change (%) April 16, 2025 2.75 --- March 12, 2025 2.75 -0.25 January 29, 2025 3.00 -0.25 December 11, 2024 3.25 -0.50 October 23, 2024 3.75 -0.50 September 4, 2024 4.25 -0.25 July 24, 2024 4.50 -0.25 June 5, 2024 4.75 -0.25 April 10, 2024 5.00 --- March 6, 2024 5.00 --- January 24, 2024 5.00 --- December 6, 2023 5.00 --- Operational Implications and Risk Analysis Gross debt financing proposed via the 2025 Capital Budget will not create an operating impact because the new debt in 2025 ($2.4M) is fully funded by Development Charges. Page 2 of 6 Page 234 of 596 Financial Implications/Budget Impact Debt is a strategic funding tool that staff have tried to utilize more of when rates are favourable and vice-versa. 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 debt financing summary illustrating the current debt levels against the repayment limits can be found in Attachment 2. The total debt repayments will be 5.75% of own source revenues as proposed in the 2025 Mayor’s Proposed Capital Budget. 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 will continue to monitor interest rates and capitalize on favourable rates when possible. The $2.4M of proposed debt will be borrowed through Infrastructure Ontario for a term of 25 years for the MS64-23 Montrose/Biggar/Reixinger Reconstruction (SNH) capital project with the first phase of debenture issuance for this project planned for October 2025. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. To be efficient and effective in our delivery of municipal services and use of resources and accountable to our citizens and stakeholders Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Contributor(s) James Dowling, Deputy Treasurer Matt Greenfield, Supervisor, Financial Reporting and Analysis List of Attachments Page 3 of 6 Page 235 of 596 CS-2025-34 - Attachment 1 - Debenture Financing for Adopted 2025 Capital Budget - Debt Financing Summary CS-2025-34 - Attachment 2 - Debenture Financing for Adopted 2025 Capital Budget - Annual Repayment Limit (ARL) Written by: Jennifer Little, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 05 Jun 2025 Shelley Darlington, General Manager of Corporate Services Approved - 05 Jun 2025 Jason Burgess, CAO Approved - 10 Jun 2025 Page 4 of 6 Page 236 of 596 Attachment 1 - Debenture Financing For Adopted 2025 Capital Budget - Debt Financing Summary CS-2025-34 June 17, 2025 Levy % Project Description Principal Term Rate Total Payment 2025 2025 Levy Impact Proposed Debt in 2025 Capital Budget MS64-23: Additional Montrose Funding 2,400,000$ 25 4.46%161,188$ 161,188$ N/A - DC Proposed Debt in 2025 Capital Budget 2,400,000$ 161,188$ 161,188$ 0.00% Levy Year 2025 Capital Budget - Debt Financing Summary Page 5 of 6 Page 237 of 596 Attachment 2 - Debenture Financing for Adopted 2025 Capital Budget - Annual Repayment Limit (ARL)CS-2025-34 June 17, 2025 Legislated ARL Debt Policy ARL Current Debt Charges Approved Debt Not Issued Proposed Debt Charges Debt Contingent on Grants Debt Contingent on Further Approvals Annual Debt Repayment Total Annual Repayment Gross Debt Proposed New Debt Total Gross Debt 4.67% $8,320,088 5.65% $10,066,633 5.74% $10,227,821 $- $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 2025Annual Debt RepaymentAnnual Repayment Limit (ARL) as of November 2024 Annual Debt Repayment Legislated ARL Debt Policy ARL Legislated ARL ($44.6M = 25% of Own Source Revenue) Policy ARL ($26.7M = 15% of Own Source Revenue) Page 6 of 6 Page 238 of 596 CS-2025-35 Legal Services Report Report to: Mayor and Council Date: June 17, 2025 Title: Filing Claims with the City Through the City's Online Claim Portal Recommendation(s) 1. That Council RECEIVE this report for information. Executive Summary Staff have developed an online claim portal for residents to file their claims with Risk Management electronically and thereby making it easier for residents to file certain types of claims. The objective of this project is to align with the increasing modernization and digitization of claim filing, review and adjudication. Other major municipalities such as the Region also provide a similar service to their residents. Background Historically, the City accepted claims only by personal service or registered mail upon the City Clerk’s office. Permitting residents the option of filing claims online increases access to the claims process. Importantly, the ability to deliver claims to the City by traditional means (i.e., dropping off at the City Clerk’s office, or service by registered mail) still exists and will not be replaced by this option. Certain claims are also easier for Risk Management staff to evaluate using existing resources or staff City by prepared records City example, (for the at reviewing conducting interviews with City staff). Risk Management has been consistently moving towards proactively evaluating such claims and “adjusting” or deciding them fairly and efficiently using in-house resources. To that end, the new online portal allows for online submission capability for certain types of claims. Typically, these categories of claims involve a more efficient use of resources to get to a decision. In other words, staff are usually able to review and decide on certain types of claims using City records only. These three categories of claims are as follows: Damage to a vehicle (pothole) Forestry (damage to a home or vehicle) Page 1 of 12 Page 239 of 596 Sewer backup It is also easier for residents to document details of such claims in the online claim form and and consideration Management Risk staff’s documents relevant attach for evaluation. Analysis Claim filing process Online claims can be submitted easily by accessing the City’s online claim portal, see 1Appendix online Once portal. claim the into enters resident The . information submitted, the claim portal will automatically generate a claim form, see Appendix 2, and a PDF claim form is emailed to the resident and to Risk Management. The resident will also get an email with further information about next steps and what to expect in terms of when a decision will be rendered. Disclaimers Under the Municipal Act, if a claim against the City involves a road, and if the claimant wishes to maintain legal action against the City, the claimant must also serve a written copy of the claim on the City Clerk within 10 days of the incident. This provision of the Municipal Act has not been repealed, and Staff has ensured that this disclaimer exists in various places for the resident to see: (1) on top of the online claim portal page; (2) on the City’s claim form; and (3) in the email that the resident receives back after completing and submitting the online claim form. Staff will still review and adjudicate on all claims received whether online or hard copy. The Municipal Act limitation is similar to the two-year period under the Limitations Act, and it is important for the resident to be mindful of same if they wish to commence legal action against the City and not have that legal action be dismissed because of a technicality. Operational Implications and Risk Analysis The portal developed by City staff is similar to other portals on the City’s website, such as the portals to request purchasing surplus lands, or request a deputation before Council, and even the upcoming portal to file a request for screening an administrative monetary penalty. to similar staff City by safeguarded through portal the submitted Information is information submitted through traditional means. It is also subject to the Municipal Freedom of Information and Protection of Privacy Act, and claimants are advised of this. Financial Implications/Budget Impact With the introduction of the claim portal, this could lead to an overall increase in the number claims submitted against the City. Risk Management will monitor the frequency and severity of claims submitted electronically against the City. Nonetheless, the Page 2 of 12 Page 240 of 596 objective of this exercise is to facilitate the input and delivery of claims by the resident by giving the resident additional options for filing claims with the City. It is also hoped that with digital access to information, staff can more easily access relevant information and can render a decision more quickly. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Contributor(s) Nidhi Punyarthi, City Solicitor and Director of Legal Services List of Attachments Appendix 1 - On-Line Claim Portal Appendix 2 - City Claim Form Written by: Janet McQuay, Risk Manager Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 06 Jun 2025 Shelley Darlington, General Manager of Corporate Services Approved - 10 Jun 2025 Jason Burgess, CAO Approved - 11 Jun 2025 Page 3 of 12 Page 241 of 596 City of Niagara Falls (niagarafalls.ca) Home >City Hall>Legal> This form has been provided for convenience purposes only. It is not a substitute for preserving your right to bring legal action against the City, for which you will need to also serve a written copy of your claim form on the City Clerk within 10 days of the incident at issue. Failure to fill out all the required fields and provide all requested and available supporting information and documents may result in the denial of your claim, and such denial will be final with no further recourse against the City. 1. - Claimant Information Make a Claim Against the City of Niagara Falls * Type of Claim (required) Select One * First Name (required) * Last Name (required) Organization/Business Name * Mailing Address (street number & name, Apt #, Suite #, P.O. Box) (required) 5/29/25, 11:45 AM Make a Claim Against the City of Niagara Falls | City of Niagara Falls, Canada https://niagarafalls.ca/city-hall/legal/make-a-claim-against-the-city-of-niagara-falls.aspx 1/7Page 4 of 12 Appendix 1 Page 242 of 596 * City / Town (required) * Postal Code / ZIP Code (required) * Province / State (required) Ontario * Country (required) Canada A phone number for contact is required. Please provide at least one phone contact. Home Phone Cell Phone Work Phone Extension * Email(required) 5/29/25, 11:45 AM Make a Claim Against the City of Niagara Falls | City of Niagara Falls, Canada https://niagarafalls.ca/city-hall/legal/make-a-claim-against-the-city-of-niagara-falls.aspx 2/7Page 5 of 12 Page 243 of 596 2. - Details of the Claim * Incident Date (required) mm/dd/yyyy * Incident Time (required) --:-- -- * Nearest Municipal Street Address (Example: 4310 Queen Street) (required) * Details and Description of Incident (required) * Claim Amount (required) Attach any copies of invoices, estimates, receipts near the bottom of the page 5/29/25, 11:45 AM Make a Claim Against the City of Niagara Falls | City of Niagara Falls, Canada https://niagarafalls.ca/city-hall/legal/make-a-claim-against-the-city-of-niagara-falls.aspx 3/7Page 6 of 12 Page 244 of 596 3. - Vehicle Involved Vehicle Incident Details This claim involves vehicle damage * Vehicle Year (required) * Make / Model (required) * Mileage (required) * Owner (required) * Driver's Name (required) * Number of Passengers (required) * Speed of Vehicle (km/h)(required) * Direction of Vehicle (required) Select One 5/29/25, 11:45 AM Make a Claim Against the City of Niagara Falls | City of Niagara Falls, Canada https://niagarafalls.ca/city-hall/legal/make-a-claim-against-the-city-of-niagara-falls.aspx 4/7Page 7 of 12 Page 245 of 596 * Lane (required) Select One * Condition of Road (required) Select One * Decribe the weather conditions at time of incident (required) * Describe the exact location of the disrepair on the roadway (Was the disrepair located on the paved portion or shoulder area?) (required) * Describe the disrepair on the roadway (include dimensions) (required) Photos of Disrepair Choose Files No file chosen 5/29/25, 11:45 AM Make a Claim Against the City of Niagara Falls | City of Niagara Falls, Canada https://niagarafalls.ca/city-hall/legal/make-a-claim-against-the-city-of-niagara-falls.aspx 5/7Page 8 of 12 Page 246 of 596 Supporting Documentation Submit electronic documents (photos, estimates, invoices) supporting my claim. Each file has to be a maximum of 5 MB, and all files must be less than 10 MB. Only PDF, JPG, DOC(X), XLS(X), PNG and TXT formats will be accepted. Attachment 1 Choose File No file chosen Attachment 2 Choose File No file chosen Attachment 3 * Describe any signs that warn of road disrepair (e.g. construction signs, traffic cones, bump ahead) (required) * List names of any independent witnesses (required) There was construction in the area I have notified my auto insurance company 5/29/25, 11:45 AM Make a Claim Against the City of Niagara Falls | City of Niagara Falls, Canada https://niagarafalls.ca/city-hall/legal/make-a-claim-against-the-city-of-niagara-falls.aspx 6/7Page 9 of 12 Page 247 of 596 Choose File No file chosen Delivery Options 1. Via REGISTERED mail, OR 2. By delivering in person at City Hall between 8:30 a.m. - 4:30 p.m. Monday to Friday, OR 3. By placing envelope addressed to City Clerk in secure exterior drop box available 24-7. The drop box to be used says “Payments Only No Cash”. Drop Boxes are found: Erie Avenue at City Hall Main Entrance at City Hall Notice of Collection Any personal information or personal health information submitted will be collected, used, and disclosed, where applicable, by members of City staff according to the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act. Any information you share will only be used for the intended purpose for which it was provided. * I confirm I will send this form along with supporting documentation to the City Clerk. The Submitter agrees that checking this box and submitting this form constitutes an electronic signature and the parties may rely upon such electronic signature as though it was an original signature. In addition, the Submitter is certifying that the information submitted is correct. NOTE: There may be a delay in receiving confirmation. Please check your junk/spam mailbox to ensure it did not get filtered out. If you have not received the email confirmation by the next business day, please contact Risk Management at 905-356-7521 Ext. 6700. 5/29/25, 11:45 AM Make a Claim Against the City of Niagara Falls | City of Niagara Falls, Canada https://niagarafalls.ca/city-hall/legal/make-a-claim-against-the-city-of-niagara-falls.aspx 7/7Page 10 of 12 Page 248 of 596 This document contains both information and form fields. To read information, use the Down Arrow from a form field. ☐ ☐ ☐ First Name: Last Name: Organization/Business Name: Mailing Address (street number & name, Apt #, Suite #, P.O. Box) City / Town: Province / State: Postal Code / ZIP Code: Country: Home Phone: Cell Phone: Work Phone: Extension: Email: Incident Date (mm/dd/yyyy) ☐ ☐ Nearest Municipal Street Address (Example: 4310 Queen Street) Details and Description of Incident: Claim Amount: City of Niagara Falls – Claim Form October 2024 This form has been provided for convenience purposes. If you are making a road-related claim and you wish to sue the City in court for a road-related claim, you will also need to serve a written copy of your claim form on the City Clerk within 10 days of the incident at issue. Options on how to serve the City Clerk are provided further below. Failure to fill out all the required fields and provide all requested and available supporting information and documents may result in the denial of your claim, and such denial will be final with no further recourse against the City. Type of Claim (Select one) Damage to Vehicle (Pothole) Forestry (Damage to Home or Vehicle) Sewer Backup PART 1 Claimant Information PART 2 Details of the Claim Incident Time: AM PM Page 11 of 12 Canada Ontario APPENDIX 2 Page 249 of 596 ☐ Vehicle Year: Make / Model: Mileage: Owner: Driver’s Name: Number of Passengers: Speed of Vehicle (km/h) Direction of Vehicle: Lane: Condition of Road: Describe the weather conditions at time of incident: Describe the exact location of the disrepair on the roadway: (Was the disrepair located on the paved portion or shoulder area?) Describe the disrepair on the roadway (include dimensions): Describe any signs that warn of road disrepair: (i.e. construction signs, traffic cones, bump ahead) List names of any independent witnesses: ☐ ☐ ☐ Signature Date (mm/dd/yyyy) PART 3 Vehicle Involved This claim involves vehicle damage There was construction in the area I have notified my auto insurance company PART 4 Supporting Documentation Attach supporting documentation (photos, estimates, invoices) supporting your claim. Delivery Options 1.Via REGISTERED mail, OR 2.By delivering in person at City Hall between 8:30 a.m. – 4:30 p.m., Monday to Friday, OR 3.By placing envelope addressed to City Clerk in secure exterior drop box available 24-7. The drop box to be used says “Payments Only No Cash”. Drop Boxes are found: •Erie Avenue at City Hall •Main Entrance at City Hall Notice of Collection Any personal information or personal health information submitted will be collected, used, and disclosed, where applicable, by members of City staff according to the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act. Any information you share will only be used for the intended purpose for which it was provided. Signature (tick box) I confirm I will send this form along with supporting documentation to the City Clerk. The Submitter agrees that checking this box and submitting this form constitutes an electronic signature and the parties may rely upon such electronic signature as though it was an original signature. In addition, the Submitter is certifying that the information submitted is correct. (OPTIONAL) If you are submitting a printed copy of this form, please sign & date below: Page 12 of 12 East Curb Lane on Double Lane Road Snow Covered Page 250 of 596 CS-2025-36 Clerks Report Report to: City of Niagara Falls Council Date: June 17, 2025 Title: Fee Waiver Applications - June 2025 Submissions Recommendation(s) 1. THAT Council approve, approve in part or deny the Fee Waiver applications received for the June 17, 2025 submission date, listed as follows: Project Share of Niagara Falls - Coldest Night of the Year - in the amount of $226.00 to waive the costs of the "road use special event permit." Niagara Jazz Festival - Sax in the City - in the amount of $1,632.85 to waive the costs of the Exchange facility rental. Chippawa Volunteer Firefighters Association - Chippawa Cruise Nights - in the amount of $3,038.49 to waive the costs associated with the Chippawa Lions parking lot. Victim Services Niagara - 2025 Victim Services Niagara Police vs Fire Charity Softball Game - in the amount of $115.34, to waive the costs associated with the hourly rate for the athletic field and lighting. Meals on Wheels Niagara Falls/Niagara-on-the-Lake - Souper Lunch - in the amount of $200.00 for the waiving of the fees associated with the rental of the Memorial Room at the Gale Centre. Cat & Monkey Events/Ronnie Dons Ice Cream - Halloween on Queen - in the amount of $905.00 to waive the costs associated with the road closure, staffing, equipment and permit application fee. 2. THAT Council DENY the Fee Waiver request from P.L.A.Y. Niagara for the estimated $4308 in fee waivers for ice rental so as not to set precedent for other school groups looking for similar waivers. (See below under "background" for further details) Executive Summary Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper, positively impacting the quality of life of Niagara Falls residents. Page 1 of 65 Page 251 of 596 The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related to the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to: •Park permit fees •Rental of City Property •Road Closure Fees •Staffing costs outside normal operations Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to: •Registered charities •Arts and culture organizations •Athletic and social clubs •Service clubs •Neighbourhood groups and organizations, •School associations Staff continue to follow the approval process adopted by Council in 2023. In accordance with the Fee Waiver Policy, there will be two more opportunities in 2025 for community groups to submit requests for fee waivers, which will be considered for approval by Council in June and September 2025. Background CHANGE FOR FEE WAIVER REQUESTS: The changes in process, as adopted by Council at the February 28, 2023 Council Meeting, are as follows, 1) That Council consider Fee Waiver Requests three (3) times per year. The consideration dates would be March, June and September. By considering requests in a bundled fashion, Council will be able to better allocate their budget evenly across the calendar year and to organizations. If an organization misses an approval meeting, the organization can apply for a fee refund (or, in other words, pay the fee and then ask Council to refund all or a portion of the fees paid). 2) That Council consider the granting of partial fee waivers, for example approving a portion of a fee waiver request rather than always approving the full fee waiver. Page 2 of 65 Page 252 of 596 GRANT REQUESTS: Attached to this report are all fee waiver applications. Each application outlines a detailed event description, including dates, locations and other specifics pertaining to each request. Comments regarding Recommendation #2 - P.L.A.Y. Niagara: Staff are not recommending Council approve the fee waiver request submitted for P.L.A.Y. Niagara, as to not set a precedent for other school groups looking for ice rental fee waivers as per the City’s Fee Waiver Policy that states that the "waiving of fees is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget.” Our Senior Manager of Arenas and Athletic Field, provided the following comments for consideration: Precedent Concerns: Approving a full-year waiver for one group would risk setting a precedent for other educational institutions and organizations to request similar exceptions, thereby challenging the City’s ability to manage facility resources fairly and equitably. Policy Compliance: The request seeks a waiver to cover ice time costs for recurring use over an entire year. Current city policy allows for a waiver of facility fees for one event per calendar year per organization. Granting this request would exceed the permitted scope and deviate from established guidelines. Community Benefit: The application does not demonstrate a broad or general benefit to the wider community. While the group serves its members, the impact is limited to a specific small group rather than the public at large. We rent ice to 4 of the 5 high schools for their school hockey teams and 2 large tournaments. Each year we have 4-5 elementary schools that rent the ice a few times for school public skates. As mentioned above, we don’t want to set a precedent for these schools to also request their fees to be waived. Analysis Grant Requests These fee waiver requests amounts to a substantial portion of the total fee waiver budget that Council has, so this is a significant portion of the total budget for the first quarter of the year. Council can also consider some alternatives to the staff recommendation: Page 3 of 65 Page 253 of 596 1) Council can approve the full amount of the request understanding that additional requests may not be satisfied this year. 2) Council can approve a portion of the request currently and then if there is budgetary room later in the year consider a refund of the portion paid. Financial Implications/Budget Impact If all fee waiver applications received are approved in full, $48,720.74 will be charged to the 2025 fee waiver operating budget. The 2025 fee waiver applications being considered via this report total 95% of the total 2025 fee waiver budget, leaving $2,279.26 available for fee waivers to be considered in September 2025. Page 4 of 65 Page 254 of 596 A summary of the financial impacts is shown in the table below: Table - 2025 Fee Waiver Operating Budget Organization/ Event Fees Waived By Council (2025) 2025 Budget - Fee Waiver Requests $51,000.00 REQUESTS FOR CONSIDERATION (June 2025) Project Share of Niagara Falls - Coldest Night of the Year - Feb.22, 2025 $226.00 Niagara Jazz Festival - Sax in the City Saturday, June 21, 2025 $1,632.85 Chippawa Volunteer Firefighters Association - Chippawa Cruise Nights (Wednesdays from May - September 2025) $3,038.49 Victim Services Niagara - 2025 Victim Services Niagara Police vs Fire Charity Softball Game - August 15, 2025 $115.34 Meals on Wheels - Souper Lunch - November 19, 2025 $200.00 Halloween on Queen Saturday, October 11, 2025 $905.00 TOTAL of June 2025 Applications $6,117.68 PREVIOUS REQUESTS APPROVED IN 2025 Knights of Columbus Basketball Free Throw - June 26, 2025 $154.28 Meeting Room Rental Fee for 2025 - Big Brothers Big Sisters of Niagara - April to December 2025 $8,791.40 Stamford Centre Volunteer Firefighters Association Annual Easter Egg Hunt - April 18, 2025 $2,600.00 Book Riot - 2025, Women's Place of South Niagara - o/a Birchway Niagara - May 29 - June 9, 2025 $10,238.00 Page 5 of 65 Page 255 of 596 Charity Comedy Show, Niagara Health Foundation - March 23, 2025 $884.79 Cruising on the Q, Heart Niagara - May 21 - September 10, 2025 (Every Tuesday) $5,750.00 Simchas bais Hashoaiva, Jewish Niagara - October 20-22, 2024 $800.00 Carifalls Niagara Falls Multicultural Caribbean Carnival Parade, Majestic Multicultural Events Inc. - August 30, 2025 $1,450.00 Second Annual Niagara Falls Golden Horseshoe Multicultural Latin Festival, Majestic Multicultural Events Inc. - July 26, 2025 $1,000.00 Chippawa Volunteer Firefighters Association - Slo Pitch Tournament - July 12 - July 13, 2025 $310.80 Chippawa Volunteer Firefighters Association - Slo Pitch Tournament - August 2025 and September 2025 $5,932.64 Streets on Fire Car Show, Chippawa Volunteer Firefighters Association - June 7, 2025; June 8, 2025 (rain date) $250.00 Meeting Room Rental and recreation passes - MacBain- Pathstone Mental Heatlh - Thursdays in 2025 $4,441.15 Total of approved applications in 2025 thus far (March 2025 submissions) $42,603.06 2025 Budget Remaining $2,279.26 (this is the amount remaining after June 2025 submissions, pending full approval) TOTAL (if approved in this report) $48,720.74 Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 6 of 65 Page 256 of 596 List of Attachments Fee Waiver Application - CNOY - COMPLETED Fee Waiver Application - Niagara Jazz Festival - COMPLETED Fee Waiver Application - Chippawa Cruise Nights (Completed with budget) Fee Waiver Application - Niagara Victim Services - Niagara Police vs Fire Charity Softbal Game (Completed) Fee Waiver Application - Souper Lunch - Meals on Wheels Niagara Falls (completed) Fee Waiver Application - Halloween on Queen (Completed) (2) Fee Waiver Application - PLAY Niagara (combined) redacted Written by: Heather Ruzylo, Supervisor, Clerks & Council Services Submitted by: Status: Bill Matson, City Clerk Approved - 10 Jun 2025 Shelley Darlington, General Manager of Corporate Services Approved - 10 Jun 2025 Jason Burgess, CAO Approved - 11 Jun 2025 Page 7 of 65 Page 257 of 596 Fee Waiver Application Form HHS (\N‘AHA Nia‘r its a Name of Event:Coldest Night of the Year OrganizationName;Project SHARE of Niagara Falls lnc Organization Address:2'4129 Stanley AVG City:Niagara Falls Postamode:L2E 7H3 Contact Name:Jenelle Gummesen position:Fundraising Events Coordinator Phone Number (days):905-357-5121 QXt233 Phone Number (evenings):289'686‘5955 Ema":events@projectshare.ca Website:projectshareca Type of Organization: *Not—for—profit incorporation #: I Charitable Organization Registration #1 107861338RR0001 Other (please specify): The City of Niagara Fallswillwaive fees that would have been charged by the City for eligible non-profit groups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City’s support of functions and events through the waiving offees is facilitated in a fair and equitable manner and does not burden the City’sannual operating budget. Examples of City fees that can be waived include,but are not limitedto:-Park permit fees-Rental of City Property-Road Closure Fees -Staffing costs outside normal operations Note:insurance fees willnot be waived.Page 1 of 4Page 8 of 65Page 258 of 596 3!?Fee Waiver Application Form Niaa?alls"\‘y’AD-t’t Applications can be submitted by email to:clerk@niagarafalis.ca in person or by mail to:City all 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Amount of Request:$226 Fees to be Waived (i.e.facilityrental,park permit,etc): Dates and Times:February 22:2025 "4'8pm Purpose of Event:Fundraising walk Number of People Expected:200 Admission Fee (Ifapplicable): Are you sewing food?Yes Are you sewing alcohol?NO 1.How willyour activity or event enhance recreation and community services in the City of NiagaraFalls? Our fundraising event willprovide residents an opportunity to participate in a fun,active activity tosupportourmostvulnerableneighboursinneed.Proceeds from this fundraising event willsupportProjectSHARE'Semergency food program which supports an average of 120 families every day. 2.Please describe the projected social,cultural,economic and environmentalimpact that the activityoreventwillhaveontheCityanditsresidents. The event willhelp improve food security,and increase and help garner long term support by building relationships with new donors and eventparticipants.Page 2 of 4Page 9 of 65Page 259 of 596 , Fee Waiver Application Form :Nia‘gara?(A; l 3.What willthe impact on the event be ifthe fee is not waived? Less proceeds willbene?tProject SHARE‘semergency food program iffeeswarenotwaived.We strive to have minimal to no event costs so all of the fundraising efforts can support the 100 families who access our emergency programs every day. 4.Are you seeking funding fromany other sources?(Fundraising,grants,sponsorships) This is a fundraising event where participants collect pledges.We have also secured sponsorships for the event. 5.What features willyou have in placeto ensure that your event is accessible to allresidents (residents withdisabilities)? This event willbe both inside and outside,and participants of all abilitieswillbe welcome. Please submit one copy of each of the followmg documents. Mandatory Documents 0AA detailed budget,showing revenues and expenditures (3!Documentsrelatingto City rental permit(ifapplicable): -Dates,times and locationof event.AllCity fees associated withthe event t3 Confirmationletter from charity (ifapplicable):.For specialevents whereby a portion or all of the proceeds are being donated to charity,a confirmationletter from that charity must accompany the application 'Administrative Permit Fee $226.00Completedbny/tr’ww )W‘Mad Signature:/%Ms._.M t/Page 3 of4Page 10 of 65Page 260 of 596 Fee Waiver ApplicationForm On behalf of,and Withthe authority of,theabove~mentionedorganization,we certify that the informationgiveninthisapplicationforwaivingofCityfeesistrue,correct andcomplete in every respect.6/6%??ég?é/???é’y?eW321?”Mar22/12.; Name and Title DateSignature/6 Senior St ”a...“ Signature of Board Chair/Representative Name and Title Date Personalln Personal information,as defined in the MunicipalFreedom of information and Protection of Privacy Act(MFIPPA),is collected'underthe“authority of the MUnicipal Act;2001 .as amended,and in accordance withMFIPPA.Personal informationcollected on this application formwillbe used to assist in granting fee waiversandwillbemadeavailabletothemembersofCityCoumzilandstaffandusedforadministrativepurposes.informationcollected may be subject to disclosure in accordance withthe provisions of MFIPPA.TheCityreservestherighttoverifyallinformationcontainedinsubmissions. Questions regarding the collection,use and disclosure of this personal informationmaybe directed to the CityClerk,BillMatson,at bmatson@niagarafalls.ca Bycompleting this application form,you consent to the collectionand disclosure of your personal information,and to its use by the Cityof Niagara Falls,as described above.' x Page 4 of 4Page 11 of 65Page 261 of 596 4129 Stanley Avenue,Unit2,Niagara Falls,OntarioL257H3 P:905-357-5121 E:info@projectshare.ca W:wwwprajeetshare.ea {Eur meamunity At:Wade CharitableRegistration Number1078613388R0001 March 24,2025 Project SHARE of Niagara Falls is a Registered Charity with the Canada RevenueAgency(CRA). Our charitabletax number is 107 861 338 RR0001 ifyou have any questions or require additional information,please contact me directly. AJ Heafey Interim Executive Director Tel:(905)357—5121,Ext.255 Email:aj.h@projectshare.caPage 12 of 65Page 262 of 596 Page 13 of 65Page 263 of 596 wanna»3nwmzmo.unoommammomahomm mm<macm>25:3Um?”mcamm»>9:imw-2.9aim»>2::mm-gm“wiwm mime308QOmgm‘?mmm?mboobo 4.3m—mm<m3cm393Nam3925.8 mxumzmmm moon350338mmwNm?mw$9000.00mmsxmmmmmmbo jam.mxumammm39398$3.898|_ Uamumamag023moumnmo?25:meomEzmnom U839mI>mm oomlmmwkigm5NMN Bdo?mrm?mbm 204m”<<m«25quw.33..3.0325:5503.3Ema—353‘”:>9:~083.96:mnom3::mimmoo—.3533 «Sim5CE.wmamomucous”.<<mgmm::mmsm50mm332w253353?man33:033mamino»0*3m»monoci3«?amingmmm»9:.<mmqman25%at»? 430mmmxumsmmmmum30:53536~25:mm5230:Emnm5>3:man§m<Nona.€30:ansmmmxumammm05:.35mm». <<m@034332333:0:omm:52.8mmm:wmsmo352:5559:.30a00memamEnummmimo:mScimnUmmmm.Page 14 of 65Page 264 of 596 Page 15 of 65Page 265 of 596 ,,Transportation Services Depariment- '8208 Heartland Forest Road . ' , '‘1?NiagaraFalls,ON L2H0L7 '1_,I ;, PERM”NUMBERNldgdpd?g?Website.wwwniagarafails ca‘TeI:(905)356 7521 Ext 5201Fax(905)355..5576 E-maii:bélsibéggniagarafailsca *2025-018 ROADUSE ___SPECIALEVENTSPERMIT Janelle Gummesen,Project SHARE 2-4129Stanley Avenue,Niagara Falls,ON L2E7H3_ --v ..193053575121Ext.222 F:905-357-6143I ’rofeotshkarep H2025‘Cgidyaeti?ightpfTheYear' V , Saturday,Fabruary22,42o25‘QOEMTQ8ngPM noon Wmden‘nereRoad,westbOLIn“ionlsaacStreetastboundonWindermereRoad,southboundonWmdermereRoadFinish "Allparticipantsmastfollowtherouteasdetailed above.The procession musiwaii<agamstTraf?cwheresidewalksenotava ‘VT'JCeriificateofinsurancetobevalidforThedurationoftheeventmunICIpa‘lIBy-lawstobecompliedwith. MathewBilOdeaLir‘C,E.T.Senior Managerof TransportationServicesFor:General ManagerOfMunicipalWorksTHEAPPLICANTISRESPONSIBLEFORENSURINGTHATALLOF THE ABOVE SPECIALCONDITIONSARE'CITYOFNIAGARAFALLSWITHOUTA VALIDPERMITiS SUBJECTTOREVOCATION.COMPLIEDWITHOTHERWISE THiS PERMIT WILLNOT BEVALIDCARRYING OUT SPECIAL EVENTSINTHE-7fPage 16 of 65Page 266 of 596 Page 17 of 65Page 267 of 596 INVOICE CITYOF NIAGARAFALLS Customer Number :PROJECOOO‘I4310QUEENSTPOBOX1023.0 =»4 Invoice Number :78376i«55/'-1 --2 5NIAGARAFALLS.ON L2E6X5 y #5,“?‘“V°'°°We '1Feb “2 Nitlt'zlrillhIIS Customer P.O.No.:Phone:(905)356-7521 Fax:(905)356-0759 R ~~Due Date :13-Mar-2025 PROJECT SHARE 2-4129 STANLEYAVENUE NIAGARAFALLS ON L2E 7H3 Product Description Quantity Unit Price Amount SPEVPT “EATSUSE SPECIAETETVENTTEERMITM~~~~~~~~~~~~~~~~~ 1,0000 2000000 5200.00EVENT:2025 COLDESTNIGHTOF THEYEAREVENTDATE:FEB22,2025 EVENTTIME:4PM TO 8PM cw»..._..._.y....v_._t_.c.__._...._.“WV“-...__...~..-V_~.....V_~,....-~..._......_._..‘_m.,......._.._t.,....._“mum...“?..___..._._..___._.~..._~....GSTIHSTRegistration Number :R119399392 Total Gross $290.90PLEASEREMITPAYMENTTO:Cityof Niagara Fatts L (EST/HST $26.004310QueenSt.PO Box 1023,Niagara Falls.ON LZE6X5 Total Invoice $225.00“Please enclose remittance portion withpayment”.“M“‘m'mwwwwmmmm Payments can be made online: niagaraIal|s.calcity—ha|I/finance/invoice-payments.aspx A latefee of 1.25%monthlyapplied to overdue accounts.INQUIRIES:905-356~7521K4312 orar@niagarafalls.ca Please return this portion with your payment Customer Number :PROJECOOO1 Invoice Number :78376CustomerName‘,PROJECT SHARE Invoice Amount :5226.002-4129 STANLEYAVENUE Amount PaidNIAGARAFALLS0NL2E7H3 CITYOF NIAGARAFALLS 4310 QUEEN ST PO BOX1023 NIAGARAFALLS,ON L2E5X5Page 18 of 65Page 268 of 596 Page 19 of 65Page 269 of 596 Page 20 of 65 Page 270 of 596 Page 21 of 65 Page 271 of 596 Exchange Rental Market Hall+PatioExchange Rental Market Hall+Patio after hours Exchange Rental LinenExchange Rental StageMuseum Theater RentalMuseum Theater Rental after hours 672.35305.10 39.55 282.50197.75135.60 TOTAL PAID$1,632.85 Chetan Chandratre Page 22 of 65 Page 272 of 596 Page 23 of 65 Page 273 of 596 The Exchange, Niagara Falls Saturday, June 21, 2025 | 7:00 pm - 9:30 pm BUDGET SUMMARY QTY Price Total REVENUE Funder: OCAF 1 $1,500.00 $1,500.00 Event Sponsors $2,167.00 Venue Rental Fee - NF REBATE $1,445.00 Individual tickets (Reg price)100 $30.00 $3,000.00 Individual tickets (MAWS* price)30 $20.00 $600.00 Summer passes 20 $10.00 $200.00 Door CD / Merch TOTAL GUESTS 150 TOTAL REVENUE 8,912.00$ EXPENSES Bands $2,500.00 Emcee + Youth $550.00 Venue Rental Fee $1,445.00 AV $3,000.00 Backline $300.00 Artist Hospitality $250.00 MusiCounts 150 $150.00 Graphic and content creation and printing $300.00 Other: Advertising / SOCAN / Radio $300.00 Admin Costs (10% of total expenses)$839.50 TOTAL expenses $8,795.00 NET 117.00$ Niagara Jazz Festival presents Sax in the City featuring The Shuffle Demons + 2025 Jazz 4 the Ages Youth Winner Page 24 of 65 Page 274 of 596 confirmed (/6 events) - KIA + MINKEN + more to come submitted awaiting approval estimates estimates estimates Page 25 of 65 Page 275 of 596 # R10311 Status Approved Page 1 of 2 2 resource(s)2 booking(s)Subtotal: $1,445.00 Payer Niagara Jazz FestivalSystem User tdryden Home Phone Number (416) 923-7767 Email Address tricia@niagarajazzfestival.com Agent Name Tricia Sabo Organization Phone 1 Number (416) 923-7767Organization Name Niagara Jazz Festival - 1416 TypeCustomer Community Makers Organization Address 20006 Grantham Avenue St Catharines, ON L2M 7W7 Permit #R10311 Status Approved Date Nov 16, 2024 2:09 PM The Corporation of the City of Niagara Falls 4310 Queen Street HST# 119399392 RT0001 Niagara Falls, ON, CA L2E 6X5 PHONE:(905) 356-7521 Permit Rental Fee $1,445.00 HST (Passed On)$187.85 Discounts $0.00 Subtotal $1,632.85 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $1,632.85 Total Payment $1,632.85 Refunds $0.00 Balance $0.00 Sax in the City - Jazz Festival Booking Summary Exchange Market Hall (Exchange Event)Center: The Exchange START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sat, Jun 21, 2025 2:00 PM Sat, Jun 21, 2025 11:00 PM 1 $865.00 Exchange - Rental Hall Com Makr +Patio AFTER HOURS $152.55 / Each x 2 $270.00 Exchange - Rental Hall Community Maker Plus Patio $96.05 / Each x 7 $595.00 Resource level fees $285.00 Exchange - Rental Linen 2025 $5.65 / Each x 7 $35.00 Exchange - Rental Stage (Community Makers)$282.50 / Day x 1 $250.00 Museum - Sherman Zavitz Theatre (Museum Event)Center: Niagara Falls History Museum START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sat, Jun 21, 2025 4:00 PM Sat, Jun 21, 2025 10:30 PM 1 $120.00 Museum Theatre Community Maker AFTER 9PM $90.40 / Each x 1.5 $120.00 Resource level fees $175.00 Museum Theatre Community Maker per hour $39.55 / Each x 5 $175.00 Payment and Refund Page 26 of 65 Page 276 of 596 # R10311 Status Approved Page 2 of 2 X: Date: Niagara Jazz Festival Customer Type: Community Makers Customer ID: 37081 Mailing Address: 20006 Grantham Avenue, St Catharines, ON L2M 7W7 Organization Phone 1 Number: (416) 923-7767 Authorized Agent Name: Tricia Sabo Home Phone Number: (416) 923-7767 Email Address: tricia@niagarajazzfestival.com X: Date: The Corporation of the City of Niagara Falls Mailing Address: 4310 Queen Street, HST# 119399392 RT0001, Niagara Falls, ON L2E 6X5 Phone Number: (905) 356-7521 RECEIPT #DATE FEE DESCRIPTION EVENT RESOURCE PAYMENT / REFUND 1139164.002 Apr 9, 2025 Museum Theatre Community Maker per hour Sax in the City - Jazz Festival Museum - Sherman Zavitz Theatre $197.75 1139164.002 Apr 9, 2025 Museum Theatre Community Maker AFTER 9PM Sax in the City - Jazz Festival Museum - Sherman Zavitz Theatre $135.60 1139164.002 Apr 9, 2025 Exchange - Rental Hall Com Makr +Patio AFTER HOURS Sax in the City - Jazz Festival Exchange Market Hall $305.10 1139164.002 Apr 9, 2025 Exchange - Rental Hall Community Maker Plus Patio Sax in the City - Jazz Festival Exchange Market Hall $672.35 1139164.002 Apr 9, 2025 Exchange - Rental Stage (Community Makers) Sax in the City - Jazz Festival Exchange Market Hall $282.50 1139164.002 Apr 9, 2025 Exchange - Rental Linen 2025 Sax in the City - Jazz Festival Exchange Market Hall $39.55 Attached Files NAME TYPE SIZE UPLOAD DATE Sax in the City Jazz Festival June 21 JPG 170.76 kb Apr 7, 2025 3:36 PM Page 27 of 65 Page 277 of 596 Page 28 of 65 Page 278 of 596 Page 29 of 65 Page 279 of 596 Page 30 of 65 Page 280 of 596 Page 31 of 65 Page 281 of 596 Budget for Chippawa Cruise Nights The only revenues we will generate is a 50/50 draw which will be given to the winner and donated to the Charities. We do not have any expenses for the cruise nights. Chippawa Volunteer Firefighters Association will Receive 50% of the Chippawa Cruise Night 50/50 Draws. They will then distribute the funds to Local Breakfast Clubs, Project Share, Soup Kitchen and the Maintenance and up keep of our 1938 Fire truck Page 32 of 65 Page 282 of 596 # R11845 Status Approved Page 1 of 4 1 resource(s)21 booking(s)Subtotal: $2,688.84 System User cbarkman Home Phone Number (905) 351-2177Customer Name Wally Friesman - 4525 TypeCustomer General Public Mailing Address 6001 Kister Road Unit 1 Niagara Falls, ON L2G 0B7 Permit #R11845 Status Approved Date Mar 21, 2025 9:35 AM The Corporation of the City of Niagara Falls 4310 Queen Street HST# 119399392 RT0001 Niagara Falls, ON, CA L2E 6X5 PHONE:(905) 356-7521 Permit Rental Fee $2,688.84 HST (Passed On)$349.65 Discounts $0.00 Subtotal $3,038.49 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $3,038.49 Total Payment $0.00 Refunds $0.00 Balance $3,038.49 Cruise Night - Spring/Summer 2025 Booking Summary Chippawa Lions Parking Lot (Parking Lot Rental)Center: Chippawa Lions Park START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Wed, May 7, 2025 4:00 PM Wed, Sep 24, 2025 8:00 PM --$63.84 Occurs every Wednesday effective 05/07/2025 until 09/24/2025 from 4:00 PM to 8:00 PM. Wed, May 7, 2025 4:00 PM Wed, May 7, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, May 14, 2025 4:00 PM Wed, May 14, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, May 21, 2025 4:00 PM Wed, May 21, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, May 28, 2025 4:00 PM Wed, May 28, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jun 4, 2025 4:00 PM Wed, Jun 4, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jun 11, 2025 4:00 PM Wed, Jun 11, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Page 33 of 65 Page 283 of 596 # R11845 Status Approved Page 2 of 4 Wed, Jun 18, 2025 4:00 PM Wed, Jun 18, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jun 25, 2025 4:00 PM Wed, Jun 25, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jul 2, 2025 4:00 PM Wed, Jul 2, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jul 9, 2025 4:00 PM Wed, Jul 9, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jul 16, 2025 4:00 PM Wed, Jul 16, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jul 23, 2025 4:00 PM Wed, Jul 23, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Jul 30, 2025 4:00 PM Wed, Jul 30, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Aug 6, 2025 4:00 PM Wed, Aug 6, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Aug 13, 2025 4:00 PM Wed, Aug 13, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Aug 20, 2025 4:00 PM Wed, Aug 20, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Aug 27, 2025 4:00 PM Wed, Aug 27, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Sep 3, 2025 4:00 PM Wed, Sep 3, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Sep 10, 2025 4:00 PM Wed, Sep 10, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Sep 17, 2025 4:00 PM Wed, Sep 17, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Wed, Sep 24, 2025 4:00 PM Wed, Sep 24, 2025 8:00 PM 1 $3.04 Insurance - Low Risk/Hour $0.86 / Hour x 4 $3.04 Resource level fees $2,625.00 Parking Lot - Half Day $141.25 / Day x 21 $2,625.00 Waivers and Information WAIVER NAME DUE DATE FOR SIGNING STATUS Small Park and Parking Lot Event Rentals May 7, 2025 Wally Friesman Unsigned 1. The permit Holder is required to have the Permit available for inspection on the date(s) and time(s) specified in the Permit. 2. The Permit Holder must be a minimum of 18 years of age at the time of the booking and present in the Facility during the permitted time. Any person in the Facility under the age of 18 must be supervised by an adult/or Permit holder at all times. 3. The City reserves the right to limit or refuse usage of facilities at the discretion of the General Manager of Recreation, Culture, and Facilities. Page 34 of 65 Page 284 of 596 # R11845 Status Approved Page 3 of 4 4. The Permit Holder is responsible for the conduct and supervision of all persons using the Facility pursuant to the Permit and shall ensure all Terms and Conditions contained in the Permit are observed. Vandalism, littering, abusive behavior and language, interference with other City facilities and alcohol use without a license shall be deemed as a just cause to cancel the Permit or deny future permit applications. 5. Payment for all rentals must be received, in full, a minimum of one week prior to the Permit date. In the case of bookings made within 7 days of the rental date - payment must be made at the time of booking. 6. Method of payment: a) cash, debit card, or cheque b) Visa or Mastercard. A service charge of$35.00 will be applied for all N.S.F. cheques. 7. The City shall not be liable to any Permit Holder in the event that the Facility is not available at the start time as set out in the Permit due to the use of the Facility by a prior Permit Holder. In such an event the start time and end time will be adjusted accordingly. 8. The Permit Holder is required to have a certificate of liability insurance on the City’s Standard Form in the amount of $2,000,000.00 per occurrence, naming the City as additional insured. Such insurance shall not be cancellable except on prior notice to the City. A copy of the insurance certificate shall be delivered to the City at least 21 days prior to the start date set out in the Permit. 9. A cancellation fee of $20.81 +hst administration fee on refunds for cancellations received a minimum of 14 days prior to the event. 50% refund if cancelled 4 - 13 days prior to the event. 0% refund if cancelled within 72 hours of the event. 10. The Permit shall not be assigned or transferred whatsoever. 11. Unless otherwise set out in the Permit, the Permit Holder shall be solely responsible for providing all first aid supplies and any specific emergency services required as a result of the nature of the use of the Facility by the Permit Holder. 12. The Permit Holder shall remove all articles, goods, equipment, event supplies and decorations from the rental area immediately following the conclusion of the event and shall be responsible for any costs incurred by the City as a result of failure to do so. 13. The City is not responsible for damages, loss or theft of equipment or clothing of any Permit Holder or their invitees. Please secure your valuables. 14. The Permit Holder shall be responsible for costs associated with damages arising from the use of the Facility by all users and invitees during their permitted times. 15. The Permit Holder is responsible for ensuring that any food served or sold meets the Niagara Region Public Health standards. Application can be made to the Niagara Region https://www.niagararegion.ca/living/health_wellness/inspection/food-safety.aspx . 16. All fire exits, fire routes and pedestrian walkways must be kept clear at all times. The Permit Holder is responsible for restricting activities to the Facility only. All concerns, safety and otherwise should be reported immediately to a City Staff member. 17. The consumption of alcoholic beverages is strictly prohibited in the Facility except where permitted by the issuance of a Special Occasion Permit issued under the authority of the Liquor License Act (Ontario). The Permit Holder is responsible for Application to the AGCO for a Special Occasion Permit. 18. Alcoholic beverages are permitted in the facility only during special events in the area prescribed on a Special Occasion permit, and in accordance with L.L.B.O. regulations, and Municipal Alcohol Policy. Outside alcohol is not permitted in City facilities. Customers risk losing their permits if alcohol is consumed or found in our facilities. All security for the event is the responsibility of the Permit Holder. 19. The throwing of rice and confetti and other food items and the use of decorative sparkles/glitter, etc., is not permitted. 20. All garbage/recycling should be placed in bags or containers and removed from the site. Any additional maintenance duties will result in extra charges being levied where extraordinary clean-up is required. 21. Lottery licenses are only issued to charitable or religious organizations, not private individuals. See www.agco.on.ca for more information. 22. Games of chance, lottery or gambling is strictly prohibited. 23. Sports organizations that are licensees of Municipal Facilities will be required to adopt policies that ensure that the City of Niagara Falls R-Zone policies are followed by the members and guests of the organization (https://niagarafalls.ca/city-hall/recreation/rzone.aspx for more details). 24. Individuals who engage in unacceptable behavior, as defined by the R-Zone policy, may, depending on the severity, be barred immediately from the premises and if necessary, a suspension for a period of time. 25. Organizations, Users, and Permit Holders are responsible for the behavior of everyone associated with them including participants, officials, spectators, patrons, parents, guests, etc. Page 35 of 65 Page 285 of 596 # R11845 Status Approved Page 4 of 4 X: Date: Wally Friesman Customer ID: 4525 Home Phone Number: (905) 351-2177 X: Date: The Corporation of the City of Niagara Falls Mailing Address: 4310 Queen Street, HST# 119399392 RT0001, Niagara Falls, ON L2E 6X5 Phone Number: (905) 356-7521 Current Balance: $3,038.49Original Balance: $3,038.49Payment Schedules The undersigned has read and on behalf of the Licensee agrees to be bound by this Permit/License and the Terms and Conditions contained herin and attached hereto, and hereby warrants and represents that they execute this Permit/License on behalf of the Licensee and has sufficient power, authority, and capacity to bind the Licensee with their signature. DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Jun 1, 2025 $578.76 $0.00 $0.00 $578.76 Jul 1, 2025 $578.76 $0.00 $0.00 $578.76 Aug 1, 2025 $723.45 $0.00 $0.00 $723.45 Sep 1, 2025 $578.76 $0.00 $0.00 $578.76 Oct 1, 2025 $578.76 $0.00 $0.00 $578.76 Page 36 of 65 Page 286 of 596 Page 37 of 65 Page 287 of 596 Page 38 of 65Page 288 of 596 Page 39 of 65Page 289 of 596 Page 40 of 65Page 290 of 596 Page 41 of 65Page 291 of 596 1 Heather Ruzylo To:TARRYN ANDERSON - VICTIM SERVICES NIAGARA Subject: Victim Services Niagara Oaks Park Fee Waiver Application - Budget requested From: TARRYN ANDERSON - VICTIM SERVICES NIAGARA <tarryn@victimservicesniagara.on.ca> Sent: Monday, June 2, 2025 10:54 AM To: SARAH MCTAVISH - VICTIM SERVICES NIAGARA <sarah@victimservicesniagara.on.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: Victim Services Niagara Oaks Park Fee Waiver Application - Budget requested Good morning Heather, This is Victim Services Niagara’s main fundraiser for the year, therefore we are seeking sponsorships, monetary, and in- kind donations to maximize our profit and minimize any costs. I am not sure if this is silly to say, but we are working to have our expenditures as close to zero as possible and our goal for revenue is $20,000. So far we have no costs or perceived costs to claim. I am not sure what to do to submit a formal budget or is this enough? We were not asked to submit one last year. I appreciate your help Tarryn Tarryn Anderson Executive Director – BA., RSSW Victim Services Niagara c/o Niagara Regional Police 5700 Valley Way, Niagara Falls ON Business# 905-688-4111 Opt 3 – x1025090 24/7 Response Line: 905-682-2626 Web:www.victimservicesniagara.on.ca ************************************************************* CONFIDENTIALITY NOTICE This transmission contains confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copy, distribution, or the taking of any action in reliance on or regarding the contents of this e-mail information is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately. ************************************************************* Page 42 of 65 Page 292 of 596 2 Page 43 of 65 Page 293 of 596 Page 44 of 65 Page 294 of 596 Page 45 of 65Page 295 of 596 Page 46 of 65Page 296 of 596 Page 47 of 65Page 297 of 596 Page 48 of 65Page 298 of 596 Page 49 of 65Page 299 of 596 Page 50 of 65Page 300 of 596 Page 51 of 65Page 301 of 596 Page 52 of 65Page 302 of 596 Page 53 of 65Page 303 of 596 Page 54 of 65Page 304 of 596 Page 55 of 65Page 305 of 596 Page 1 of 4 Fee Waiver Application Form Applicant Information Name of Event: Organization Name: Organization Address: City: Postal Code: Contact Name: Position: Phone Number (days): Phone Number (evenings): Email: Website: Type of Organization: □Not-for-profit Incorporation #: □Charitable Organization Registration #: □ Other (please specify): Waiving of Fees The City of Niagara Falls will waive fees that would have been charged by the City for eligible non-profit groups or organizations that provide programs, services or events that are of a general benefit to the community. Fee Waiver Policy (700.22) is to ensure that the City’s support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget. Examples of City fees that can be waived include, but are not limited to: • Park permit fees • Rental of City Property • Road Closure Fees • Staffing costs outside normal operations The City of Niagara Falls Rates & Fees can be found on the City’s website at: https://niagarafalls.ca/pdf/by-laws/schedule-of-fees.pdf Note: Insurance fees will not be waived. Family Shinny P.L.A.Y. Niagara (Physical & Learning Activities for Youth Niagara) Niagara Falls Melisa Toledo Founder, Program Coordinator www.playniagara.ca Page 56 of 65 Page 306 of 596 Page 2 of 4 Fee Waiver Application Form Form Submission Information Applications can be submitted by email to: clerk@niagarafalls.ca In person or by mail to: City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Clerks Department Hours: 8:30am – 4:30pm Activity or Event Information Amount of Request: Fees to be Waived (i.e. facility rental, park permit, etc.): Dates and Times: Purpose of Event: Number of People Expected: Admission Fee (If applicable): Are you serving alcohol? Are you serving food? Activity or Event Description 1. How will your activity or event enhance recreation and community services in the City of Niagara Falls? 2. Please describe the projected social, cultural, economic and environmental impact that the activity or event will have on the City and its residents. All ice rental fees. Day-time recreational activities for families. No No This program fills a gap in local recreation by offering daytime shinny for kids — which currently doesn't exist — and combined shinny and leisure skate sessions during the school year. It provides accessible, family-friendly ice time that supports physical activity, social connection, and youth engagement. This program fosters healthy lifestyles and strengthens community connections by providing accessible,family-friendly ice activities. It enriches local culture by introducing children to shinny hockey, a cherished Canadian sport. Economically, it increases use of city facilities and improves access through a fee waiver. Environmentally, it makes efficient use of existing resources without added strain. Various dates and times (non-prime time) from July 2025 to April 2026. 40 $60/family All ice rental fees. Estimated approximately $4,308. Page 57 of 65 Page 307 of 596 Page 3 of 4 Fee Waiver Application Form 3. What will the impact on the event be if the fee is not waived? 4. Are you seeking funding from any other sources? (Fundraising, grants, sponsorships) 5. What features will you have in place to ensure that your event is accessible to all residents (residents with disabilities)? Application Checklist Please submit one copy of each of the following documents. Mandatory Documents □ A detailed budget, showing revenues and expenditures □ Documents relating to City rental permit (if applicable): Dates, times and location of event All City fees associated with the event □ Confirmation letter from charity (if applicable): For special events whereby a portion or all of the proceeds are being donated to charity, a confirmation letter from that charity must accompany the application For Internal Use Only: Please list the cost of all fee waivers requested on page 2: Amount ($) Completed by: Signature: If the fee is not waived, the program’s affordability and accessibility will be significantly reduced. Higher costs may limit participation, especially for families with multiple children or those with financial constraints, undermining the goal of providing inclusive recreation. This could result in lower attendance, reduced community engagement, and missed opportunities to promote physical activity and social connection among local youth. No, we are not currently seeking funding from any other sources. We are committed to creating an inclusive environment where all residents can participate. The facility is fully accessible, with ramps, accessible washrooms, and designated parking. Also, active parent particiaption is encouraged, which helps us support children with diverse needs and ensure a welcoming environment for all families. Page 58 of 65 Page 308 of 596 Page 4 of 4 Fee Waiver Application Form Authorization for Application On behalf of, and with the authority of, the above-mentioned organization, we certify that the information given in this application for waiving of City fees is true, correct and complete in every respect. Signature of Senior Staff Person Name and Title Date Signature of Board Chair/Representative Name and Title Date Personal Information Consent Personal information, as defined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), is collected under the authority of the Municipal Act, 2001, as amended, and in accordance with MFIPPA. Personal information collected on this application form will be used to assist in granting fee waivers and will be made available to the members of City Council and staff and used for administrative purposes. Information collected may be subject to disclosure in accordance with the provisions of MFIPPA. The City reserves the right to verify all information contained in submissions. Questions regarding the collection, use and disclosure of this personal information may be directed to the City Clerk, Bill Matson, at bmatson@niagarafalls.ca By completing this application form, you consent to the collection and disclosure of your personal information, and to its use by the City of Niagara Falls, as described above. Melisa Toledo, Founder & Coordinator June 2, 2025 Page 59 of 65 Page 309 of 596 Detailed Budget for P.L.A.Y. Niagara Family Shinny & Leisure Skate (July 2025 to April 2026) Revenues: Source Amount Participant Fees (Estimated) $ 476 Sponsorships/Donations $ 0 Fundraising $ 0 City of Niagara Falls Fee Waiver $ 4,308 Total Revenue $ 4,784 Expenditures: Category Amount Facility Rental & Insurance (Summer 2025 Ice) $ 2,108 Facility Rental & Insurance (Fall 2025 Ice) $ 1,100 Facility Rental & Insurance (Winter 2026 Ice) $ 1,100 Materials & Supplies $ 0 Program Staffing (e.g., coordinators, volunteers) $ 0 Website Fee $ 366 Insurance $ 110 Total Expenditures $ 4,784 Net Income (Revenue - Expenditures): $0.00 Page 60 of 65 Page 310 of 596 P.L.A.Y. Niagara (Physical & Learning Activities for Youth Niagara) Melisa Toledo Niagara Falls Mondays Thursdays 2pm Gale Centre September 1, 2025 April 30, 2026 Both Yes Family shinny and leisure skate geared to homeschooling families. 2 Yes June 2, 2025 10:30am Page 61 of 65 Page 311 of 596 # R12264 Status Approved Page 1 of 4 3 resource(s)14 booking(s)Subtotal: $1,865.50 System User jbaglieri Home Phone Number Email Address Customer Name Melisa Toledo - 4072 TypeCustomer General Public Mailing Address Permit # R12264 Status Approved Date Apr 28, 2025 10:28 AM The Corporation of the City of Niagara Falls 4310 Queen Street HST# 119399392 RT0001 Niagara Falls, ON, CA L2E 6X5 PHONE:(905) 356-7521 Permit Rental Fee $1,865.50 HST (Passed On)$242.62 Discounts $0.00 Subtotal $2,108.12 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $2,108.12 Total Payment $0.00 Refunds $0.00 Balance $2,108.12 PLAY Niagara Booking Summary Gale Centre Rink #4 (Arenas - Spring/Summer (Tenant)) Center: Gale Centre END DATE/TIME START DATE/TIME ATTENDEE AMT W/O TAX Wed, Jul 2, 2025 11:15 AM 1 Wed, Jul 2, 2025 10:15 AM $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant) $148.87 / Hour x 1 $131.74 1 $133.25Wed, Jul 9, 2025 3:00 PM Wed, Jul 9, 2025 2:00 PM Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant) $148.87 / Hour x 1 $131.74 Wed, Jul 30, 2025 11:00 AM Wed, Jul 30, 2025 12:00 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant) $148.87 / Hour x 1 $131.74 Wed, Aug 6, 2025 12:00 PM Wed, Aug 6, 2025 1:00 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant) $148.87 / Hour x 1 $131.74 Gale Centre Rink #1 (Arenas - Spring/Summer (Tenant)) Center: Gale Centre ATTENDEE AMT W/O TAXEND DATE/TIME START DATE/TIME Mon, Jul 7, 2025 1:30 PM $133.251 Mon, Jul 7, 2025 2:30 PM Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Page 62 of 65 Page 312 of 596 # R12264 Status Approved Page 2 of 4 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Mon, Jul 14, 2025 3:30 PM Mon, Jul 14, 2025 4:30 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Mon, Jul 21, 2025 2:30 PM Mon, Jul 21, 2025 3:30 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Wed, Jul 23, 2025 2:00 PM Wed, Jul 23, 2025 3:00 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Mon, Jul 28, 2025 2:30 PM Mon, Jul 28, 2025 3:30 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Mon, Aug 18, 2025 12:45 PM Mon, Aug 18, 2025 1:45 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Wed, Aug 20, 2025 11:00 AM Wed, Aug 20, 2025 12:00 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Mon, Aug 25, 2025 1:00 PM Mon, Aug 25, 2025 2:00 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Gale Centre Rink #3 (Arenas - Spring/Summer (Tenant))Center: Gale Centre START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Mon, Aug 11, 2025 3:00 PM Mon, Aug 11, 2025 4:00 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Wed, Aug 27, 2025 12:30 PM Wed, Aug 27, 2025 1:30 PM 1 $133.25 Insurance - Medium Risk/Hour $1.71 / Hour x 1 $1.51 Summer - Non Prime Time Ice (Tenant)$148.87 / Hour x 1 $131.74 Waivers and Information INFORMATION DESCRIPTION SIGNING STATUS Arena Rental Agreement Unchecked 1. The Permit Holder is required to have the Permit available for inspection on the dates(s) and time(s) specified in the Permit. 2. The Permit Holder must be a minimum of 18 years of age at the time of the booking and present in the Facility during the permitted time. Any person in the Facility under the age of 18 must be supervised by an adult/or Permit holder at all times. 3. The City reserves the right to limit or refuse usage of facilities at the discretion of the Director of Recreation & Culture. 4. The Permit Holder is responsible for the conduct and supervision of all persons using the Facility pursuant to the Permit and shall ensure all Terms and Conditions contained in the Permit are observed. Vandalism, littering, abusive behavior and language, interference with other City facilities and alcohol use without a license shall be deemed as a just cause to cancel the Permit or deny future permit applications. 5. Payment for all room rentals must be received, in full, by a minimum of one week prior to the Permit date. With bookings within seven days of Page 63 of 65 Page 313 of 596 # R12264 Status Approved Page 3 of 4 rental, payment must be made in full at time of booking. 6. The City shall not be liable to any Permit Holder in the event that the Facility is not available at the start time as set out in the Permit due to the use of the Facility by a prior Permit Holder. In such an event the start time and end time will be adjusted accordingly. 7. The Permit Holder is required to have a certificate of liability insurance in the amount of $2,000,000.00 per occurrence naming the City as additional insured. Such insurance shall not be cancellable except on prior notice to the City. A copy of the insurance certificate shall be delivered to the City prior to 21 days prior to the start date set out in the Permit. 8. All cancellations must be submitted to the City of Niagara Falls in writing. TOURNAMENTS & SPECIAL EVENTS. Tournament/event ice/floor usage to be confirmed 30 days in advance of event. Remaining payment is due the day of the tournament/event. YOUTH TENANT ORGANIZATIONS No refund will be given upon 10 or less days cancellation notice (whole or partial permit). Playoffs exempt from the 10 day cancellation notice. SEASONAL RENTALS No refund will be given upon 10 or less days cancellation notice (whole or partial permit). 9. Persons using the Facility pursuant to the Permit shall not be allowed access to areas outside the Facility unless such areas are open to the public during the rental period. 10. The Permit shall not be assigned or transferred whatsoever. 11. Unless otherwise set out in the Permit, the Permit Holder shall be solely responsible for providing all first aid supplies and any specific emergency services required as a result of the nature of the use of the Facility by the Permit Holder. 12. The Permit Holder shall remove all articles, goods, equipment, event supplies and decorations from the Facility immediately following the conclusion of the event, and shall be responsible for any costs incurred by the City as a result of a false alarm caused by any person in the Facility for the purpose of the Permit. 13. The City is not responsible for damages, loss or theft of equipment or clothing of any Permit Holder or their invitees. Please secure your valuables. 14. The Permit Holder shall be responsible for costs associated with damages arising from the use of the Facility by all users and invitees during their permitted times. 15. Sale of refreshments, food and beverages and other items on City property is prohibited unless otherwise authorized in the Permit. 16. The City of Niagara Falls has a legal agreement with a third party provider for both pro shop and food and beverage sales at the Gale Centre. The Recreation & Culture Department, or those agents authorized by the Department, shall have the sole and exclusive right and control over all food, beverage and non-food sales. The contract holder may not, under any circumstance sell food, beverages or non-food items on the Gale Centre property. If the contract holder is granted permission to provide food, beverages or non-food items at no cost, approval must be provided by the Director of Recreation & Culture and/or its designate. This approval will be in consultation with the third party provider. 17. All fire exits, fire routes and pedestrian walkways must be kept clear at all times. The Permit Holder is responsible for restricting activities to the Facility only. All concerns of safety or otherwise should be reported immediately to a City Staff member. 18. The consumption of alcoholic beverages is strictly prohibited in the Facility except where permitted by the issuance of a Special Occasion Permit issued under the authority of the Liquor License Act (Ontario). 19. Alcoholic beverages are permitted in arena only during special events in the area prescribed on the L.L.B.O. permit, and in accordance with L.L.B. O. regulations, and Municipal Alcohol Policy. Outside alcohol is not permitted in City facilities. Clients risk losing their permits if alcohol is consumed or found in our facilities. 20. Use of an open flame is subject to the discretion, restriction and prior approval of the Facility manager. This includes but is not limited to candles and ceremonial pots. Sparklers are not permitted. 21. The throwing of rice and confetti and other food items and the use of decorative sparkles/glitter, etc., is not permitted. 22. Please respect our facilities. All garbage/recycling should be placed in bags or containers provided. Tables, chairs, counters and floors should be cleared of debris at the completion of the rental. City staff will be responsible for sweeping and mopping the floor and cleaning tables prior to and after the function. Any additional maintenance duties will result in extra charges being levied where extraordinary clean-up is required. 23. Lottery licenses are only issued to charitable or religious organizations, not private individuals. See www.agco.on.ca for more information. 24. Games of chance, lottery or gambling is strictly prohibited. 25. In the case of ice rentals no player, coaches or other official or person associated with the Permit is allowed on the ice until the resurfacing machine has left the ice surface and the doors have been closed. Street shoes are not permitted on the ice surface at any time. All participants must wear approved head gear with the exception of pleasure skating during scheduled recreational skating periods and figure skating programs. Page 64 of 65 Page 314 of 596 # R12264 Status Approved Page 4 of 4 X: Date: Melisa Toledo Customer ID: 40 X: Date: The Corporation of the City of Niagara Falls Mailing Address: 4310 Queen Street, HST# 119399392 RT0001, Niagara Falls, ON L2E 6X5 Phone Number: (905) 356-7521 Current Balance: $2,108.12Original Balance: $2,108.12Payment Schedules 26. In the case of an ice rental if a scrape or flood is required, the time required will be taken at the beginning of the start time set out in the Permit. It is understood that for the purpose of an ice rental one hour includes fifty (50) minutes of which the ice may be used and ten (10) minutes of maintenance time. 27. The City provides arena change rooms on the basis of one room per team or one room per 20 adults, to a maximum of 2 rooms per hour of rental time. The City will make every effort to provide access to dressing rooms 30 minutes prior to start time in the Permit. 28. The Permit Holder agrees to vacate the arena change rooms within 30 minutes of the end time set out in the Permit. Change rooms must be left in a clean and usable condition. 29. Sports organizations that are licensees of Municipal Facilities will be required to adopt policies that ensure that the City of Niagara Falls Rzone policies are followed by the members and guests of the organization (https://niagarafalls.ca/city-hall/recreation/rzone.aspx for more details). 30. Individuals who engage in unacceptable behavior, as defined by the Rzone policy, may, depending on the severity, be barred immediately from the premises and if necessary, a suspension for a period of time. 31. Organizations, Users, and Permit Holders are responsible for the behavior of everyone associated with them including participants, officials, spectators, patrons, parents, guests, etc. DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Aug 1, 2025 $1,204.64 $0.00 $0.00 $1,204.64 $0.00 $0.00 $903.48Sep 1, 2025 $903.48 Page 65 of 65 Page 315 of 596 PBD-2025-41 Building and Municipal Enforcement Report Report to: Mayor and Council Date: June 17, 2025 Title: Noise Concerns Recommendation(s) 1. That Council RECEIVE the report for information. Executive Summary On May 27, 2025, a resident attended city council with a petition (attached - Appendix 1) identifying noise concern(s) emanating from the Titan Sportsplex Facility on 3710 Sinnicks Avenue within the municipality. The resident identified noise emanating after 11:00 pm from the parking lot facility attached to the building, prior mechanical scoreboard device concerns and persistent yelling, shouting, screaming whistling, hooting emanating from within the facility. Background In late April and mid May Municipal Enforcement staff spoke to the Property Manager, and Facility Manager-Program Director respecting the noise concerns emanating from within the facility. Enforcement staff’s goal was a collaborative approach with the management team to bring the noise concerns into compliance with applicable by-laws. Municipal Enforcement Staff indicated a willingness from the management team to address the concerns of the neighbors. The management staff replaced the existing mechanical scoreboards, apprised the teams/referees and field staff of the concerns about “hooting and cheering” by posting notices throughout the facility and communicating with the team reps about the noise concern within the facility and concern from and exterior parking area(s) of facility. The management team suggested that there were always staff on during operating hours and expressed a duty of care to address the concerns of the community. Page 1 of 43 Page 316 of 596 This initiative of the management staff appeared to have failed, and the petition was presented to council. Staff were not apprised of the petition and did communicate with the resident through the Councillor on our efforts to date. On May 29, 2025, the Senior Manager of Enforcement Staff obtained and reviewed at length, the Site Plan Control agreement SPC-2004-029 dated the 1st of October 2004 (attached - Appendix 2) and the Noise control by-law 2024-044 (attached - Appendix 3). Staff also consulted with the Supervisor of Zoning who provided the follow: The property is zoned General Industrial (GI-665), in accordance with Zoning By-law 79-200, as amended (attached - Appendix 4) by site specific By-law 2004-123 (adding an indoor recreational facility as a permitted use) and subject to Committee of Adjustment decision A-2005-11 (reduction to the southerly interior side yard width). There are no zoning provisions regarding noise emanating from an indoor recreational facility. However, there is a screening device (fence) that is required under section 4.16 of Zoning By-law 79-200 (attached - Appendix 5). The screening device is required for any non-residential purpose where the side lot line or rear lot line abuts a residential zone. Challenges in Noise Compliance Noise is often considered subjective because the perception of what constitutes “noise” varies from individuals. While noise can be identified as subjective council has approved by-laws that speak to prohibitions times and dates and exempted areas within the municipality. The noise identified by residents emanating from the Titan facility would be prohibited at any time and not subject to an exempted area in accordance with Schedule 3 of by-law No. 2024-044. Resistance from an industry or regulatory body complicates enforcement efforts. Businesses may seek to minimize costs by circumventing regulations, creating and adversarial relationship with the City. This disregard for compliance can make it increasingly difficult for enforcement staff uphold the by-law Analysis On May 29, 2025, the Senior Manager of Enforcement Services sent a detailed e-mail outlining the by-law requirements to the Facility Manager-Program Director of the Titan Facility. Page 2 of 43 Page 317 of 596 Staff identified that a petition was submitted to council on May 27, 2025, respecting the noise concerns emanating from the facility. Staff identified that the Site plan, Zoning By-law and the Noise control By-law were reviewed. Staff identified that City’s Noise Control By-law No. 2024-044 Section 2, General Provisions reads that, “No person shall make, cause or permit noise vibration which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitant of the City”. Staff identified that Schedule 3 from By-law No. 2024, No. 2 identifies that persistent yelling, shouting, screaming, whistling, hooting or, or singing is prohibited at any times and does not provide and exempted area. Staff also identified that the Site Plan Control agreement, dated the 1st day of October 2004, was reviewed and identified the following written statement of Section 21 of SPC- 2004-029 as follows: Nothing in this agreement shall relieve an owner from compliance with all applicable by- laws, laws and regulations established by any other governmental body which may have jurisdiction over the land. Staff requested that the management team contact us to discuss the matter further. On May 29, 2025 a legal Notice of Contravention was issued to the Corporation owner(s) via registered mail. Staff will continue to monitor the property to ensure that there are no further concerns and compliance is achieved. Staff will further submit any/all relevant documents to the regional prosecution staff for further review and action(s) should the need arise. The role of enforcement is to achieve compliance in protecting public interest including safety standards that are achievable and safeguarding consumer rights. Failure to comply with regulations can lead to significant consequences, such as AMPS fines and POA charges, and further damages. Stakeholders that disregard compliance risk not only their operations but also public trust in the regulatory system designed to protect the municipality. Thus, the significance of compliance in a regulatory by-law framework that is achievable and sustainable cannot be overstated. Effective compliance serves as a deterrent and Page 3 of 43 Page 318 of 596 reinforces a measurability to enforce a specific by-law and establishes a culture of responsibility of ownership. Beyond monetary penalties, non-compliance can also threaten a business’s reputation. Once a business is flagged for violations, stakeholders, customers, and the public may lose trust, potentially resulting in a decline in customer loyalty and business performance. The authority to enact a noise control by-law is contained within section 129 of Ontario’s Municipal Act, 2001, (the “Act”) authorizes the council of every local municipality to pass by-laws to prohibit and regulate with respect to noise. Section 434.1(1) of the Act, as amended from time to time, provides that a municipality may require a person, subject to such conditions as the municipality considered appropriate, to pay and administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under this act. It is in the public’s interest to reduce the noise level within the municipality by prohibiting and regulation the making, creation of excessive and unreasonable noises within the City. Any person that who contravenes any provision of the noise by-law is guilty of an offence and upon conviction is liable to a fine provided for under the provisions of the Provincial Offences Act, not exceeding $5,000.00. Failure to comply may also result in an administrative penalty being levied by the City of Niagara Falls for every day in contravention, in accordance with the by-law #2024-045, as amended. The owner(s) may also incur a separate daily charge in the sum of $300.00 dollars daily should the property not be brought into a state of compliance. All fees will be applied to the municipal property tax role for non-payment of the appropriate charges and/or fines. Nothing in the noise by-law will relieve or exempt any person from the obligation to comply with the requirement of any other by-laws of the municipality in force. Staff will utilize the AMPS provisional by-law to enforce the provisions of the Noise violation. Staff can also pursue the matter further through the POA court processes where/if necessary. Operational Implications and Risk Analysis Every matter that proceeds through the Provincial Offences courts must be proven. Page 4 of 43 Page 319 of 596 Municipal Enforcement staff will need to further monitor the noise concerns and issue the appropriate charges if/where necessary to remedy a property into compliance. Any neighbors that have observed the noise can be called by the court as witnesses to the noise concerns. This can potentially include names on a petition that has been brought to the attention of the city. This can prove problematic since an individual or resident that signs a petition may have no intent or willingness to attend court. This can adversely affect the “evidentiary findings” and the outcome of any decisions of the court. The regional prosecution staff would observe the evidence presented and allow for the defense/owners of the property the ability to speak to those concerns and provide a rebuttal. The Justice of the peace would ultimately render the decision. This decision could be appealed as per procedural law. While noise can be objectively measured the by-law does not speak to noise measurement. The noise identified by the residents suggest that this noise would not be permitted at any time and within any locations. There are measurable risks with any court action(s) that staff undertake. The courts can decide that there are no findings of guilt, and the owners could potentially take civil actions against the municipality if this should happen. Municipal Enforcement staff would have to invest a considerable amount of time after hours and on the weekend monitoring the property to ensure that there has been no breach of the by-law and/or that and that the noise measures emanating from the facility have been mitigated. The Senior Manager of Municipal Enforcement did recently communicate with the Program Director of the Titan Sportsplex facility and there appears to be a willingness to work with the city to ensure that the noise concerns identified by the community are addressed. The Management of the facility appear to be considering the scheduling of events and hours of operation(s) to address the noise concerns of the community. Financial Implications/Budget Impact The current complement of Municipal Enforcement Staff is sufficient to provide the required enforcement efforts of the noise by-law. This has been allocated into the operating budget. The City may recover the costs of doing a matter by adding the costs to the tax roll and collecting them in the same manner as property taxes as provided for under Section 398 of the Municipal Act, and such costs shall include an interest rate of fifteen percent Page 5 of 43 Page 320 of 596 (15%) per year commencing on the day the City incurs the costs and ending on the day the costs, including the interest, are paid in full. Under the Municipal Act, we are statue-bound to provide good government and achieve municipal objectives through the enactment and enforcement of by-laws. However, we can only do that by using and managing and using the municipalities resources responsibly. Strategic/Departmental Alignment The information contained in this report meets the Department's and the City's commitment to: Address issues relating to noise concerns within our community standards by enforcing noise by-laws. One of Council’s goals is to maintain the financial integrity of the municipality. This is why municipalities are given leeway in terms of how they enforce their by- laws to maximize the use of available resources in doing so Strategic Plan Pillars List of Attachments Appendix 1 - Petition Appendix 2 - Site Plan Control Agreement - SPC-2004-029 Appendix 3 - Noise Control By-law 2024-044 Appendix 4 - Zoning By-law 79-200 Appendix 5 - Zoning By-law 79-200 (section 4.16) Written by: Gerald Spencer, Manager of Municipal Enforcement Services Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jun 2025 Jason Burgess, CAO Approved - 10 Jun 2025 Page 6 of 43 Page 321 of 596 Page 7 of 43Page 322 of 596 Page 8 of 43Page 323 of 596 ,3.,.1,-ig-vv...»,.w.i Page 9 of 43Page 324 of 596 Corporate Services Department Legal Services MunlclpWorks 3 an The City of Niagara Folls( :~onodoInter-Department Memorandum TO:Dean Ior?da DATE:January 26,2005 City Clerk {a 17m???/FROM:Mary Morrone /<.\:j»’I "‘~14; Law Clerk ' '33,)”~.A,R/ Ext.4241 [3]"ft'flffftf?j\,3 \:93}11,353,P:”I"r u—- RE:Niagara Falls Sports Plex Inc.and 2‘[a l l I "“7 C"if“ Muller Properties Inc."kl"j.in:3min".25.4.4.3,7:‘/1 Site Plan Agreement with the City \f/ja,_~_Aege/ Sinnicks Avenue {3,7}?:1»,”it“‘y’ Our File No.:2004—232 «is 5 =L// Enclosed herewith,for the City’s record,please ?nd the following documents,regarding the above- noted property,registered electronically for the Land Titles Division of Niagara South: 1.Notice Under 8.71 Of The Land Titles Act dated October 1,2004 between Niagara Falls Sports Plex Inc.and Muller Properties Inc.and The Corporation of The City of Niagara Falls registered as Instrument Number SN64781; 2.Postponement of Interest registered as Instrument Number SN64809 postponing Instrument Number SN47371 in favour of the Site Plan Agreement; 3.Postponement of Interest registered as Instrument Number SN64810 postponing Instrument Number RO705128 in favour of the Site Plan Agreement; 4.Postponement of Interest registered as Instrument Number SN64811 postponing Instrument Number SN62379 in favour of the Site Plan Agreement. Should you require any ?irther information or have any ?rrther questions or comments please do not hesitate to contact me. enc./ c.-Andrew Bryce Planner 2 -Rob Capitano Sr.Plan Examiner —Municipal Works Working Together to Serve Our Community Clerks -Finance -Human Resources -Information Systems ‘Legal -Planning &Development Page 10 of 43 Page 325 of 596 C 'I LRO #59 Notice Under 3.71 Of The Land Titles Act Receipted as SN64781 on 2005 01 25 at 15:35 The applicant(s)hereby applies to the Land Registrar.yyyy mmdd Page 1 of 19 PIN 64270 -0254 LT Estate/Quali?er Fee Simple LtConversion Quali?ed Description PT TWP LT 60 STAMFORD BEING PART 1 ON 59R12455 ;NIAGARAFALLS Address NIAGARAFALLS P/N 64270 -0255 LT Estate/Quali?er Fee Simple Lt Conversion Quali?ed /Affects Part of Prop Description PT TWP LT 60 STAMFORD BEING PT 1 ON 59R12609;NIAGARA FALLS Address NIAGARAFALLS Consideration Consideration $2.00 Applicant(s) The notice is based on or affects a valid and existing estate.right,interest or eqUIty in land Name THE CORPORATION OF THE CITY OF NIAGARAFALLS Address for Service Legal Services, 4310 Queen Street. P.O.Box 1023, Niagara Falls.Ontario. L2E 6X5 This document is not authorized under Power of Attorney by thlS party. This document is being authorized by a municipal corporation through Mary Morrone,Law Clerk,on behalf of The Corporation of the City of Niagara Falls. The land registrar IS authorized to delete the notice on the consent of the following party(ies)The Corporation of the City of Niagara Falls Schedule:See Schedules Signed By Mary Morrone 4310 Queen St PO.Box 1023 acting for Applicant(s)Signed 2005 01 21 Niagara Falls L2E 6X5 Tel 9053567521 Fax 9053712892 Submitted By THE CORPORATION OF THE CITY 4310 Queen St.PO.Box 1023 2005 O1 25 OF NIAGARAFALLS Niagara Falls L2E 6X5 Tel 9053567521 Fax 9053712892 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number.2004-232 Page 11 of 43 Page 326 of 596 Schedule Page 2 THIS AGREEMENT made the 1Stday of October,2004 BETWEEN NIAGARA FALLS SPORTS PLEX INC. a company incorporated under the laws of the Province of Ontario, -and - MULLER PROPERTIES INC. a company incorporatedunder the laws of the Province of Ontario, Hereinafter called the "Owner" of the FIRST PART; -and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", of the SECOND PART; WHEREAS Niagara Falls Sports Plex Inc.is the owner of the ?rstly described lands in Schedule “A”attached hereto and forming part of this agreement; AND WHEREAS Muller Properties Inc.is the owner of the secondly described lands in Schedule “A”attached hereto and forming part of this agreement; AND WHEREAS the lands of the Owner describedin Schedule “A"attachedhereto is within a site plan control area designated by the City‘s By—lawNo.2001-103,passed pursuant to section 41 of the Planning Act,1990; AND WHEREAS the Owner has applied to the City for approval of certain site plan drawings; AND WHEREAS the Director of Flaming and Development has approved the plan(s)anddrawings on October 1,2004,subject to the Owner being required to provide certain facilities and works and entering into a site plan agreement with the City; AND WHEREAS copies of the approved plan(s)are available at Flaming and Development Services,Niagara Falls City Hall,4310 Queen Street,Niagara Falls,Ontario; Page 12 of 43 Page 327 of 596 Schedule Page 3 NOW THIS AGREEMENT WITNES SETH that in considerationofthepremises andothergood and valuable consideration the parties hereby covenant and agree with each other as follows: 1.(a) (b) (C) (d) (e) 2. "approved letter of credit"means a letter of credit in favour of the City issued by a ?nancial institution approved by the City and shall be in a form approved by the City Solicitor; “Chief Building Of?cial”,“Director ofMunicipalWorks”and “Director of Flaming and Development means respectively the Chief Building Of?cial,Director of Municipal Works and Director of Planning and Developmentof the City of Niagara Falls and for the purpose of exercising any of the powers or duties of the Chief Building Of?cial,Director of Municipal Works and Director of Flaming and Development under this agreement and shall include any employee of the City authorized by the Chief Building Official,Director of Municipal Works or the Director of Planning and Development,as the case may be,to exercise any such powers or duties; "facilities and works"includes those facilities and works which are shown on or referred to in any one or more of the plans and drawings and schedules to this agreement; "plans and drawings"means the site plans and drawings listed on Schedule "B" attached to and forming part of this agreement as approved by the Director of Flaming and Development and such additional plans and drawings as may be subsequently approvedby theDirectorof Flaming andDevelopment including plans and drawings which revise or replace any one or more of the plans and drawings listed in Schedule "B";and "schedules"means and includes any one or more of the schedules attached to this agreement and includes plans and drawings as de?ned in clause d of this paragraph. (a)The lands affected by this agreement are described in Schedule "A"which is attached to and forms part of this agreement and are hereinafter referred to as "the lands". (b)The Owner hereby warrants that it is the registered owner of the lands described in Schedule “A”attached hereto as con?rmed by the Solicitor’s Certi?cate. Page 13 of 43 Page 328 of 596 Schedule Page 4 3.The following additional schedules are attached to and form part of this agreement, namely Schedules "B”,"C"and “D”. 4.The Owner shall provide,maintain and use,as the case may be,the facilities and works in the schedules and shall comply with such terms and conditions as to the provision, maintenance and use of the facilities and works as are set out in the schedules. 5.(a)The Owner shall construct all buildings,structures,facilities and works shown on the plans and drawings strictly in conformance with and in the locations shown thereon,and (b)The Owner shall construct all buildings strictly in conformance with the building elevations and cross sections shown on such ?lrther documents as are ?led with and approved by the Chief Building Official of the City. 6.It isunderstood and agreed that ifthe construction of the proposedrecreational indoor facility on the lands has not commenced within two years of the date of approval by the Director of Flaming and Development of the plans and drawings,the approval of the plans and drawings shall lapse and the Owner agrees to re-apply for approval of the plans and drawings unless an extension has been granted by the Director of Flaming and Development within two years of the approval of the plans and drawings. 7.The Owner further agrees that all of the facilities and works required to be provided by the Owner shall be provided,installed or constructedby the Ownerwithin one hundred and eighty (180)days after the date of substantial completion of the proposed recreational indoor facility as determined by the Chief Building Of?cial and shall be maintained at all times in good condition. 8.(a)The Owner shall be responsible for the cost of all work on or adjacent to the lands whichis required under the terms of this agreement and/0r indicated on the approved plans and drawings including,without limiting the generality of the foregoing,the cost of all works required for drainage of surface water androof water,connections to sanitary sewers and storm sewers,construction of driveway approaches,including curb cuts,construction of new sidewalks where required by the City,removal and replacing of existing sidewalks Where necessary,relocation of pipes,poles,drains,catch basins and other works,all of which shall be done and performed and all material for the Page 14 of 43 Page 329 of 596 Schedule Page 5 work shall be supplied to the speci?cations and directions and to the satisfaction of the Director of Municipal Works. (b)Where any required work is to be performed within the limits of any City street alIOWanceon which the lands abut or which is adjacent to the lands, the work may be performed by the City,at the expense of the Owner,and the Owner agrees to deposit with the City before a building permit is issued,the whole of the cost,as estimated by the Director of Municipal Works,of performing the work. (c)If the actual cost of the work,as determined by the Director of Municipal Works,exceeds the amount of the deposit,the Owner shall pay the City for any de?ciency and if the actual cost,as so determined,is less than the amount of the deposit,the City shall repay the Owner any surplus. (d)The Owner shall be responsible for making all necessary arrangements for and payment of the cost of taking up,removing or changing the location of any works or services of any utility company or commission necessitated by or arising out of the work contemplated by this agreement and/or indicated on the approved plans and drawings. 9.The Owner acknowledges that the on-site facilities and works required by this agreement shall be provided and maintained by the Owner at the Owner’s sole risk and expense and to the satisfaction of the City;and the Owner releases the City from all claims and demands in respect of any loss,damage or injury (including death)to persons or property arising out of or connected with the provision and maintenance of the facilities and works or any one or more of them. 10.The Owner,to whom a request has been made by the City shall,within the time limits speci?ed by the City to the total satisfaction of the City and at the sole risk to and expense of the Owner,remedy any non—compliance or potential non-compliance with the conditions of approval of the plans and drawings as set out in this agreement as may be,in the reasonableopinion of the City,exist or come into existence from time to time. 11.Should the Owner not complete any of the facilities and works within a reasonable period of time,the City may upon 15 days notice in writing to the Owner,enter on the lands as may be necessary,with its workmen and contractors and perform or complete the performance of any Page 15 of 43 Page 330 of 596 Schedule Page 6 such work including any necessary replacement and the Owner hereby authorizes the entry and performance of work either by the City’s own forces or by a contractor retained by the City. Provided however that nothing in this agreement shall impose upon the City any duty or obligation to inspect or examine the lands for non-compliance or potential non-compliance of approval or to specifyor report that such non-compliance or potential non—complianceto the Owner or to provide an opinion or View respecting any condition of approval or to request or require compliance with the conditions. 12.The Owner hereby agrees that no building permits shall be issued by the City for any building on the lands unless and until the Owner has ?rst paid to the City the sum as set out in Schedule “D ”to ensure completion of facilities and works. 13.The Owner agrees to apply to the Fire Department to designate a ?re route in accordance with By-law No.80-114,‘Designation of Private Roadways as Fire Routes’and shall post all necessary signage. 14.Should the lands of the Owner be located on a Regional Road,the Owner shall provide the City with a certi?cate from a licenced Ontario Land Surveyor stating that all existing and new survey evidence,adjacent to any Regional Road,is in place at the completion of the construction. 15.(a)Where this Agreement requires notice to be delivered by one party to the Other,such notice shall be in writing and delivered either personally,by e—mail,by fax or by prepaid ordinary ?rst class post,by the party wishing to give such notice,to the other party at the address noted below. (b)Such notice shall be deemed to have been given: (i)in the case of personal delivery,on the date of delivery; (ii)in the case of e-mail or fax,on the date of transmission provided it is received before 4:30 pm.on a day that is not a holiday,failing which it shall be deemed to have been received the next day,provided the next day is not a holiday;and (iii)in the case of registered post,on the third day,which is not a holiday, following posting. 16.Any notice to be given pursuant to this agreement may be delivered or sent by Facsimile Transmission to the Owner and the City as follows: Page 16 of 43 Page 331 of 596 Schedule Page 7 Niagara Falls Sports Plex Inc. 482 Ontario Street Ancaster,ON L9G 3E1 Telephone No.:(905)304-8888 Fax No.:(905)304-3031 Muller Properties Inc. 5881 Thorold Stone Road Niagara Falls,ON L2]1A1 The Corporation of the City of Niagara Falls, Attention:Mary Morrone,Law Clerk 4310 QueenStreet PO.Box 1023 Niagara Falls,Ontario L2E 6X5 Telephone No.:(905)356-7521 ext.4241 Fax No.:(905)371-2892 Any such notice,if mailed,shall be conclusively deemed by be given to and received by the other party three (3)business days after the mailing thereof or if sent by facsimile transmission,on the date the facsimile transmission was sent. 17.The Owner shall assume all liability and obligation for any and all loss,damage,or injury (including death)to persons or property that would not have happened but for this Agreement or anything done or maintained by the Owner thereunder or intended to be,and the Owner shall at all time indemnify and save harmless the City and its successors,administrators,permitted assigns, of?cers,employees,agents,servants,representatives,appointees and all others for whom the City is responsible in law and its af?liates and their respective successors,administrators,permitted assigns,of?cers,employees,agents,servants,representatives,appointees and all others for whom the City is responsibleinlaw from and against all such loss,damage,or injury and allactions,suits, proceedings,costs,charges,damages,expenses,claims,or demands arising therefrom or connected therewith.Notwithstanding the above,the Owner shallnot be liable hereunder for any loss,damage or injury arising from the negligence or other wrongful act of the City. 18.This agreement shall enure to the bene?t of and shall be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns and successors in title. 19.The Owner hereby agrees that this agreement,with schedulesthereto,may be registered upon the title to the lands. 20.Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so Page 17 of 43 Page 332 of 596 Schedule Page 8 require,and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. 21.Nothing in this Agreement shall relieve the Owner from compliance with all applicable municipal by-laws,laws and/or regulations or laws and/or regulations established by any other governmental body which may have jurisdiction over the Lands. IN WITNESS WHEREOF the Owner and the City have hereunto af?xed their corporate seals duly attested by the hands of their proper signing Of?cers and the said signing Of?cers certify that they have authority to bind their respective Corporations. NIAGARA FALLS SPORTS PLEX INC. Namaég :a 3 Title:Fm?m?/f Name: Title: MULLER PROPERTIES INC. Name'é ; Title: I PPFawk—Wf‘ Name: Title: THE CORPORATION OF THE CITY OF NI FALL /411: Name:R.T.(Ted)Salci Title:Mayori ‘ Name:Dean Iorf a Title:City Clerk vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv Page 18 of 43 Page 333 of 596 Schedule Page 9 Schedule "A"to an Agreement dated the 1Stday of October,2004 between Niagara Falls Sports Plex Inc. and Muller Properties Inc. and The Corporation of the City of Niagara Falls lstly:Part Township Lot 60 Stamford designated as Part 1 011 Reference Plan 59R-12455.Being all of PIN 64270-0254. 2ndly:Part Township Lot 60 Stamford designated as Part 1 on 59R-12609.Being part of PIN 64270—0255. in the City of Niagara Falls,in the Regional Municipality of Niagara. Page 19 of 43 Page 334 of 596 Schedule Page 10 Schedule "B"to an Agreement dated the ISIday of October,2004 between Niagara Falls Sports Plex Inc. and Muller Properties Inc. and The Corporation of the City of Niagara Falls The Director of Flaming and Development has approved the p1an(s)and drawings on October 1, 2004,subject to the Owner being required to provide certain facilities and works and entering into a site plan agreement with the City. Copies of the approved p1an(s)are available at the Flaming and Development Department,Niagara Falls City Hall,4310 QueenStreet,Niagara Falls,Ontario. Page 20 of 43 Page 335 of 596 Schedule Page 11 Schedule "C"to an Agreement dated the 15‘day of October,2004 between Niagara Falls Sports Plex Inc. and Muller Properties Inc. and The Corporation of the City of Niagara Falls 1.The Owner shall provide,maintain anduse at its solerisk and expense the following facilities and matters: (a)one (1)access ramp to provide ingress and egress between the lands described in (’0) (C) (d) (e) (0 Schedule “A”and Sinnicks Avenue which shall be in the location and of the width shown on the plans and drawings listed in Schedule “B”together with the curbings shown on the site servicing and grading plan; 52 off—streetvehicular parking spaces and the access driveways,all having the dimensions and being in the locations shown on the plans and drawings listed in Schedule”B”and which shall be surfaced with hot-mix asphalt or equivalent surface as shown on the site plan together with all of the curbings as shown on the site servicing and grading plan; concrete sidewalks of the dimensions and the locations shown on the plans and drawings listed in Schedule "B"; fence,trees,shrubs and other landscaping of the types and in the locations designated on the landscape plan listed in Schedule “B”; the garbage area as shown on the plans and drawings listed in Schedule “B”and which shall have a hard surface for the bin consisting of concrete or equivalent; such grading or alteration in elevation as shall be necessary to provide the elevations shown on the site servicing and grading plan listed in Schedule "B"together with all of the facilities and works for the disposal of storm,surface and waste water shown on the mechanical site servicing and grading plan. 2.The Owner covenants and agrees with the City that any facilities for lighting including ?ood lighting,of the lands or any buildings or structures thereon shall be installed and maintained so that the light is de?ected away from adjacent residential or institutional districts or uses and away from traf?c on adjoining roadways. Page 21 of 43 Page 336 of 596 Schedule Page 12 3.The Owner covenants and agrees with the City that all snow removed from a ramp, driveways,parking areas and all other paved areas shall either be contained on the remainder of the lands of the Owner or taken to designated disposal areas but in no event shall such snow be shovelled,pushed,thrown or otherwise disposed of on any public highway or highways. Page 22 of 43 Page 337 of 596 Schedule Page 13 Schedule "D"to an Agreement dated the lStday of October,2004 between Niagara Falls Sports Plex Inc. and Muller Properties Inc. and The Corporation of the City of Niagara Falls The Owner shall deposit with the City at the time of the execution of this agreement a Letter of Credit from a lending institution approved by Council and in a form acceptable to the City Solicitor, in the amount of $43,000.00. 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Page 29 of 43 Page 344 of 596 CITY OF NIAGARA FALLS By-Iaw No.2024 -044 NOISE CONTROL BY-LAW A by-Iaw to prohibit and regulate noise in the City of Niagara Falls. WHEREAS section 129 of the Municipal Act,2001 (the "Act")authorizes the council of every local municipality to pass by-laws to prohibit and regulate with respect to noise; AND WHEREAS section 434.1(1)of the Act,as amended from time to time,provides that a municipality may require a person,subject to such conditions as the municipality considers appropriate,to pay an administrative penalty ifthe municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under this Act. AND WHEREAS it is in the public interest to reduce the noise levels in the City by prohibiting and regulating the making,creation or maintenance of excessive and unreasonable noises within the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definitions In this By-law, a.“City"means The Corporation of the City of Niagara Falls; b."City Clerk"means the City Clerk for The Corporation of the City of Niagara Falls; 0."Council"means the Council of the City; d."construction"includes erection,alteration,repair,dismantling,demolition, structural maintenance,land clearing,earth moving,grading,excavating, the laying of pipe and conduit whether above or below ground level,street and highway building,application of concrete,equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose,and includes any work in connection therewith; e.“construction equipment"means any equipment or device designed and intended for use in construction or material handling,including but not limited to,hand tools,powertools,air compressors,pile drivers,pneumatic or hydraulic tools,bulldozers,tractors,excavators,trenchers,cranes, derricks,loaders,scrapers,pavers,generators,off-highway haulers or trucks,ditchers,compactors and rollers,pumps,concrete mixers,graders, or other material handling equipment; Page 30 of 43 Page 345 of 596 "conveyance"includes a vehicle and any other device employed to transport a person or persons or goods from place to place,but does not include any such device or vehicle if operated within the premises of a person; "exempted area"means that area shown hatched on Schedule 1; "highway"includes a common and public highway,street,avenue, parkway,driveway,square,place,lane,bridge,viaduct or trestle; "inhabitants"means one or more persons who reside in the municipality; "motor vehicle"includes an automobile,motorcycle and any other vehicle propelled or driven other than by muscular power; "municipality"means the geographical area in respect of which the City has jurisdiction; "noise"means unwanted sound; "point of reception"means any point on the premises of a person where noise,originating from other than those premises,is received; "power device"means any powered device used in the servicing, maintenance or repair of property except devices driven by muscular power only and snow blowers;and "residential area"means any land within the municipality which is zoned for residential uses by the City's zoning by—lawor which is used in whole or in part for human habitation. General prohibition 2 No person shall make,cause or permit noise or vibration which is likely to disturb the quiet,peace,rest,enjoyment,comfort or convenience of the inhabitants of the municipality. Specific prohibitions 3 No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 2 ifthe sound is clearly audible at a point of reception. Prohibitions by time and activity 4.1 4.2 No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 3,if clearly audible at a point of reception located in a residential area of the municipality within the prohibited time as set out in Schedule 3. Subsection (1)does not apply to the exempted area where it is listed in Schedule 3 next to the listed act and the prohibited time. Page 31 of 43 Page 346 of 596 Exemption for public safety and highways 5 Despite any other provision in this By—law,it shall be lawful to emit or cause or permit the emission of sound in connection with measures for; a.the immediate health,safety or welfare of the inhabitants of the municipality under emergency circumstances;or b.any emergency requiring immediate action for the construction, preservation,restoration or repair of any highway where City Staff feel the work is necessary to complete during the evening or overnight or weekend within the road allowance for genuine reason such as preventing traffic disruptions or to prevent business disruptions,as much as possible. Exemption-activities 6 Despite any other provision in this By-law,this By-Iaw does not apply to any person who emits or causes or permits the emission of sound or vibration in connection with any of the activities set out in Schedule 4. Exemption by Council or City Staff 7.1 Despite any other provision in this By-law,any person may submit a written application with full particulars and supporting documentation to the City Clerk for an exemption from any of the provisions of this By-law. 7.2 The application mentioned in subsection 1 shall be made in writing and shall contain the information and fulfilthe requirements set out in Schedule 5. 7.3 The City Clerk may require an applicant to provide such further and other information as the City Clerk deems necessary to consider and evaluate the application. 7.4 No application shall be deemed complete until all required information has been provided by the applicant. 7.5 The City Clerk,in consultation with Senior Staff,will determine if the exemption would need Council approval or if it can be approved by City Staff as a case of public convenience or necessity. Page 32 of 43 Page 347 of 596 Council Approval 8.1 In most instances,the City Clerk shall submit the request for an exemption to Council and Council may refuse to grant the exemption or may grant the exemption applied for,or any exemption of lesser effect and any exemption granted shall specify the time period,which shall not be in excess of six months, and may impose such terms and conditions as Council sees fit. A breach by the applicant of any of the terms or conditions of the exemption granted by Council shall terminate the exemption forthwith. Intention to maintain valid provisions by severance 9 The Council declares and confirms its intent that should any provision or any part of any provision of this By—Iawbe held by a court of competent jurisdiction to be invalid,or of no force and effect,it is the intent of the Council in enacting this By- law,that each and every other provision of this By—Iaw,and every part of any provision,authorized by law,stand and be applied and enforced in accordance with its terms to the extent possible according to law. Enforcement 10 Any person who contravenes any provision of this By—Iawis guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act. Schedules-part of By-law 11 Schedules 1,2,3,4 and 5 attached to this By-Iaw shall form part of this By-Iaw. By-Iaw Repealed 12 By-Iaws 2004-105,2005-073,2007-028 and 2014-155 are hereby repealed. Short title 13 The short title of this By-Iaw is the Noise Control By-Iaw. Read a first,second,third time and passed. Signed and sealed in open Council this 30thday of April,2024. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 33 of 43 Page 348 of 596 SCHEDULE 1 EXEMPTEDAREA Page 34 of 43 Page 349 of 596 SCHEDULE 2 SPECIFIC PROHIBITIONS The rewing of an engine or motor. The operation of a motor vehicle in such a way that the tires squeal. The 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. The 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. The operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. Page 35 of 43 Page 350 of 596 SCHEDULE 3 TIMEAND ACTIVITY PROHIBITIONS Type of Act Prohibited period of time Exempted Area 1.The persistent barking,whining,calling or At anytime N/A other similar sound made by any domestic pet or other animal kept or used for any purpose other than agriculture. 2.Persistent yelling,shouting,screaming,At any time N/A whistling,hooting or singing. 3.The activation of a security alarm resulting At any time WA in sound for a duration in excess of ?ve minutes. 4.The operation of construction equipment Between 7:00 pm.WA in connection with construction.one day to 7:00 am. the next day,9:00 am.on Saturdays, Sundays and statutory holidays 5.The operation of any power device or Between 9:00 pm.N/a non-one day to 7:00 am. power device or tool for domestic purposes,the next day,9:00 except snow blowers.am.on Saturdays, Sundays and statutory holidays 6.The operation of solid waste,refuse or Between 9:00 pm.Schedule 1 recyclable bulk-lift or refuse-compacting one day to 7:00 am. equipment.the next day,9:00 am.on Saturdays, Sundays and statutory holidays 7.The operation of an engine or motor which Between 9:00 pm.N/A 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. one day and 7:00 am.the next day, 9:00 am.on Saturdays,Sundays Page 36 of 43 Page 351 of 596 Type of Act Prohibited period of time Exempted Area and statutory holidays 8.Vehicle repairs.Between 9:00 pm. one day and 7:00 am.the next day, 9:00 am.on Saturdays and statutory holidays and all day Sunday N/A 9.The loading,unloading,delivering, packing,unpacking or otherwise handling of any containers,products or materials. Between 9:00 pm. one day to 7:00 am. the next day,9:00 am.on Saturdays, Sundays and statutory holidays Schedule 1 10.The use of any electronic device or group ofconnected 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 pm. one day to 7:00 am. the next day,9:00 am.on Saturdays, Sundays and statutory holidays Schedule 1 11.The playing of music.Between 9:00 pm. one day to 7:00 am. the next day,9:00 am.on Saturdays, Sundays and statutory holidays Schedule 1 Page 37 of 43 Page 352 of 596 1 SCHEDULE 4 EXEMPTED ACTIVITIES Incidental noise from any carnival,midway,exhibition,fair,circus or similar event for which a licence has been issued by the City. Incidental noise from any parade authorized by Council. Incidental noise from any sporting,recreational,musical,entertainment or similar event or performance which has been authorized by Council. Incidental noise from any activity of the City,Regional Municipality of Niagara,Ontario Power Generation,Niagara Falls Hydro Inc.or the Provincial or Federal levels of government,their employees,agents or contractors,associated with the construction, repair,performance or maintenance of essential public services. Incidental noise from the detonation of fireworks which detonation has been authorized by Council. Page 38 of 43 Page 353 of 596 SCHEDULE 5 APPLICATION FOR EXEMPTION Every application for exemption from any of the provisions of this By-law shall be in writing,submitted to the City Clerk and shall contain: a.the name and address of the applicant; b.a description of the source of sound or vibration in respect of which exemption is sought; 0.a statement of the specific provision or provisions of the By-law from which exemption is sought; d.the period of time,of a duration not in excess of six months,for which the exemption is sought;and The applicant shall submit such reports,drawings,graphs or other documents to support his/her application for exemption or as required by the City Clerk. Page 39 of 43 Page 354 of 596 116 11.3 GENERAL INDUSTRIAL ZONE (GI ZONE). 11.3.1. PERMITTED USES: No person shall within any GI Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi-processed or fully processed materials (b) Animal hospital (c) Artificial abrasive plant (d) Artificial fertilizer processing plant (e) Brick, pottery, tile, terra cotta, concrete and concrete products plant (f) Builder's supply yard (g) Carpenter shop (h) Car rental establishment, truck rental establishment (i) Car wash (j) Cleaning, curing, storing or tanning of fresh or green hides and leather finishing (k) Coal, fuel, gasoline and oil storage yard (l) Cold storage plant (m) Commercial printing and associated services establishment (n) Contractor's or tradesman's shop or yard, Contractor’s or construction equipment rental shop or yard (2002-061) (o) Equipment yard (p) Establishment for building material sales (q) Food and meat products plant but not including an abattoir (r) Frozen food locker service (s) Grain and feed mill and storage (t) Humane society including a pound for small animals (u) Ice manufacturing plant (v) Kennel for the boarding and breeding of dogs and cats (w) Laboratory (x) Laundry plant (y) Lumber and planing mill and yard (z) Machine shop (aa) Monument, stone, clay and glass manufacturing plant (bb) Poultry processing plant (cc) Public garage, auto body (dd) Public garage, mechanical (ee) Rubber factory (ff) Shop for the repair and servicing of goods, machinery and equipment (gg) Silver plating and cutlery plant (hh) Soap manufacture (ii) Stone cutting plant (jj) Trucking or shipping terminal (kk) Animal clinic (2011-136) Page 40 of 43 Page 355 of 596 117 (ll) Warehouse (mm) Welding shop (nn) Wholesale establishment (oo) Winery (pp) Adult entertainment parlour, subject to the provisions of section 10.5 (2002-201) (qq) Body-rub parlour, subject to the provisions of section 10.5 (2002-201) (rr) An office which is an accessory use to one or more of the uses set forth in clauses (a) to (o) inclusive of this section (83-72) (ss) Licensed production facilities and designated medical growth of cannabis (2022- 45) 11.3.2 REGULATIONS: Subject to section 11.3.3, no person shall within any GI Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 10 and the following regulations: (a) Minimum lot frontage 30 metres (99.0 ft.) (b) Minimum lot area 4000 square metres (43,060 sq. ft.) (c) Minimum front yard depth 10 metres (33.0 ft.) plus any applicable distance specified in section 4.27.1 (d) Minimum interior side yard width 3.5 metres (11.5 ft.) (e) Minimum exterior side yard width 7.5 metres (24.61 ft.) plus any applicable distance specified in section 4.27.1 (f) Minimum rear yard depth (i) where the rear lot line abuts a residential zone 30 metres (99.0 ft.) specified plus any applicable distance in section 4.27.1 (ii) where the rear lot line does not abut a residential zone 7.5 metres (24.61 ft.) plus any applicable distance specified in section 4.27.1 (g) Maximum height of building or structure (81-62, #52) 20 metres (66.0 ft.) subject to section 4.7 (h) Minimum height of exterior walls: The minimum vertical height of each exterior wall of any such building or structure shall be 2.5 metres (8.2 ft.) above the elevation of the finished ground level at the mid point of the wall in question (i) Maximum lot coverage 70% (j) Minimum landscaped open space (i) for an interior lot 50% of the required front yard (ii) for a corner lot 50% of the required front yard and 50% of the required exterior side yard (k) Parking and access requirements in accordance with section 4.19.1 (l) Loading area requirements. in accordance with section 4.20.1 (m) Property abutting railway: Notwithstanding clauses (d), (e), (f) and (j), where any lot line abuts a railway right-of-way, no side yard or rear yard Page 41 of 43 Page 356 of 596 118 or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the railway right-of-way. (n) Outside storage: No person shall use any part of the front yard of any lot for the purpose of outside storage and no person shall use any part of the remainder of such lot for the purpose of outside storage other than storage for an accessory use 11.3.3 REGULATIONS FOR CAR WASHES: The regulations in clauses (a) to (g) inclusive, (I), (j) and (m) of section 11.3.2 shall not apply to car washes in GI Zones. The remaining provisions of section 11.3.2 and all of the supplementary regulations for car washes in section 4.22 shall apply to car washes in GI Zones. Page 42 of 43 Page 357 of 596 Page 43 of 43 Page 358 of 596 PBD-2025-42 Planning Report Report to: Mayor and Council Date: June 17, 2025 Title: Amendments to Sign By-law No. 2021-24 Recommendation(s) That Council APPROVE the amendments to Sign By-law No. 2021-24, as outlined in this report and as shown in red in Appendix 1. Executive Summary The purpose of this report is to provide information and to seek a decision by Council regarding: The permission of the installation of signs for public service by the City, Region, other government agencies, and utilities that are designed and installed that meet the general character of the sign district and the general regulations of the sign type; The delegation of approval of sign by-law amendments to the General Manager of Planning, Building and Development (General Manager) or their Designate; The reduction in the notice time period, adjustment in the outlined process, and the provision of an appeal process for sign by-law amendments to match the minor variance clauses in the By-law; and, In addition, applicants would be able to apply for and receive their Sign Permit, if they decide not to appeal the General Manager or their Designate’s decision of their minor variance or sign by-law amendment application within the 10 day appeal period. The amendments will result in public service signs being permitted that are in general conformity with the character of the sign district and regulations of the sign type; the process for a sign by-law amendment being the same as a minor variance application to the Sign By-law saving a month and a half of time as the time period associated with preparation of a Council report will not be required and the notice period is being reduced; and, it will allow minor variance and sign by-law amendment applicants to receive their Sign Permit faster if they do not appeal the General Manager or their Designate’s decision. The proposed amendments are shown in red in Appendix 1. Page 1 of 52 Page 359 of 596 Background The City’s Sign By-law No. 2021-24 was approved by Council on February 9, 2021. Subsection 3.3 of the Sign By-law outlines the general regulations for permits. Section 4 of the Sign By-law outlines the processes for variances and amendments to the By-law. Analysis Permits Public Services Currently, the Sign By-law does not have regulations for signs for public services that are installed by the City, Region, other government agencies, and utilities. It is recommended that a new subsection be added to Section 3.3 of the By-law to allow the installation of a sign for the purpose of public service by The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, any local board as defined by The Municipal Affairs Act, the Niagara Peninsula Conservation Authority, The Niagara Parks Commission, the Ministry of Training, Colleges and University Act, and any Department or Ministry of the Government of Canada or Ontario including Ontario Hydro, or by any railway, power commission, telephone, telecommunication, or gas company or other utility supplying public services provided that the sign shall be designed and installed in accordance with the general character of the sign district and general regulations of the sign type. The subsection mirrors the public services provision (4.4) in Zoning By-law No. 79-200, as amended. Variance Council delegated approval to grant minor variances from the Sign By-law to the General Manager. The General Manager may authorize a variance from the Sign By-law, with or without conditions, if, in the opinion of the General Manager, the application meets the following variance tests: The variance is desirable; The variance is minor in nature; That the general intent and purpose of this by-law is maintained; and, That the general intent and purpose of the Official Plan is maintained. Page 2 of 52 Page 360 of 596 Recent minor variance applications have included requests for the following: to permit additional signage on a property, to permit an increase in size area, and to permit a greater height above the parapet for a fascia sign. Minor variance applications are processed within a month. This includes: not less than 10 days before the date of decision notice period to property owners within 60 m of the subject property; and, a 10 day appeal period (applicant only) following the decision. Appeal Period The applicant may appeal the General Manager’s decision to Council if the application is refused within 10 days to Council. It is recommended that the following text be added to Subsection 20.12 (a): 'A sign permit application and receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council'. This will permit the Building Department to issue a Sign Permit within the appeal period. Amendment Council approves amendments from the Sign By-law. The By-law states that a sign by-law amendment application is required: When a proposed sign fails to meet one or all of the four variance tests; or, Where a billboard is proposed to be 100% electronic sign; or, Where a proposed sign is not permitted by the By-law. Since the Sign By-law came into effect, there have been two sign by-law amendments approved by Council to permit 100% electronic message centre billboard signs. Sign by-law amendment applications are processed within two to three months—the exact time period depends on Council’s meeting schedule. This includes a notice period to property owners within 120 m of the subject property not less than 20 days before the public meeting (Council’s decision). There is not the ability of the applicant to appeal Council’s decision. Delegation of Approval It is recommended that sign by-law amendment applications be delegated to the General Manager or their Designate by adding a clause to Section 21 in the By-law to this effect. This will be a business improvement and will provide greater flexibility for Page 3 of 52 Page 361 of 596 applicants when making application as it would result in a decision being able to be made that is not dependent on a set schedule. Preparation of Report It is recommended that the text outlined in Subsection 21.2 in Section 21 of the By-law that states that the General Manager prepares a report for the consideration of Council be deleted and replaced with the text outlined in Subsection 20.3 in Section 20 of the By-law, with the amendment of the phrase ‘variance’ to ‘amendment’. This will outline that a Planning, Building and Development Department staff member will prepare a report, provide an assessment, the reasons for the amendment, and make a recommendation to the General Manager or their Designate. Public Meeting Requirement- Replacement of ‘Public Meeting’ with ‘Date of Decision’ Currently, a formal public meeting is not held. At a Council meeting, the applicant and members of the public may make a request to the Clerk to speak to the report on Council’s agenda. With delegated authority, the General Manager or their Designate would make the decision. Members of the public may provide written comments for consideration of the General Manager prior to the decision being made. In addition, they may contact the General Manager or their Designate in advance of the date of decision to discuss the application. Minor variance applications from the Sign By-law do not have a public meeting component—written comments from the public are considered prior to a decision being made by the General Manager or their Designate. It is recommended that Subsection 21.3 in Section 21 of the By-law be deleted as it states that at least one public meeting be held. It is recommended the phrase ‘public meeting’ found in Subsections 21.4 and 21.5 in Section 21 of the By-law be replaced with ‘date of decision’. Further, Subsection 21.5 in Section 21 of the By-law have the words 'date, time and location of the' deleted from the sentence. Subsection 21.6 in Section 21 of the By-law is amended by replacing the phrase 'attend the public meeting' with 'correspond with the General Manager or their Designate'. Notice Period Currently, residents within 120 metres of the application receive notice not less than 20 days before the public meeting (Council’s decision). Page 4 of 52 Page 362 of 596 It is recommended that the notice period, outlined in Subsection 21.4 in Section 21 of the By-law be reduced to not less than 10 days before the decision is made for sign by- law amendments—this will be the same notice period as required for a minor variance application. Replacement of ‘Council’ with ‘General Manager of Planning, Building, and Development or their Designate’ In the event Council approves the delegation of authority to the General Manager or their Designate, text that provides direction to Council will need to be amended to the General Manager or their Designate in Subsections 21.6, 21.7 and 21.8 of Section 21 of the By-law. Appeal Process As Council currently makes decisions on sign by-law amendments, there is no appeal process. In the event Council approves the delegation of authority to the General Manager or their Designate, clauses that provide the applicant the ability to appeal a decision of refusal by the General Manager or their Designate to Council should be permitted. The process, outlined in Subsection 21.9 in Section 21 of the By-law, would be the same as an appeal of a minor variance decision of refusal by the General Manager or their Designate to Council. The following text will be added to Subsection 21.9 (a): 'A sign permit application and receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council'. This will permit the Building Department to issue a Sign Permit within the appeal period. Title Update It is recommended to replace the phrase ‘Director of Planning, Building and Development’ with ‘General Manager of Planning, Building and Development or their Designate’ throughout the entirety of the By-law to reflect departmental title changes. The proposed draft sign by-law amendment is attached as Appendix 2. Operational Implications and Risk Analysis n/a Page 5 of 52 Page 363 of 596 Financial Implications/Budget Impact n/a Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. List of Attachments Appendix 1 Redline Proposed Changes to Sign By-law no 2021-24 Appendix 2 Draft By-law Written by: Julie Hannah, Manager of Policy Planning Submitted by: Status: Kailen Goerz, Senior Manager of Long Range Planning Initiatives Approved - 10 Jun 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 10 Jun 2025 Jason Burgess, CAO Approved - 11 Jun 2025 Page 6 of 52 Page 364 of 596 CITY OF NIAGARA FALLS By-law No. 2021-24 A by law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. WHEREAS under section 8 and section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers of a natural person including by-law making powers respecting signs. AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are prescribed applicable to the by-law making powers respecting advertising devices including signs. AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation including public meetings and direct consultations with representatives of the business community and sign industry. AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the City for purposes of public safety and public aesthetics. AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes provisions concerning signs. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.0 TITLE This By law shall be known and cited as the “Sign By law”. 2.0 DEFINITIONS The following definitions shall apply for the purposes of this By law: “Advertising device” means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights. “Agricultural land use” means the use of land, buildings or structures for agriculture or agricultural-related uses or land zoned Agriculture in the Zoning By-law. “Agricultural sign” means a sign erected on an agricultural land use. “Awning” means a fabric over frame structure that projects from the exterior wall of a building that provides shade or other weather protection. “Awning sign” means a sign that is marked or inscribed upon or within the fabric of an awning. Page 7 of 52 Page 365 of 596 - 2 - “Banner” means a sign or advertising device made from cloth, plastic or a similar lightweight non rigid material erected upon or supported by one (1) or more poles and includes a flag, pennant or other similar device. “Bench sign” means a sign painted on or attached to a bench. “Billboard” means a permanent outdoor third party sign erected and maintained by a person, company, or business engaged in the sale or rental of the sign or the use of the sign to a clientele. “Building face” means an exterior wall of a building. “Canopy” means a permanent, rigid, roof like structure that is attached to and supported by the exterior wall of a building and may be supported from the ground. “Canopy sign” means a sign attached to, marked or inscribed on a canopy. “Chief Building Official” shall mean the person and/or his designate, so appointed by Council pursuant to the Building Code Act. “City” means The Corporation of the City of Niagara Falls. “Community bulletin board” means a bulletin board designated by the City upon which a poster may be placed by members of the public. “Community Event sign” means a temporary sign that is erected for a local charitable community event and may be erected 7 days prior to the event and must be removed 72 hours after the event has concluded. Maximum sign area 3m2 (32.29 sq. ft.) “Construction sign” means a type of temporary sign that provides information about the activity occurring at a construction site. “Council” means the Council of The Corporation of the City of Niagara Falls. “Directional sign” means a free standing sign that gives directions or instructions for the control of vehicular or pedestrian traffic on a property. “Directory sign” means a sign listing the tenants of a building containing at least two (2) distinct tenant units and that displays only the name and address of the tenants or occupancies for identification purposes. “Electronic sign” means an electronically and/or computer controlled message in whole or in part, which displays ILLUMINATED COPY whose content can be changed by means of an energized display matrix or similar technology, such as, but not limited to an electronic screen, projection, television, computer video monitors, liquid crystal displays (LCD) or light emitting diode (LED) displays. Page 8 of 52 Page 366 of 596 - 3 - “Fascia sign” means a sign attached to, marked or inscribed on, erected or placed against a wall forming part of a building on a plane at any angle greater or less than ninety degrees to the plane of the building’s wall. “First party sign” means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are only available at or related to the premises where the sign is located. “General ground sign” means a ground sign supported by the ground with a maximum vertical clearance of 0.75 metres between grade and the base of the sign. “Grade” means the average surface elevation of the finished ground below a sign or the point where the ground is in contact with any sign, building, or other structure. “Ground sign” means a sign directly supported by one (1) or more uprights, poles or braces or located on a structural base placed in or upon the ground and includes a pylon sign. “Illumination study” shall mean a study completed by a qualified professional that examines the impact of the illumination from a sign on adjacent areas and properties. “Information sign” means a sign installed for public safety or convenience regulating on premises traffic, parking or a sign denoting sections of a building and displaying no commercial advertising. “Institutional land use” means the use of land, buildings or structures for any use permitted under the Institutional zone or land zoned Institutional in the Zoning By-law. “Institutional sign” means a sign installed on an institutional land use. “Legal Non-conforming sign” means an existing sign, legally erected prior to December 15, 2008 and for which a permit was previously obtained and which does not conform with any or all of the provisions of this by-law, as amended. “Logo sign” means a sign attached to the wall of a building and located at the uppermost storey of a building and consisting solely of a graphic, corporate symbol or trademark used to identify a particular building or premise or a particular occupant of a building. “Lot” means a parcel of land fronting onto a street, which may be described by metes and bounds in a registered deed or be shown in a registered plan of subdivision. Contiguous lots in common ownership and occupied by a single building shall be deemed to be a single lot for the purpose of this By law. “Mansard roof” means a roof having two (2) slopes on all sides with the lower slope at an angle of not less than 60 degrees and steeper than the upper slope. Page 9 of 52 Page 367 of 596 - 4 - “Menu Board sign” means a sign erected as part of a drive-through facility and used to display and order products and services available in association with the drive-through business; Maximum sign area 3.5m2 (37.67 sq.ft.) and maximum height of 3m. “Murad” means any type of display or artistic endeavour applied as paint, film or other covering to an external wall or other integral part of a building or structure which may include words or advertisement or other promotional message or content, including logos or trademarks. “New development sign” means a first party sign or third party sign which identifies or provides information relating to or advertising the development or construction of a building or buildings. “Official population” means the total number of residents of the City of Niagara Falls as determined by the most recent population census completed by the Government of Canada. “Official sign” means a sign erected by a public authority for the purposes of that public authority. “Owner” means the registered owner of the premises on which a sign is located or is proposed to be located. “Park” means any publicly owned or publicly controlled land that is used or intended to be used for outdoor recreation, green space or as a natural buffer. “Person” means an individual, firm, corporation, association or partnership. “Portable sign” means a sign not permanently anchored to the ground or attached to a building and designed in a manner as to be capable of being moved from place to place. Without limiting the generality of the foregoing, this definition shall include a mobile sign, sandwich board sign, A frame sign, and inflatable sign. “Poster” means a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, bulletin, handbill, leaflet, notice and placard. “Premises” means a lot and includes all buildings and structures thereon. “Projected image sign” means a sign which consists of an image projected onto a wall, sidewalk or other surface. “Projecting sign” means a building mounted sign with the sign faces perpendicular to the building fascia, excepting an awning sign and a canopy sign. “Property line” means the boundary of a lot. Page 10 of 52 Page 368 of 596 - 5 - “Public property” means property, land or a building owned by the City, The Regional Municipality of Niagara, Province of Ontario, Government of Canada, or a local board as defined in the Municipal Affairs Act, as amended. “Pylon sign” means a ground sign with a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. “Readograph” means a part of a permanent sign composed of changeable letters which is designed or constructed to convey a temporary message and which is designed or constructed so that the message conveyed on the readograph may be changed mechanically or as part of an electronic display. “Region” means The Regional Municipality of Niagara. “Regulation” means, unless the context indicates a reference to provincial or federal regulations, any standard, rule, requirement or prohibition set out in this by-law. “Residential land use” means the use of land, buildings or structures exclusively for human habitation. “Roof sign” means a sign supported entirely or partly by the roof of a building or structure and projects above the roof and parapet and shall not include a sign painted onto a roof. “Sign” means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract attention to a specific subject matter for identification, information, or advertising purposes and includes an advertising device or notice. “Sign area” means the total area of the surface of every face of a sign including the border or frame, together with any material forming an integral part of the background of the display or used to differentiate the sign from the backdrop or building against which it is erected. Where there is no border or the sign is composed of individually installed letters, numerals, or shapes, the sign area shall include all of the area of the smallest rectilinear outline that uses the least number of horizontal and vertical lines to enclose the grouping of letters, numerals, or shapes. “Sign District” means an area defined by the City for the purpose of prohibiting or regulating the placing or erecting of signs, notices, and advertising devices. “Sign face” means that portion of a sign upon which or through which the message of the sign is displayed. “Sign uniformity plan” means drawings and specifications approved by the City showing the arrangement of all wall signs erected and to be erected on a building or premises containing more than one (1) occupancy, and providing details of the type, character, height, and design of the signs in relation to the architectural features of the building. “Street” means any highway as defined in the Municipal Act, 2001. Page 11 of 52 Page 369 of 596 - 6 - “Streetline” means and is the property line between a lot and a street. “Temporary sign” means a sign anchored to the ground but erected for a limited period of time. Without limiting the generality of the foregoing, this definition shall include a real estate sign, construction sign, election sign, portable signs, sale banner, and new development sign. “Third party sign” means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located. “Visual impact study” means a study that demonstrates through graphics and other means, the expected visual appearance a sign will have at its proposed locations within its surroundings as viewed from relevant vantage points. “Wall area” means the total area of an upright or vertical side of a building including any articulations. “Wall sign” means a sign attached to or erected or placed against a wall forming part of a building, or supported by or through a wall of a building and having the exposed face thereof on a plane approximately parallel to the plane of such wall and includes awning signs, fascia signs, and murads. “Window sign” means a sign posted, painted, or affixed in or on a window exposed to public view. I. ADMINISTRATION 3.0 ADMINISTRATION 3.1. Interpretation 3.1.1. Words importing the singular number or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males and the converse. 3.1.2. The Chief Building Official or his designate shall determine the type of sign that any particular sign is and his determination of this issue shall be final. 3.2. Administration 3.2.1. The Chief Building Official and/or his designate shall be responsible for the administration of this By law. Page 12 of 52 Page 370 of 596 - 7 - 3.3. Permits 3.3.1. Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By law prior to the erection for that sign. 3.3.2. All signs shall conform to the provisions of this By law. 3.3.3. A permit shall be refused if the proposed sign does not comply with this or any other By law of the City or Region, or Provincial or Federal statute, regulation or approval. 3.3.4. (1) A permit issued by the City for a sign shall expire six months from the date of issuance unless the sign is erected for its intended purpose. (2) In the event that an application is made to extend the six month period referred to in subsection 3.3.4(1) above, prior to the expiration of that six month period the time to erect the sign may be extended for a further six months by the Chief Building Official. (3) A permit may only be extended once. 3.3.5. When a sign is removed, the permit issued for that sign shall be deemed to be revoked. 3.3.6. The City may revoke a permit under the following circumstances: (a) The City issued the permit in error, or (b) The sign does not conform to this By law, the Ontario Building Code, or any other applicable regulation or legislation or approval, or (c) The permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information, or undertakings on the application, plans, drawings, sketches and other documents submitted with the application, or (d) The sign is causing, will cause or is contributing or will contribute to a hazardous condition. 3.3.7. If a building permit is issued for a sign that building permit is deemed to be a sign permit for the purposes of this By-law. 3.3.8. The provisions of this By-law shall not apply to prevent the installation of a sign for the purpose of public service by The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, any local board as Page 13 of 52 Page 371 of 596 - 8 - defined in The Municipal Affairs Act, R.S.O 1990, c.M.46, the Niagara Peninsula Conservation Authority, The Niagara Parks Commission, the Ministry of Training, Colleges and Universities Act, R.S.O.1990, c.M.19; and any Department or Ministry of the Government of Canada or Ontario including Ontario Hydro, or by any railway, power commission, telephone, telecommunication, or gas company or other utility supplying public services provided that the sign shall be designed and installed in accordance with the general character of the sign district and general regulations of the sign type. Page 14 of 52 Page 372 of 596 - 9 - 3.4. Application for Permit 3.4.1. The applicant for a permit shall be the owner of the property or building on which the sign is to be erected or the authorized agent of the owner. 3.4.2. The applicant shall file with the City an application for a permit on the prescribed form. 3.4.3. The applicant for a permit shall provide to the City: (a) A completed application in the form prescribed by the City; (b) The written authorization of the owner where the applicant is not the owner of the property or building where the sign is to be erected; (c) A drawing showing the location and dimensions of all existing and proposed signs, and identifying the materials of which the proposed sign is to be constructed; (d) A site plan showing the location of the sign in relationship to other buildings and structures, the street, and the boundaries of the property upon which the sign is proposed to be erected; (e) Sufficient information for the Chief Building Official to determine that the sign has been designed and will be constructed in compliance with the applicable structural and fire prevention provisions of the Ontario Building Code. 3.4.4. An application for a fascia sign for a building or property containing more than one (1) occupancy or tenant shall include a sign uniformity plan where signs are proposed for more than one (1) occupancy or tenant. 3.4.5. Prior to applying to the City for a permit, the applicant shall obtain approval for the proposed sign, if required, from any other governmental authority having jurisdiction over the sign. 3.4.6. Notwithstanding section 3.4.5 above, in the case of a sign subject to the jurisdiction of Niagara Parks Commission, the approval of the Niagara Parks Commission may be obtained after the application has been made. 3.4.7. Notwithstanding section 3.4.5 if the Chief Building Official believes unreasonable delays in the process would occur he may issue a conditional sign permit following as closely as possible the rules and procedures of the Building Code Act, 1992, S.O. 1992, c. 23, any replacement legislation of that Act and any regulations promulgated pursuant to that Act or replacement legislation for the issuance of Conditional Building Permits. Page 15 of 52 Page 373 of 596 - 10 - 3.4.8. Fees payable at the time of the application shall be in accordance with the permit fee structure adopted by the City and shall be paid prior to the City accepting any sign permit application for processing. 3.5. Signs for Which a Permit is Not Required 3.5.1. No sign permit shall be required for the following signs, provided the erection of such sign complies with all other provisions of this by-law and that a valid building permit is issued by the City, where required by the Ontario Building Code, to permit the erection of such sign: (a) Signs to be located on lands that lie within an area that is under the jurisdiction of the Regional Municipality of Niagara, the Niagara Escarpment Commission or the Ministry of Transportation, provided that: (i) a permit has been issued by the agency having jurisdiction; and (ii) a valid building permit has been issued by the City for the following types of signs prior to the commencement of erection of such sign: A. Ground signs exceeding 7.5 metres (24.6 ft.) in height; B. Roof signs exceeding 10 square metres in sign area; and C. Billboard signs. (b) Official signs or signs pertaining exclusively to public safety; (c) Flags of corporations, nations, educational, or religious organizations provided not more than three (3) flags are located at one (1) premises; (d) A poster affixed to a community bulletin board in accordance with the provisions of this By law; (e) A sign containing the name and address of a resident or occupant, provided the sign is not more than 0.2 square metres in sign area and does not include any commercial advertising for a residential land use of less than six (6) dwelling units; (f) A sign containing the name and address of the building, provided the sign is not more than 2.4 square metres in sign area and does not include any commercial advertising for a residential land use of six (6) or more dwelling units; Page 16 of 52 Page 374 of 596 - 11 - (g) Information signs not more than 0.4 square metres in sign area; (h) Real estate signs not more than 0.5 square metres in sign area in a residential zone and 2.0 square metres in all other areas. Such real estate sign shall be removed within 14 days after the date of closure of an offer of purchase or lease of the premises; (i) A window sign on the first storey of a building occupied by a commercial use provided the window sign is not more than 20% of each window section or pane; (j) Directional sign not more than 0.5 square metres in sign area and 1.2 metres in height; (k) An open house directional sign; (l) A Construction sign not more than 5.0 square metres in sign area and to be removed within 30 days of the construction being completed or discontinued; (m) A sign for a contractor undertaking landscaping, home repairs or renovations, provided such sign is erected no more than two (2) days prior to the commencement of the project and is removed from the property immediately after the project is completed; (n) A garage sale sign or a sign advertising a lost pet; (o) Election signs. 3.6. Prohibited Signs 3.6.1. Any sign not expressly permitted by this By law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: (a) A sign located on or over public property; (b) Bench sign; (c) A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d) A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e) A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or Page 17 of 52 Page 375 of 596 - 12 - temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; (f) A sign located in a daylight triangle; (g) An inflatable sign; (h) No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; (i) Any sign which violates in any way any statute, regulation or by- law of the Government of Canada, the Province of Ontario, the Region or the City. Niagara Civic Convention Centre 3.6.2. Notwithstanding the foregoing and the provisions of section 12.1, a banner is permitted to be located on public property, in accordance with the following: I. The provisions of this section shall apply to any banner erected by the Operator of the Niagara Civic and Convention Centre Inc. 3.6.2.I.1. In this part: (a) “Approved fixture” means a fixture for erecting a banner, attached to a pole or structure in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. (b) “NCCC Banner” means a banner that complies with the regulations of this by- law and is authorized to be erected upon an approved fixture by or at the direction of the NCCC within the Designated Area which relates to events to take place at the Niagara Convention and Civic Centre. (c) “Designated Area” means the area designated on Schedule B for the erection of NCCC Banners. 3.6.2.I.2. No permit shall be required to erect an NCCC Banner on an Approved Fixture. Page 18 of 52 Page 376 of 596 - 13 - 3.6.2.I.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.I.4. Contractors retained by the NCCC to erect NCCC Banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.I.5. An Approved Fixture may be located on public lands. 3.6.2.I.6. An NCCC Banner shall not be used for advertising or promoting any event which is not related to the NCCC or any business other than the NCCC. 3.6.2.I.7. All other relevant provisions of this by-law shall apply to NCCC banners. 3.6.2.I.8. The appropriate Business Improvement Association shall be consulted with by the Operator of the Niagara Civic and Convention Centre Inc. where the Designated Area intersects with a Business Improvement Area prior to the installation of any banners. Business Improvement Areas II. The provisions of this Part shall apply to banners erected by or at the direction of, Boards of Management of a Business Area within the Business Improvement Area of that Board of Management. 3.6.2.II.1. In this part: (a) “Approved fixture” means a fixture for erecting banners, attached to a pole or structure in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. (b) “BIA Banner” means a banner that complies with the regulations of this by- law and is authorized to be erected upon Page 19 of 52 Page 377 of 596 - 14 - an approved fixture by the Board of Management of a Business Improvement Area within the Business Improvement Area governed by the Board of Management giving the approval and which relates to events and businesses within the BIA 3.6.2.II.2. No permit shall be required to erect a BIA Banner on an approved fixture. 3.6.2.II.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.II.4. Contractors retained by Boards of Management of Business Improvement Areas to erect BIA banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.II.5. An Approved Fixture may be located on public lands. 3.6.2.II.6. A BIA Banner shall not be used for advertising or promoting any event which is not related to the BIA or to any business located outside boundaries of the BIA. 3.6.2.II.7. All other relevant provisions of this by-law shall apply to BIA banners. III. Any banner installed in accordance with subsections 3.6.2.1 and 3.6.2.2 above shall comply with the following regulations: 3.6.2.III.1. A banner projecting over a sidewalk shall have a minimum vertical clearance of 2.75.m between the grade and the lowest part of the sign face. 3.6.2.III.2. A banner projecting over any portion of a road shall have a minimum vertical clearance of 4.8m between the road surface and the lowest part of the sign face. Page 20 of 52 Page 378 of 596 - 15 - 3.6.2.III.3. A banner shall not be installed on poles supporting traffic control signals or stop/yield signs. 3.6.2.III.4. A banner shall not be installed within 30m of a rail crossing. 3.6.2.III.5. A banner shall not obstruct the visibility of traffic signs, traffic signals or other traffic control devices. 3.6.2.III.6. A banner shall not resemble images or text that imitates any official parking or traffic control signal, sign or device. 4.0 GENERAL PROVISIONS 4.1. No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. 4.2. Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 4.3. The owner of the premises upon which any sign is located, shall be responsible for every aspect of any sign on that premises and, without limiting the generality of the foregoing, shall obtain any licence required for the sign and maintain the sign in a proper state of repair to prevent the sign becoming unsafe or dangerous. 4.4. No sign shall be located within 1.5 metres of an adjacent lot, except where the adjacent lot line is a shared wall, or is on a structure located on a street corner. 4.5. Any external lighting used to illuminate a sign shall be arranged to not direct light onto an adjacent street or premises. 4.6. Except as provided for in clauses (d) and (e) of section 3.5.1 and section 15 of this By-law no sign is permitted on a residential land use. 4.7. A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. 4.8. It is the express intent of Council that this by-law is not to be interpreted so as to grant rights to Persons that they would not have enjoyed but for the passage of this by-law. Page 21 of 52 Page 379 of 596 - 16 - 4.9. The onus of demonstrating that a sign is not subject to the provisions of this by- law shall be upon the owner of that sign. 4.10. Changes to a legal non-conforming sign including replacement of the sign content and sign face or restoration, reinforcement and repair to the structural elements of a sign shall be permitted provided all dimensions and location of the sign remain exactly the same and shall be subject to obtaining the necessary sign permit. 4.10.1. Where changes to a legal non-conforming sign necessitate the removal or disassembly of structural elements, in whole or in part, it is deemed a replacement sign which necessitates full compliance with all provisions of this by-law and shall require a building permit. 4.10.2. A sign permit shall not be required for any alterations or repairs to a sign for which a sign permit has been issued where such alterations or repairs involve only a change in copy or the repainting, cleaning or other normal activities provided the sign structure is not modified in any other way. II. SIGNS PERMITTED BY DISTRICT 5.0 SIGN DISTRICTS 5.1. (1) For the purposes of this By law, the following Sign Districts shown in Schedule “A” are hereby established for the regulation of signs in the City: Downtown District, Fallsview District, Clifton Hill District, Lundy’s Lane District, Whirlpool District, Chippawa District, Commercial District and Industrial District. (2) The types of signs permitted in each district shall be as set out in Tables 1 and 2. (3) Where a type of sign is permitted, it shall be subject to the regulations relating to that type of sign. (4) In addition to the regulations described in subsection 5.1(3) a sign shall be subject to any special regulations that apply to that type of sign in the Sign District where the sign is located. 5.2. (1) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Neighbourhood Commercial designation pursuant to By-law No. 79-200 as amended are designated Neighbourhood Commercial Sign District for the purposes of this By-law. (2) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Commercial designation other than a Neighbourhood Commercial designation pursuant to By-law No. 79-200 as Page 22 of 52 Page 380 of 596 - 17 - amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. (3) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and zoned any Industrial designation pursuant to By-law No. 79-200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. Table 1 Sign Districts Sign Type Fallsview Clifton Hill Downtown Ground Sign – Pylon Sign Yes Yes No Ground Sign – General Yes Yes Yes Wall Sign – Fascia Sign Yes Yes Yes Wall Sign - Murad Yes Yes No Wall Sign – Awning Sign Yes Yes Yes Wall Sign – Logo Sign Yes Yes Yes Roof Sign No Yes No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard See section 11.0 See section 11.0 See section 11.0 Portable Sign No No Sandwich Board Signs – Yes All other Portable Signs - No Temporary Sign No No No Banner Yes Yes No Electronic Sign Yes Yes No Projected Image Signs – above ground Yes Yes No Page 23 of 52 Page 381 of 596 - 18 - Sign Type Fallsview Clifton Hill Downtown Projected Image Signs – on ground Yes Yes No Readograph Yes Yes Yes Table 2 Sign Districts Sign Type Lundy’s Lane Whirlpool Chippawa Ground Signs – Pylon Sign Yes Yes No Ground Signs – General Ground Yes Yes Yes Wall Signs – Fascia Sign Yes Yes Yes Wall Signs – Murad Yes Yes Yes Wall Signs – Awning Sign Yes Yes Yes Wall Signs – Logo Sign Yes Yes Yes Roof Sign No No Yes Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard See section 11.0 See section 11.0 See section 11.0 Portable Sign Yes Yes No Temporary Sign No No Yes Banner Yes Yes Yes Readograph Sign Yes Yes No Projected Image Signs – Above Ground Yes Yes No Projected Image Signs – On Ground Yes Yes No Electronic Sign Yes Yes No Table 3 Sign Districts Page 24 of 52 Page 382 of 596 - 19 - Sign Type Neighbourhood Commercial Commercial/Industrial District Ground Signs – Pylon Sign No Yes Ground Signs – General Ground Yes Yes Wall Signs - Fascia Sign Yes Yes Wall Signs – Murad Yes Yes Wall Signs – Awning Sign Yes Yes Wall Signs – Logo Sign No Yes Roof Sign No No Projecting Sign Yes Yes Canopy sign Yes Yes Billboard See section 11.0 See section 11.0 Portable Sign Yes Yes Temporary Sign No Yes Banner No Yes Readograph Sign No Yes Projected Image Signs – Above Ground No Yes Projected Image Signs – On Ground No Yes Electronic Sign No Yes 5.3. In the Downtown Sign District the following regulations apply in addition to those set out in Tables 1 and 2: (a) A fascia sign shall be located within the horizontal band which divides the store front widows from the upper facade; (b) A sign in the Downtown Sign District shall not be internally illuminated. 5.4. Notwithstanding Table 1, the following signs are permitted outside of the Sign Districts: (a) institutional signs; Page 25 of 52 Page 383 of 596 - 20 - (b) agricultural signs; (c) new development signs. III. THE REGULATIONS The regulations specific to each type of sign are as follows: 6.0 GROUND SIGNS A ground sign shall conform to the following regulations: 6.1. Ground signs General ground signs and pylon signs must comply. 6.1.1. One (1) ground sign may be located along a street frontage for each 45 metres of street frontage. 6.1.2. No more than two (2) ground signs may be located on the street frontage of property. 6.1.3. No ground sign shall be located closer than 30 metres to any other ground sign on the same property. 6.1.4. The maximum total sign area for all ground signs on a street frontage shall be as set out in Table 4. Table 4 Maximum Area Ground Signs Lot Frontage Chippawa All Other Sign Districts 23 metres or less n/a 4.6 m2 23 metres to 30 metres n/a 7.0 m2 Over 30 metres but less than 46 metres n/a 9.3 m2 Over 46 metres n/a General Ground Sign: 18.6m2 Pylon Sign: 23m2 All frontages 4.6m2 n/a 6.1.5. The maximum sign area for all ground signs on a property shall include the area of all permitted directional signs. Page 26 of 52 Page 384 of 596 - 21 - 6.1.6. Every ground sign shall display the municipal address of the property upon which the sign is located in numerals that are a minimum height of 150 millimetres. 6.1.7. No part of a ground sign shall be located within 1.5 metres of a streetline or public sidewalk. 6.1.8. The maximum height of a ground sign other than a pylon sign shall be 2.4 metres. 6.2. Pylon Signs A pylon sign shall conform to the following regulations: 6.2.1. A pylon sign shall be erected on a property with a minimum street frontage of 30 metres. 6.2.2. A pylon sign shall not be erected on a street frontage of a lot that is less than 30 metres. 6.2.3. There shall be no more than one (1) pylon sign erected on any frontage of any lot. 6.2.4. Notwithstanding Table 3, a pylon sign shall not be erected in the Main and Ferry District as shown on Schedule “A” of this By-law. 6.2.5. The maximum height of a pylon sign shall be 9 metres. 6.2.6. A pylon sign shall have and maintain an minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. 7.0 WALL SIGNS 7.1. Fascia Signs A fascia sign shall conform to the following regulations: 7.1.1. No fascia sign shall cover or project into any window, door, or other opening on a building face. 7.1.2. A fascia sign may project a maximum of 0.45 metres from a building face over the streetline. 7.1.3. A fascia sign projecting .08 metres or more from a building face shall be a minimum of 2.70 metres above grade. 7.1.4. The upper limit of a fascia sign shall not project above the roofline or parapet of a building. Page 27 of 52 Page 385 of 596 - 22 - 7.1.5. No fascia sign shall be attached to a mansard roof. 7.1.6. The maximum aggregate area of all fascia signs on any one (1) building face shall be 25% of the area of the building face to which it is attached. 7.1.7. Notwithstanding sub-section 7.1.6 the maximum area of all facia signs on any one (1) building face within the Chippawa District shall be 9.3 square metres. 7.1.8. Where two (2) or more fascia signs are attached to a building, the signs shall maintain a uniform band of signage along the building face defined by locating all signage on the building face in a manner that maintains a consistent horizontal alignment and vertical height. 7.1.9. In the case of a building containing multiple occupancies or tenants, a maximum of one (1) fascia sign shall be permitted for each tenant or occupancy provided the maximum total sign area permitted for fascia signs is not exceeded. 7.1.10. One (1) fascia directory sign shall be permitted on any building and shall be included in the total maximum sign area for fascia signs. 7.2. Murad Signs A murad sign shall conform to the following regulations: 7.2.1. The maximum area of a murad sign shall be 25% of the area of the building face from which it is displayed. 7.2.2. Notwithstanding sub-section 7.2.1 the maximum area of a murad sign displayed within the Chippawa District shall be 9.3 square metres. 7.3. Awning Signs An awning sign shall conform to the following regulations: 7.3.1. The maximum sign area of an awning sign shall be 25% of the awning to which it is applied. 7.3.2. The maximum length of an awning sign shall be 10 metres. 7.3.3. Awning signs shall not consist of three dimensional letters or graphics. 7.3.4. Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street or shoulder of a street to within 0.8 metres of a street curb or the shoulder of a road. 7.4. Logo Signs Page 28 of 52 Page 386 of 596 - 23 - A logo sign shall conform to the following regulations: 7.4.1. Where a logo sign is displayed on a building that is four (4) or more stories in height the logo sign shall be displayed on the building face of the upper most storey of that building. 7.4.2. Where a logo sign is displayed on a building of three (3) or fewer stories, it may be displayed anywhere on the building. 7.4.3. The maximum sign area of a logo sign shall be 10% of the portion of the building face defined by the floor and ceiling of the storey of the building upon which the logo sign is displayed. 8.0 ROOF SIGNS A roof sign shall conform to the following regulations: 8.1. No more than one (1) roof sign shall be located on a building. 8.2. A roof sign shall be integrated with the architecture of the building on which it is erected and shall not appear as a separate structure. 8.3. A roof sign shall be located a minimum of 1.2 metres from the outer wall of the building on which it is displayed and in no case shall a roof sign overhang the outer wall of a building. 8.4. No part of a roof sign shall be higher than 5.5 metres above the roof or parapet of the building. 8.5. No part of a roof sign shall be closer than 1.0 metres to the roof deck. 8.6. The maximum sign area of a roof sign shall not exceed 20 square metres. 8.7. A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape or prevent the free access of fire fighters to any part of the building. 8.8. A roof sign shall not obstruct the view from any window or skylight that is in a building located on an adjacent property. 8.9. An application for a roof sign shall include a visual impact study and an illumination study to illustrate and evaluate the impact of the roof sign with respect to the City’s skyline and appearance from Queen Victoria Park. 9.0 PROJECTING SIGNS A projecting sign shall conform to the following regulations: 9.1. A projecting sign shall not encroach onto a public property. Page 29 of 52 Page 387 of 596 - 24 - 9.2. Notwithstanding section 9.1 a projecting sign may encroach onto a street one half of the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. 9.3. The maximum area of a projecting sign shall be 7.0 square metres. 9.4. A projecting sign shall maintain a minimum clearance of 2.7 metres above grade. 10.0 CANOPY SIGNS A canopy sign shall conform to the following regulations: 10.1. The maximum height of a canopy sign shall be 0.6 metres. 10.2. Where a canopy sign is displayed above the canopy the vertical space between the lowest point of the sign and the top of the canopy or overhang shall not exceed 0.3 metre. 10.3. A canopy sign may project a maximum 0.3 metre from the canopy face. 10.4. A canopy sign shall maintain a minimum clearance of 2.7 metres above grade. 10.5. Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. 11.0 BILLBOARDS A billboard shall conform to the following regulations: 11.1. A billboard shall only be located on a vacant property designated Major Commercial, Industrial, Good General Agriculture by the City’s Official Plan. 11.2. Where a billboard is located on a premise, no other signs for which a permit is required shall be displayed on that premises and no sign permits shall be issued to permit any additional signs on that premises. 11.3. Notwithstanding the provisions of section 11.1 billboards are not permitted within the Downtown District and the Chippawa District. 11.4. The sign face of a billboard shall be a minimum 18.0 square metres in area and a maximum of 70 square metres. 11.5. The minimum distance between billboards shall be 300 metres. Page 30 of 52 Page 388 of 596 - 25 - 11.6. The maximum height of a billboard shall be 7.5 metres. 11.7. A billboard shall have no more than two (2) sign faces. Each sign face shall comply with section 11.4. 11.8. Where a billboard has two (2) sign faces the sign faces shall be located, placed and displayed at an angle no greater than 120 degrees which angle shall be measured from the back of the sign faces of the billboard. 11.9. A billboard shall be located more than 90 metres from a designated historic site, a public park, or any property designated Residential by the City’s Official Plan. 11.10. An application for a sign permit to erect and display a billboard shall include an illumination study and a visual impact study. 11.11. The maximum number of billboards in the City shall not exceed the official population of the City divided by 625. 11.12. The City in each calendar year may approve a maximum of 10 permits for billboards at new locations not currently containing billboards subject to the provisions of section 11.11 which shall supercede this section such that the total number of billboards within the City shall never exceed the number specified the calculation described in section 11.11. 12.0 BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS Banners, Portable signs and Temporary signs shall conform to the following regulations: 12.1. Banners 12.1.1. Not more than two (2) banners shall be placed on a single pole. 12.1.2. The maximum area of a banner shall be 2.5 square metres. 12.1.3. The minimum distance between any part of a banner and the grade shall be 2.7 metres. 12.1.4. A sign permit authorizing the erection, display or maintenance of a banner, that permit shall authorize that owner to erect, display or maintain any number of banners of the same design erected, displayed or maintained in the same manner. 12.2. Portable Signs and Temporary Signs 12.2.1. (1) a sign permit to erect, display, or maintain a portable or temporary sign shall have a maximum term of no more than 30 days. Page 31 of 52 Page 389 of 596 - 26 - (2) No more than four (4) permits for a portable or temporary sign shall be issued to the same business per calendar year. (3) The total number of days of erection, display or maintenance authorized by the four (4) permits described in sub-section 12.2.1 shall not exceed 120 days per calendar year. 12.2.2. The maximum height of a portable or temporary sign is 1.8 metres. 12.2.3. A portable or temporary sign shall have no more than two (2) sign faces. 12.2.4. The maximum sign area of an individual sign face of a portable or temporary sign shall be 3.0 square metres. 12.2.5. Where a portable or temporary sign has two (2) sign faces the sum of the sign area of the two (2) sign faces shall be no more than 6.0 square metres. 12.2.6. (1) Notwithstanding the number of occupancies in a premises, a maximum of one (1) portable or temporary sign per 15 metres of frontage shall be displayed along a street frontage of a property. (2) No portable sign shall be erected, displayed or maintained within 15 metres of another portable sign. 12.2.7. A portable or temporary sign shall be located as specified in the drawings submitted by the applicant to obtain the permit for that portable sign. 12.2.8. A portable or temporary sign shall be secured firmly to the ground to prevent any movement or tipping of the sign. 12.2.9. A portable or temporary sign shall not be animated in any manner and shall contain no mechanically or wind driven moving parts. 12.2.10. Streamers, flags, or flashing lights shall not be attached to a portable or temporary sign. 12.2.11. A portable or temporary sign shall contain no flashing lights or animation. 12.2.12. Without limiting in any way the effect of sub-section 3.6.1(e) a portable or temporary sign shall not be located in or obstruct a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law. Page 32 of 52 Page 390 of 596 - 27 - 12.2.13. Without limiting in any way the effect of sub-section 3.6.1(a) portable or temporary sign shall not be located on any street or public property. 12.3. New Development Signs A new development sign shall conform to the following regulations: Table 5 New Development Sign Regulations Details Regulations Maximum height 7 metres Maximum sign area for a first party sign 50 m2 Maximum sign area for a third party sign 30m2 Number of signs per street 1 Duration Sign shall be removed when the City assumes the plan of subdivision or within 60 days of the issuance of an occupancy permit or three years, whichever is the lesser. 13.0 READOGRAPH/ELECTRONIC MESSAGE CENTRE SIGN A readograph sign shall conform to the following regulations: 13.1. A readograph/Electronic message centre sign may be incorporated into any ground, fascia, roof sign or billboard permitted by this By law in the Sign districts listed in Table 6 below and is subject to the accompanying restrictions. Table 6 Readograph/Electronic Message Centre Sign Area Sign District Maximum Area of Readograph/Electronic message centre Fallsview District A maximum of 100% of an existing or proposed sign Clifton Hill District A maximum of 100% of an existing or proposed sign Lundy’s Lane District A maximum of 50% of an existing or proposed sign Page 33 of 52 Page 391 of 596 - 28 - Sign District Maximum Area of Readograph/Electronic message centre Whirlpool District A maximum of 15% of an existing or proposed sign Commercial/Industrial District A maximum of 15% of an existing or proposed 13.2. The message or animation of an electronic readograph/Electronic message centre sign shall cycle at an interval of not less than six (6) seconds. 13.3. For the purposes of this By-law the installation of a readograph/Electronic message centre sign on an existing sign shall require a building permit to ensure compliance with the Ontario Building Code. 13.4. Distance Separation 13.4.1. Electronic message centre sign shall not be erected within 60m of any residential zone, if such a sign will be directly visible from any point in the Residential zone; and, 13.4.2. No part of any Electronic message centre sign on a billboard or roof sign shall be erected within 150m of any Residential zone, if such a sign will face directly into a Residential zone. 13.5. Brightness 13.5.1. Electronic message centre signs shall have an intensity of luminance and illumination shall not exceed the lesser of: (a) 3 lux (0.3 foot candles) above the ambient light conditions, or 300 nits (300 cd/m2) during the hours between dusk and dawn; and (b) 5 lux (0.5 foot candles) above ambient light conditions or 5000 nits (5000 cd/m2) during the daytime hours. 13.6. Automatic Dimming 13.6.1. Electronic message centre signs must have installed an ambient light monitor which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the illumination regulations of this by-law. 13.7. Maintenance 13.7.1. Every sign owner shall ensure that each sign be maintained so that all electronic message centre signs shall be turned off if not in 100% working order. Page 34 of 52 Page 392 of 596 - 29 - 14.0 PROJECTED IMAGE SIGNS Projected image sign shall conform to the following regulations: 14.1. Above Ground Projected image sign 14.1.1. An above ground projected image sign shall be projected onto a building face by a projector located on the same property. 14.1.2. For the purpose of calculating the maximum sign area permitted on a particular building face, an above ground projected image sign shall be deemed to be a wall sign. 14.1.3. The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.1.4. An application for an above ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 14.1.5. The projector used to project the above ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 14.2. On Ground Projected Image Signs 14.2.1. An on-ground projected image sign shall be projected onto a horizontal ground plane surface by a projector located on the same premises. 14.2.2. The image projected by an on-ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.2.3. An application for an on-ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property onto which the sign will be projected. 14.2.4. The projector used to project an on-ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 15.0 TOURIST HOMES SIGNS Tourist Home signs shall conform to the following regulations: 15.1. A Tourist Home may have a maximum of one (1) sign. 15.2. A Tourist Home sign may be a ground sign or a projecting sign. Page 35 of 52 Page 393 of 596 - 30 - 15.3. A Tourist Home sign shall not be erected in a rear yard or an internal side yard, such yards to be determined in accordance with the provisions of any Zoning By- law of the City of Niagara Falls that applies to the subject Tourist Home. 15.4. No part of a ground sign on a Tourist Home premises shall be located within 3.0 metres of a streetline. 15.5. No part of a ground sign on a Tourist Home premises shall be located within 1.8 metres of a side property line. 15.6. A projecting sign for a Tourist Home shall be attached to the front wall of the premises. 15.7. The maximum area of a ground sign shall be 3.0 square metres. 15.8. The maximum area of a projecting sign shall be 1.5 square metres. 15.9. The maximum height of a ground sign shall be 3.0 metres. 16.0 POSTERS Posters shall conform to the following regulations: 16.1. No Person shall erect, place or display a poster on public property other than a community bulletin board. 16.2. The community bulletin boards shall be located as set out in Schedule “B” to this By-law. 16.3. The maximum area of a poster shall be 0.28 squares metres. 16.4. A maximum of one (1) poster concerning a particular topic may be placed on a community bulletin board at any one time. 16.5. A poster may not be located so as to obstruct or cover any other poster. 16.6. Posters shall be erected, placed or fastened on the community bulletin board only by means of thumb tacks, pins, or tape. 16.7. City Staff may remove any poster that does not comply with these regulations. 16.8. City Staff shall remove all posters from community bulletin boards on the last day of each month. 17.0 SANDWICH BOARD SIGNS The regulations governing the sandwich board signs permitted in the Downtown Sign district shall be as follows: Page 36 of 52 Page 394 of 596 - 31 - 17.1. Notwithstanding any other provision of this By-law, the owner of a premises located in the Downtown Sign district shall be entitled to a permit for one (1) sandwich board sign. 17.2. A sandwich board sign shall consist of two (2) boards, supported by the ground and joined at the top edge to form a rectangular prism. 17.3. A sandwich board sign shall have no more than two (2) sign faces. 17.4. The maximum sign area of a sandwich board sign shall be 1.25 square metres. 17.5. The maximum width of a sandwich board sign shall be 0.75 metres. 17.6. The maximum height of a sandwich board sign shall be 1.5 metres. 17.7. The maximum number of sandwich board signs permitted for each premises shall be one (1). 17.8. A sandwich board sign shall be located on the sidewalk immediately in front of the premises to which the sandwich board sign relates. 17.9. A sandwich board sign shall not be located such that it impedes the movement of pedestrians in any way. 17.10. A sandwich board sign shall be removed from the sidewalk during any time that the premises to which the sandwich board sign relates is not open for business. 17.11. All other provisions and regulations of this By-law shall apply to sandwich board signs located in the Downtown Sign district, with all necessary changes in detail. 18.0 INSTITUTIONAL SIGNS The regulations governing the institutional signs permitted outside the designated Sign districts in Table 1 shall be as follows: Table 7 Institutional Sign Regulations Criteria Regulations Type of signs permitted Ground sign, fascia sign, projecting sign Maximum number of signs permitted 3 Maximum readograph sign area 15% of sign area Maximum sign area – 1 to 15m lot frontage 2.3m2 Page 37 of 52 Page 395 of 596 - 32 - Criteria Regulations Maximum sign area – 16m to 23m lot frontage 4.6m2 Maximum sign area – 24m to 31m frontage 6.0m2 Maximum sign area - >31m lot frontage 9.3m2 Maximum height of a ground sign – 0 to 15m lot frontage 2.4m Maximum height of a ground sign – 16m to 23m lot frontage 3.6m Maximum height of a ground sign – 24m to 31m lot frontage 6.0m Maximum height of a ground sign - >31m lot frontage 7.5m Minimum setbacks for a ground sign 1.5m from any property line except where a ground sign has less than 1.2m of ground clearance which shall have a minimum setback of 3.0m from a streetline 19.0 AGRICULTURAL SIGNS The regulations governing the Agricultural signs permitted outside the designated Sign districts in Table 1 shall be as follows: Table 8 Agricultural Sign Regulations Criteria Regulations Types of signs permitted Ground signs Maximum height 2.0m Maximum sign areas 3.0m2 Minimum setbacks 1.5m from any property line except where a ground sin has less than 1.2m of ground clearance which shall have a minimum setback of 3.0m from a streetline IV. VARIANCES AND AMENDMENTS 20.0 VARIANCES Page 38 of 52 Page 396 of 596 - 33 - 20.1. Council hereby delegates the authority to grant minor variances to this By law to the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate. 20.2. An application for variance from the provisions of this By law shall be made to the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate on the appropriate form and shall be accompanied by the fee prescribed by the City. 20.3. The Planning, Building and Development Department shall prepare a report for the consideration of the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate, that provides for an assessment of the application, the reasons for the variance and a recommendation to the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate. 20.4. The Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate shall give notice of his intention to consider the application not less than ten (10) days before the day the decision is to be made with respect to that application. 20.5. Notice of the application shall be given to the applicant, all registered owners of property within 60 metres of the property subject of the application and to any appropriate agency or authority. 20.6. The notice shall identify the subject premises, state the date scheduled for the decision, provide a brief description of the proposed variance and particulars of how to make representations to the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate concerning the proposed variance. 20.7. The applicant shall post a sign, provided by the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate, on all street frontages the premises identifying the subject premises, stating the date scheduled for the decision, a brief description of the proposed variance, and the particulars of how to make representations to the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate concerning the proposed variance. 20.8. If the applicant does not correspond with the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate, the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate may proceed in the absence of the applicant and the applicant will not be entitled to further notice. 20.9. In the event that the applicant desires to submit additional information for the consideration of the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate, the applicant Page 39 of 52 Page 397 of 596 - 34 - may request a deferral of the decision by submitting a written request by 4:30 P.M. of the day before the date the decision is to be made 20.10. In considering an application for the variance, the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate shall have regard for: (a) Special circumstances or conditions applying to the lot, building, or use referred to in the application; (b) whether strict application of the provisions of this By law in the context of the special circumstances applying to the lot, building, or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant of a type and nature inconsistent with the general intent and purpose of this By law and the Official Plan; (c) Whether such special circumstances or conditions are pre existing and not created by the owner or applicant; (d) Whether the sign that is subject of the variance will alter the essential character of the area in which it is located; and (e) Any comments received. 20.11. The Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate may authorize a variance from the provisions of this By-law, with or without conditions, if, in the opinion of the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate: (a) The variance is desirable; (b) The variance is minor in nature; (c) That the general intent and purpose of this by-law is maintained: and (d) That the general intent and purpose of the Official Plan is maintained. 20.12. In the event that the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate has refused to grant the minor variance, the applicant may appeal the refusal to Council and the following rules shall apply: (a) The applicant shall deliver written notice of his intention to appeal to Council to the City in the prescribed form together with the prescribed fee within ten days of the date of the decision. A sign permit application and receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council. Page 40 of 52 Page 398 of 596 - 35 - (b) The Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard; (c) The Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate shall submit a report to Council stating the rationale for the decision. (d) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (e) Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. (f) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate is final. 21.0 AMENDMENTS 21.1. Council hereby delegates the authority to grant by-law amendments to this By-law to the General Manger of Planning, Building and Development or their Designate. 21.1.21.2. Where a proposed sign fails to meet any of the provisions of clauses (a), (b), (c) or (d) of section 20.11 of this By-law as determined by the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate or where a proposed sign is not permitted by this By-law, or where a billboard is proposed to be 100% electronic message centre other than as permitted by this by-law, the applicant shall make application for an amendment to this By-law by: (a) Filing an application on the form provided with the Planning, Building and Development Department; (b) Submitting the prescribed fees; and (c) submitting any plans, drawings, documents or studies that may be deemed necessary by the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate to assess the application. Page 41 of 52 Page 399 of 596 - 36 - 21.2.21.3. The Planning, Building and Development Department Director of Planning, Building and Development shall submit a report for the consideration of Council the General Manager of Planning, Building and Development or their Designate that provides an assessment of the application, the reasons and appropriateness of the proposed amendment and a recommendation to Council the General Manager of Planning, Building and Development or their Designate. 21.3. At least one (1) public meeting shall be held. 21.4. Notice of a public meeting date of decision shall be given to the applicant, all registered owners of property within 120 metres of the property subject of the application and to any appropriate agency or authority not less than 2010 days before the day of the public meetingdate of decision. In the case of a proposed general amendment to this by-law, notice shall be given by publishing a notice in a newspaper that, in the opinion of the City Clerk or the Director of Planning, Building and DevelopmentGeneral Manager of Planning, Building and Development or their Designate, is of sufficiently general circulation in the area to which the proposed general amendment would apply that it would give the public reasonable notice of the public meetingdate of decision. 21.5. 21.5 The applicant shall post a sign, provided by the Planning, Building and Development Department, on all street frontages of the premises stating the date, time and location of the public meeting date of decision and a brief description of the requested amendment. 21.6. 21.6 If the applicant does not correspond with the General Manager of Planning, Building and Development or their Designate, the General Manager of Planning, Building and Development or their Designate attend the public meeting, Council may proceed in the absence of the applicant and the applicant will not be entitled to further notice in the proceeding. 21.7. In considering an application for an amendment, Council General Manager of Planning, Building and Development or their Designate shall have regard for, with all necessary modification, clauses (a), (b), (c), and (d) of section 18.11 of this By- law. 21.8. The General Manager of Planning, Building and Development or their Designate Council may impose such conditions including, but not limited to, the use of electronic signs for public service messaging, upon the granting of an amendment as it deems appropriate in the public interest. 21.9. In the event that the General Manager of Planning, Building and Development or their Designate has refused to grant the amendment, the applicant may appeal the refusal to Council and the following rules shall apply: Page 42 of 52 Page 400 of 596 - 37 - (g) The applicant shall deliver written notice of his intention to appeal to Council to the City in the prescribed form together with the prescribed fee within ten days of the date of the decision. A sign permit application and receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council. (h) The General Manager of Planning, Building and Development or their Designate shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard; (i) The General Manager of Planning, Building and Development or their Designate shall submit a report to Council stating the rationale for the decision. (j) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (k) Council may uphold, vary or refuse the recommendation of the General Manager of Planning, Building and Development or their Designate. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. (l) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the General Manager of Planning, Building and Development or their Designate is final. 21.8. Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the matter before Council and the decision of Council on the application shall be final. 21.9.21.10. Site Specific Provisions 21.9.1.21.10.1. Notwithstanding the provisions contained in sections 3.6.1 and 6.1.4 hereof to the contrary, one pylon sign shall be permitted on the lands at the southeast corner of Murray Street and Stanley Avenue, being PIN 64377-0171 (LT), that are associated with the hotel located at 6361 Fallsview Boulevard, being PIN 64377-0105 (LT), having a maximum sign area of 63 square metres. 21.9.2.21.10.2. Notwithstanding any provisions contained in section 7.1 hereof to the contrary, one fascia sign composed entirely of an electronic video screen having a maximum sign area of 5.02 square metres, shall be permitted on the south elevation of the building located on the lands on the east side of Portage Road, south of Keith Street and Page 43 of 52 Page 401 of 596 - 38 - being PIN 64278-0062(LT), that are associated with the dentist office located at 3690 Portage Road. The sign shall not be used as a third party sign. 21.9.3.21.10.3. Notwithstanding the provisions contained in section 5.0 Table 3 hereof to the contrary, one pylon sign shall be permitted on the lands at the northeast corner of Thorold Stone Road and Kalar Road, being PIN 64296-0194, that is the location of a gas station known as 8267 Thorold Stone Road, and shall: i. be located not less than 42 metres from the north property line and not less than 82 metres from the east property line; ii. have a maximum height of 8 m; iii. have a maximum sign area of 13 sq. m.; and iv. have the lights dimmed between the hours of 11 pm and 7 am. 21.9.4.21.10.4. Notwithstanding the provision contained in section 13.0 Table 6 hereof to the contrary, a billboard sign that is 100% electronic message centre shall be permitted on the lands at the southwest corner of Thorold Stone Road and Garner Road, being PIN 64266-0145, that is know as 8972 Thorold Stone Road, and shall: i. be equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road; and, ii. remove the second existing static billboard sign located nearest the west property line before a permit is issued for the installation for the electronic message centre sign. V. PENALTIES AND ENFORCEMENT 22.0 PENALTIES AND ENFORCEMENT 22.1. No Person shall: (a) Erect, locate or display a sign without a permit if a permit is required under this By-law for that sign; (b) Erect, locate or display a sign for which a permit has been obtained except in accordance with the approved plans and drawings submitted as part of the permit application; Page 44 of 52 Page 402 of 596 - 39 - (c) Erect, locate or display a sign in a manner that is not in accordance with the regulations of this By-law or the conditions of any variance granted under this By-law; (d) Erect, locate or display a sign of a type which is not specifically permitted under this By-law; (e) Erect, locate or display a sign which is on or overhangs public property; (f) Fail to comply with an order issued pursuant to section 20.6 of this By-law. 22.2. Every person who contravenes any provision of this By law or an order issued pursuant to section 20.6 of this By-law is guilty of an offence and upon conviction, subject to the penalties and sanctions provided by provincial law for such an offence. 22.3. Where a person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdictions thereafter may, in addition to any other remedy or penalty provided for by law, make an order prohibiting the continuation or repetition of the offence by the person convicted. 22.4. Where a sign is erected or displayed on, over, partly on, or partly over property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice. 22.5. Where a sign is erected or displayed in contravention of this By law, the Chief Building Official or his designate may immediately pull down or remove any sign that he determines constitutes a safety hazard or concern. 22.6. Where a sign erected on private property does not comply with this By law or a permit issued under this By law, the Chief Building Official or his designate, may by order, require the owner to bring the sign into conformity in the manner and within the time specified in the order. 22.7. Any order required under this By law may be given by: (a) Personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c) Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.8. If the owner does not comply with an order given under this By law within the time specified in the order, the Chief Building Official or his designate may order the owner to remove the sign and restore the property and building in the manner and within the time specific in the order. Page 45 of 52 Page 403 of 596 - 40 - 22.9. Any order required under this By law may be given by: (a) Personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c) Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.10. Where the order is served in accordance with the provisions of this By law, it is deemed to have been received by the party being served upon the mailing or posting of the order. 22.11. Where a sign is not removed or a property and building are not restored as required by an order issued under this By law, the Chief Building Official or his designate, may have the sign removed and the property and building restored. For this purpose, the Chief Building Official, his designate, or a contractor or other agent may enter upon the property and premises at any reasonable time. 22.12. The costs of removing the sign and restoring the property or building may be recovered by adding those costs to the tax roll to be collected in the same manner as taxes. 22.13. Any sign removed by the City shall be stored by the City for 30 days, during which time the owner may redeem the sign upon payment of the applicable fee prescribed by the City. 22.14. Where a sign has been removed by the City and stored for a period of 30 days and has not been redeemed by the owner, the City may destroy or otherwise dispose of the sign after 30 days without notice or compensation to the owner. 23.0 CONFLICT 23.1. Where a provision of this By law conflicts with any other By law, the By law containing the higher standard shall prevail. 24.0 VALIDITY 24.1. If a Court of competent jurisdiction declares any section or part of a section of this By law invalid, it is the intention of Council that the remainder of the By law shall continue to be in force. 25.0 REPEAL 25.1. By-laws 2008-224, 2009-101, 2010-113, 2010-149, 2011-001, 2013-128, 2016- 043 and 2020-065 are hereby repealed effective the date of the passing of this By law. Page 46 of 52 Page 404 of 596 - 41 - (Original By-law was) Passed this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: December 15, 2008 Second Reading: December 15, 2008 Third Reading: December 15, 2008 S:\SIGNS\2013\SBA\SBA-2013-001\Run-up to August 13, 2013\Sign By-law 2008 224 - with modifications approved at Council Aug 13-13.docx Page 47 of 52 Page 405 of 596 - 42 - SCHEDULE "B" Community bulletin board locations: 1. MacBain Community Centre - 7150 Montrose Road, Niagara Falls 2. Gale Centre – 5152 Thorold Stone Road, Niagara Falls 3. Chippawa Willoughby Memorial Arena - 9000 Sodom Road, Niagara Falls 4. Oakes Park - 5700 Morrison Street, Niagara Falls 5. M.F. Ker Park - 3420 Sinnicks Avenue, Niagara Falls 6. E.E. Mitchelson Park - 3750 - 3800 Springdale Avenue, Niagara Falls Page 48 of 52 Page 406 of 596 CITY OF NIAGARA FALLS By-law No. 2025 – 079 A by-law to amend By-law No. 2021-24, to delegate approval of sign by-law amendments to the General Manager of Planning, Building and Development or their Designate, reduce the notice time period, adjust the outlined process and provide for an appeal process for sign by-law amendments, permit the issuance of Sign Permits for minor variances within the appeal period if the applicant proceeds with a sign permit application, and make position title changes. WHEREAS the Council of the City of Niagara Falls passed By-law No. 2021-24 on November 9, 2021, to prohibit and regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls (the “Sign By-law”); AND WHEREAS the Council of the City of Niagara Falls approved the recommendations of Council Report PBD-2025-42 on June 17th, 2025, to amend the Sign By-law to delegate the approval of Sign By-law amendments to the General Manager of Planning, Building and Development or their Designate, reduce notice requirements, provide for an appeal process and other housekeeping changes; AND WHEREAS it is deemed desirable to amend the Sign By-law accordingly, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 3- ADMINISTRATION of By-law No. 2021-24 is amended as follows: (i) The following new subsection is added as subsection 3.3.8.: 3.3.8. The provisions of this By-law shall not apply to prevent the installation of a sign for the purpose of public service by The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, any local board as defined in The Municipal Affairs Act, R.S.O 1990,c.M.46, the Niagara Peninsula Conservation Authority, The Niagara Parks Commission, the Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c.M.19; and any Department or Ministry of the Government of Canada or Ontario including Ontario Hydro, or by any railway, power commission, telephone, telecommunication, or gas company or other utility supplying public services provided that the sign shall be designed and installed in accordance with the general character of the sign district and general regulations of the sign type. Page 49 of 52 Page 407 of 596 2. That SECTION 20- VARIANCES of By-law No. 2021-24 is amended by adding the following sentence at the end of subsection 20.12 (a): “A sign permit application and receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council.” 3. That SECTION 21- AMENDMENTS of By-law No. 2021-24 is amended as follows: (i) Subsection 21.2 is deleted and replaced as follows: 21.2 The Planning, Building and Development Department shall prepare a report for the consideration of the General Manager of Planning, Building and Development or their Designate, that provides for an assessment of the application, the reasons for the amendment and a recommendation to the General Manager of Planning, Building and Development or their Designate. (ii) Subsection 21.4 is amended by replacing the number “20” with the number “10” and deleting the phrase “day of the”. (iii) Subsections 21.4 and 21.5 are amended by replacing the phrase “public meeting” with “date of decision”. (iv) Subsection 21.5 is amended by deleting the words “date, time and location of the”. (v) Subsection 21.6 is amended by deleting the phrase “attend the public meeting” and replacing it with “correspond with the General Manager of Planning, Building and Development or their Designate”. (vi) Subsections 21.7 and 21.8 are amended by replacing the phrase “Council” with “General Manager of Planning, Building and Development or their Designate”. (vii) Subsection 21.8 is further amended by adding the word “The” before “General Manager of Planning, Building and Development or their Designate”. (viii) Subsection 21.9 is deleted and replaced as follows: 21.9 In the event that the General Manager of Planning, Building and Development or their Designate has refused to grant the amendment, the applicant may appeal the refusal to Council and the following rules shall apply: Page 50 of 52 Page 408 of 596 (a) The applicant shall deliver written notice of his intention to appeal to City Council in the prescribed form together with the prescribed fee within ten days of the date of the decision. A sign permit application and a receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council. (b) The General Manager of Planning, Building and Development or their Designate shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard. (c) The General Manager of Planning, Building and Development or their Designate shall submit a report to Council stating the rationale for the decision. (d) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (e) Council may uphold, vary or refuse the recommendation of the General Manager of Planning, Building and Development or their Designate. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. (f) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the General Manager of Planning, Building and Development or their Designate is final. (ix) Subsection 21.3 is deleted and the subsequent subsections are renumbered accordingly. (x) The following new subsection is added as subsection 21.1 and the subsequent subsections are renumbered accordingly: 21.1 Council hereby delegates the authority to grant amendments to this By-law to the General Manager of Planning, Building and Development or their Designate. 4. That By-law No. 2021-24 is amended in its entirety by deleting all references to “Director of Planning, Building and Development” and replacing it with “General Manager of Planning, Building and Development or their Designate”. 5. All other applicable provisions and regulations set out in By-law No. 2021-24 shall remain the same and continue to apply. Page 51 of 52 Page 409 of 596 6. 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, if applicable, after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 17th day of June, 2025. ........................................................ ..................................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 52 of 52 Page 410 of 596 PBD-2025-40 Planning Report Report to: Mayor and Council Date: June 17, 2025 Title: Building Faster Fund Investment Plan Recommendation(s) 1. That Council RECEIVE the City’s Building Faster Fund Investment Plan report for information purposes. 2. That Council APPROVE a capital budget amendment, to create a new singular Capital project in the amount of $1,721,209, for the project consisting of the initiatives approved under the Provincial 2023 Building Faster Fund (BFF) grant; and further, 3. That Council APPROVE the use of the City’s 2023 Building Faster Fund (BFF) grant funding of $1,711,755 received from the Province, plus year-to-date interest earned on the funds of $9,454, to accommodate the requested budget amendment; and further, 4. That the Mayor and City Clerk be AUTHORIZED to execute the necessary contract documents. Executive Summary This report informs Council about the Province’s Building Faster Fund (BFF) whose purpose target housing on based municipalities their funding provide to is to performance. This report also informs Council about the City’s Investment Plan that outlines how the $1.7 Provincial after allocated be will received the from grant million Province reconsideration of Niagara Falls’ 2023 Housing Target performance and BFF allocation for the 2024 program year. Background Under Bill 23, More Homes Built Faster Act, the Province of Ontario, in 2021, set an ambitious goal of adding 1.5 million homes to the Province’s housing stock by 2031 to address the shortage in housing. Under Bill 23, the Province’s 10-year housing target for Niagara Falls is 8,000 new housing units to be constructed by 2031, which translates into 800 housing units constructed annually for the next 10 years. Page 1 of 4 Page 411 of 596 Council endorsed a Municipal Housing Pledge committing the City to the Provincially assigned Municipal Housing Target of 8,000 new residential units by 2031 via staff report PBD-2023-14. In August 2023, the Province launched the Building Faster Fund (BFF), a three-year $1.2 billion program ($400 million annually) that provides new funding to municipalities based on their performance against their municipal housing targets. Funding from the BFF can be directed toward housing-enabling infrastructure and other related costs that support community growth. Due to the difficult financial climate, the production of housing has slowed across Ontario. To reflect the slowdown in housing production, the Province modified all municipal housing targets for 2023 and accordingly, the the City’s annual housing target decreased from 800 to 589 new housing units. Though the Province initially reported that the City did not meet its 2023 housing target, with only 401 new housing units started, staff were able to demonstrate that 471 new units were started, which translated into an 80% housing target completion rate. The 80% completion rate resulted in the City being rewarded with grant funding of $1,711,755 for the 2024 Building Faster Fund program year. The program end date for BFF was initially set to March 31, 2026, meaning funding received was to be used by this date. On May 12, 2025, the City received formal communication from the Province that the BFF program has been extended to March 31, 2028. This means that the City will now have until March 31, 2028 (an additional two years) to spend BFF dollars, including interest earned from Years 1, 2, or 3. There is no change to the total amount of funding in the program, and funding will still be based on performance against assigned housing targets in 2023, 2024, and 2025. Municipalities are required to submit a BFF Investment Plan (IP) for approval for each program year in which they have BFF funds to spend. Reports are required if a municipality has saved/banked funds or interest from the previous program year, regardless of whether they have qualified for additional BFF funding in the present program year. Analysis Funding from the BFF intends to support further growth in the housing supply, particularly through housing enabling infrastructure (e.g. site servicing, roads and public utilities) and other expenses. To receive the City’s BFF allocation for the first performance year, the City is required to submit an Investment Plan to demonstrate to the Province how our total funding allocation of $1.7 M will be used to achieve the objectives of the program. The Investment Plan must be approved by Council or delegated authority. Funds may be used on soft costs (planning studies and permits), land costs, and hard costs (construction, labour and materials), in the following categories: Page 2 of 4 Page 412 of 596 Capital expenditures on housing-enabling core infrastructure (e.g. roads, bridges, water and wastewater, including sanitary and stormwater facilities) and site servicing: o New construction, reconstruction, rehabilitation/repair or expansion of existing infrastructure. o Maintenance for renewal, rehabilitation, replacement of existing infrastructure. o Site servicing/site preparation. Operating or capital expenditures that support the creation of net new affordable housing. Operating or capital expenditures that support the creation of net new attainable ownership housing, including modular/factory-built homes. Capital expenditures for homelessness services centers, including net new shelter space or municipal homelessness service hubs. Based on the above criteria, City staff have put forward the initiatives outlined in Table 1 – Approved Investment Plan as the objectives for using the funding received by the City from BFF. The initiatives under the Investment Plan (IP) are eligible under the terms and conditions of the grant and, have been approved by the Province. Table 1 – Approved Investment Plan APPROVED INVESTMENT PLAN Park Street Project- $660,000 Connect new storm sewer, sanitary sewer and water Grade, pave and light the municipal property $160,000 $500,000 $660,000 Accessory Dwelling Unit Program Promotional and Education Campaign Design and preparation of permit drawings by licensed architect $25,000 $200,000 $225,000 Other Municipal Surplus Lands • Study work Capital $826,755 Total $1,711,755 Financial Implications/Budget Impact A budget amendment is required in the amount of $1,721,209 to create a new singular Capital project for the initiatives approved through the City’s Investment Plan under the BFF grant. This consists of the grant funding received from the Province of $1,711,755 and year-to-date interest earned of $9,454. Page 3 of 4 Page 413 of 596 The City received BFF funding in the amount of $1,711,755 on March 31, 2025. This funding is maintained in the City’s obligatory Building Faster Fund reserve fund within a separate bank account. To date, interest earned on the funding amounts to $9,454 for a total reserve balance of $1,721,209. Strategic/Departmental Alignment The Building Faster Fund Investment Plan is consistent with the City's Strategic priority of Economic Diversification and Growth. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Contributor(s) This report was written with contributions from Matt Greenfield and Katya D'Uva. Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Kailen Goerz, Senior Manager of Long Range Planning Initiatives Approved - 10 Jun 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 10 Jun 2025 Jason Burgess, CAO Approved - 11 Jun 2025 Page 4 of 4 Page 414 of 596 1 Heather Ruzylo -----Original Message----- From: Denise Mateyk < Sent: Monday, June 9, 2025 3:12 PM To: Jim DiodaƟ <jdiodaƟ@niagarafalls.ca> Cc: Aca Pantelic < Subject: [EXTERNAL]-Council MeeƟng Agenda Request for extension re Noise By-Law - St. George Serbian Orthodox Church Good aŌernoon Mayor Jim, Can you please add an item to the Agenda for the council meeƟng on June 17th regarding an excepƟon to the Noise Bylaw for Saturday, June 28th and Saturday, August 2nd? We appreciate the support you have given us for past events. On June 28th and 29th St. George Church and the Serbian NaƟonal Shield Society will be hosƟng the 80th Annual Serbian Day in Niagara Falls. It is a special celebraƟon this year highlighƟng the 80th anniversary of Serbian Day in Niagara Falls. This event is well aƩended and promotes the Serbian culture, youth, food and music. We respecƞully request an excepƟon to the Noise By-Law to have it extended to midnight on Saturday, June 28th. On August 2nd and 3rd, we will hosƟng the annual Kordun Family Picnic which has been held in Niagara Falls for over 35 years. This is a smaller event featuring music, food and vendors. For the Saturday evening (August 2nd) , we are requesƟng an excepƟon to the Noise By-Law to have it extended to midnight. Thank you for your consideraƟon for an excepƟon to the by-law. Respecƞully, Denise Mateyk On behalf of Aca Pantelic, President Serbian NaƟonal Shield Society of Canada & Honorary President of St. George Church CAUTION: This email originated from outside of the organizaƟon. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. Page 415 of 596 1 Heather Ruzylo Subject:Thunder River Bikefest 2025 -----Original Message----- From: lynn morton < Sent: Monday, May 26, 2025 12:59 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Thunder River Bikefest 2025 To whom it may concern Hi There My name is Lynn Morton and I am a founding member of a fundraising event called Thunder River Bikefest We are holding our event this year at the NaƟonal Military Heritage Museum, 12761 Sodom Road, Niagara Falls on July 26th & 27th and our chariƟes that will benefit our event this year are Birchway Niagara Women’s Shelter NaƟonal Military Heritage Museum Port Cares Food Bank & Community Care. The event is running from 11am to 11pm on both days. We held our event in Welland last Ɵme and where given Municipal Significance and where hoping that we could receive it this year from Niagara Falls. If you require any further informaƟon please feel free to contact me through email or at 289-931-1134 Thank yo and I look forward to hearing from you. Sincerely Lynn Morton Sent from my iPhone CAUTION: This email originated from outside of the organizaƟon. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. Page 416 of 596 Page 417 of 596 LLBIA 2025 Final Budget - Approved by LLBIA Board on May 29, 2025 2025 Budget REVENUE Tax Levy Requisition from City 220,000.00 Supplemental Taxes Investment Income 6,500.00 Net Revenue 226,500.00 Less: Expected Taxes written off by City 5,000.00 TOTAL REVENUE 221,500.00 Marketing Website 2,000.00 Artwork & Production 5,000.00 Social Media Ads, Adwords 20,000.00 TODS Signage 10,750.00 Website Hosting 850.00 Website Domains & Maintenance 350.00 Media Library / Videos 2,500.00 Out of Town Marketing 2,500.00 Contingency 7,500.00 Total Marketing 51,450.00 Events Restaurant Week + New Event 5,000.00 WFOL Decorations / Supplies / Installtion 120,000.00 Total Events 125,000.00 2025 BudgetPage 418 of 596 Memberships & Conference OBIAA 675.00 OBIAA Convention + Professional Development 1,450.00 Total Memberships & Conference 2,125.00 Beautification Banners, Brackets & Bus Shelter Branding 2,000.00 Planters & Winter Greens 62,000.00 New Planter Boxes to Replace Concrete from Bridge 11,000.00 Street - Benches / Recepticles / Utility Box Art 18,000.00 Total Beautificiation 93,000.00 Administration Project Administrator 40,000.00 Project Administrator Expenses 1,000.00 Digital Marketing & Website Coordinator Audit Expense 5,500.00 Bank Charges & Interest 150.00 Book Keeping 3,050.00 Insurance - Director's Liability $5M 3,046.00 Legal Fees 1,000.00 Mail Box 200.00 Meeting Expenses 250.00 Office Expenses 1,000.00 Misc Expense 500.00 Total Administration 55,696.00 2025 BudgetPage 419 of 596 Total Operational Expense 327,271.00 Net Operational Income -105,771.00 Use of Reserve Funds for Operational Shortfall Capital Project Funds 105,771.00 NET nil Page 420 of 596 1 Heather Ruzylo From: Olivia Scott <oscott@cason.ca> Sent: Friday, May 30, 2025 3:07 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-NAAW Flag Raising in Niagara Falls Hello, My name is Olivia Scott and I work at Community Addiction Services of Niagara (CASON). I am reaching out in regards to National Addiction Awareness Week (NAAW) and the hopes of being able to do a flag raising in Niagara Falls during that week as an awareness event that CASON is hosting. We have done the flag raising only in St. Catharines in the past and would like to expand to the other cities that our services are offered in. NAAW is from November 16th-22nd and we were hoping to be able to do the flag raising in the morning of Nov.21st. Please let me know if this is possible and what we need to do on our ends. Additionally, if we are able to do the flag raising, we would love for other politicians in the area to know and be involved, would that be something that would be covered on your end or ours? Thank you for taking the time and consideration. If you have any further questions or concerns, please feel free to reach out. Take care and have a wonderful weekend! Olivia Scott (She/her) Intake Coordinator & MMHAC Community Addiction Services of Niagara (CASON) 60 James Street – Unit 401 St. Catharines, ON L2R 7E7 E: oscott@cason.ca T: 905-684-1183 ext. 274 *PLEASE BE ADVISED: this email is NOT intended for emergency purposes. If this is an emergency, please call 911. This account is monitored Tuesday through Thursday from 9:30-4pm. If you are experiencing distress please contact the Distress Center at 905-688-3711; if you are experiencing a crisis please contact COAST 1-866-550-5205 ext 1. If you require detox please contact 905-682-7211. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Page 421 of 596 2 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 422 of 596 1 Heather Ruzylo Subject:RE: Niagara Health System - Request For Proclamation From: Usick,Karen Sent: 31-Mar-2025 15:05 To: jim.bradley@niagararegion.ca; wredekop@forterie.ca; mjunkin@pelham.ca; bgrant@wainfleet.ca; mayor@welland.ca; mayor@portcolborne.ca; jdiodati@niagarafalls.ca; jjordan@grimsby.ca; easton@lincoln.ca; cganann@westlincoln.ca; terry.ugulini@thorold.ca; mayor@stcatharines.ca; gary.zalepa@notl.com Subject: Niagara Health System - Request For Proclamation Greetings and good afternoon! I am contacting you today on behalf of the Niagara Health System’s – Addiction Services - Hepatitis C Care Clinic. Each year the 12 municipalities of Niagara have been so incredible to provide your support and the proclamations for the Canadian Viral Hepatitis Elimination Day awareness. In May of 2016, Canada’s Health Minister – Jane Philpott signed on to the World Health Organizations (WHO)’s first ever-Global Viral Hepatitis Strategy, with the goal to eliminate viral hepatitis as a public health threat by 2030. To support Canada’s Global strategy, all provinces and communities across Canada are working together to raise awareness. I am delighted to announce that we once again will be hosting a Canadian Viral Hepatitis Elimination Day awareness event. We will join our national partners on Friday May 9, 2025 to recognize this very important awareness day! Our program will be collaborating with the Niagara Health System – Welland Hospital Site at 65 Third Street, Welland. Our Community event will run from 11:00 am to 3:00 pm. The Hepatitis C Care Clinic event will encourage individuals to learn about hepatitis, liver health . . . how to receive hepatitis testing, care, and treatment. Our community event will also allow us to highlight the services of Niagara Health System’s - Mental Health and Addiction programs. In addition, the care and services of the many community partners that will be joining us at our street-based Health and Social Services Fair. We invite you to join us at our awareness day event! Please feel free to contact me for further details of the event! Alternatively, we can arrange to meet at a more convenient time, to allow us to share about who we are and what we do as a Team! Page 423 of 596 2 Again, this year the following prominent landmarks will illuminate in yellow and red to show their support – Canadian and USA Falls, Peace Bridge and the Welland Bridge 13. Are you wondering how you can help and offer your support! We are inviting you to join with Niagara’s awareness campaign, and that of our national partners to proclaim Friday May 9, 2025, as Canadian Viral Hepatitis Elimination Day throughout the 12 municipalities of Niagara. Together we are strong . . . we can join together to raise awareness and to help individuals throughout Niagara! If you have any questions, or require further information, please do not hesitate to contact me! Take care and have a lovely day! Karen Karen Usick – Reg. N Hepatitis C Care Clinic | Community Coordinator Niagara Health System | Addiction Services Karen.Usick@NiagaraHealth.on.ca W: 905-378-4647 x32555 | C: 289-696-2523 260 Sugarloaf Street, Port Colborne, ON L3K 2N7 HCCC Website Address - www.niagarahealth.on.ca/site/hepatitis-c-care NHS Addiction Services - www.niagarahealth.on.ca/services/addiction-recovery #WorldHepatitisDay I #NoHep I #GetTested I #LearnYourOptions Page 424 of 596 WORLD HEPATITIS DAY July 28th, 2025 WHEREAS, approximately 204,000 Canadians are living with hepatitis C and over 250,000 people are living with hepatitis B; WHEREAS, people living with hepatitis B and C have an increased risk of developing cirrhosis, liver failure and related illnesses; WHEREAS, Ontario has over 110,000 people living with hepatitis B or C, both of which are slow and progressive diseases; and WHEREAS, there are vaccines available for Hepatitis A and B; effective Hepatitis C treatment therapies can cure over 95% of cases; and WHEREAS, World Hepatitis Day provides an opportunity to reach out to millions of Canadians and encourage hepatitis testing, provide treatment and care for those affected while paving the way towards elimination of hepatitis as a public health concern in Canada by 2030; THEREFORE, I, Jim Diodati, Mayor of the City of Niagara Falls, do hereby proclaim July 28th, 2025 World Hepatitis Day in Niagara Falls. JOURNÉE MONDIALE CONTRE L’HÉPATITE Le 28 juillet 2025 ATTENDU QUE, au Canada, quelque 204 000 personnes vivent avec l'hépatite C et environ 250 000 avec l’hépatite B; ATTENDU QUE le risque de cirrhose, d’insuffisance hépatique et de maladies connexes est plus élevé chez les personnes qui vivent avec l’hépatite B ou C; ATTENDU QUE l'Ontario compte plus de 110 000 personnes vivant avec l'hépatite B ou C, deux maladies lentes et progressives; et ATTENDU QU’il existe des vaccins pour protéger contre l'hépatite A et B ainsi que des traitements efficaces pouvant guérir plus de 95 % des personnes atteintes d'hépatite C; et ATTENDU QUE la Journée mondiale contre l'hépatite est une occasion de joindre des millions de Canadiennes et de Canadiens, d'encourager le dépistage de l'hépatite et de fournir traitements et soins aux personnes touchées tout en ouvrant la voie vers l'élimination de l'hépatite en tant que problème de santé publique au Canada d’ici 2030; PAR CONSÉQUENT, je, Jim Diodati, maire de la Ville de Niagara Falls, proclame par la présente le 28 juillet 2025 Journée mondiale contre l’hépatite à Niagara Falls. Jim Diodati Mayor / Maire Page 425 of 596 Pe1erb2jhResolutionofCouncilCityCouncilMeetingTitle:Bill6,SaferMunicipalitiesAct,2025Date:May20,2025WHEREAS:1.Amunicipality’sparksandopenspacesarecriticalinfrastructurethatsupportastrongcommunity,andthepublic’ssharedandsafeuseofthemunicipality’sparksandopenspacesisintegraltoensuringthatsupport.2.Ontario’smunicipalitiesarestrugglingtomaintaintheirparksandopenspacesfortheirsharedandsafeusebythepublicasaresultoftheincreasingproliferationofencampmentsandillicitactivitiesrelatedthereto.3.Municipalitiesthatenforcetheirstandardsregulatingorprohibitingencampmentsintheirparksandopenspacesmusthaveregardtotheavailabilityofshelterspaceforthosewhoneedshelter.4.OnJanuary27,2023,JusticeValenteoftheOntarioSuperiorCourtofJusticerenderedhisjudgmentinWaterloo(RegionalMunicipality)v.PersonsUnknownandtobeAscertained(2023),[2023]O.J.No.417(WaterlooDecision)whichdeclaredthatthemunicipality’sby-lawviolatedsection7oftheCharterandwasthereforeinoperativeinsofarasitappliedtopreventencampmentresidentsfromerectingtemporarysheltersonasitewhenthenumberofhomelessindividualsintheregionexceededthenumberofaccessibleshelterbeds.5.TheWaterlooDecision’sanalysisoftheadequacyofshelterbedssuggestsanunworkableandunclearstandardthatgoesbeyondthenumberofshelterspacesandthatincludestherequirementtoprovideshelterspacesthatmustaccommodateillicitdruguseandotheractivitiesthatcouldputshelterresidents,workersandvolunteersatrisk.Theresultisthatmunicipalitiesareimpairedintheirenforcementoftheirstandardsandhavelostorarelosingcontroloftheirparksandopenspaces.6.OnDecember12,2024,theprovincialgovernmentintroducedBill242,SaferMunicipalitiesAct,2024.Amongitsvariousinitiatives,Bill242proposedtoamendsection2oftheTrespasstoPropertyActbyaddingaggravatingfactorsthatmustbeconsideredinthecourt’sdeterminationofapenaltyunderthatsection.However,thekeychallengewasthatamunicipality’sexerciseofitsrightsatcommonlawandundersection9oftheTrespasstoPropertyActtoremoveencampmentsfromthemunicipality’sparksandopenspacesremainedpotentiallysubjecttotheunworkableandunclearstandardfortheadequacyofshelterspacesuggestedbytheWaterlooDecision.7.OnJanuary13,2025,CounciloftheCityofPeterboroughresolvedtorequesttheprovincialgovernmenttoamendBill242toclearlydefineaworkablestandardforshelterspaceforthepurposesofamunicipality’sjurisdictiontoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces.8.Bill242diedontheorderpaperasaresultoftherecentprovincialelection.9.OnApril30,2025,theprovincialGovernmentre-introducedthelegislationintheformofBill6,SaferMunicipalitiesAct,2025.Bill6issubstantivelythesameasBill242.10.Inthesecircumstances,municipalitiescontinuetoneedprovinciallegislationthatclearlydefinesaworkablestandardforshelterspaceforthepurposesofamunicipality’sjurisdictiontoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces.NOWTHEREFORE,beitresolved:Page 426 of 596 1.ThattheprovincialgovernmentberespectfullyrequestedtoamendBill6toclearlydefineaworkablestandardforshelterspaceforthepurposesofamunicipality’sjurisdictiontoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces.2.That,withoutlimitation,Bill6providethatamunicipalitywillhavemetthestandardforshelterspaceforthepurposesofthemunicipality’sjurisdictiontoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces:a)despitetheestablishmentandenforcementofshelterrulesincludingrulesthatprohibitdruguseandotheractivitiesthatcouldputshelterresidents,workersandvolunteersatrisk;andb)ifanofficialdesignatedbythemunicipalityissatisfiedthatthenumberofavailableshelterspacesisatleastequaltotheaggregateofthenumberofindividualsactuallyseekingshelterandthenumberofindividualsagainstwhomthemunicipalityisplanningtoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces.3.Thatacopyofthisresolutionbesentto:a)Peterborough-KawarthaMPPDaveSmith;b)HonourableDougFord,Premier;c)HonourableRobertFlack,MinisterofMunicipalAffairsandHousing;d)HonourableDougDowney,AttorneyGeneral;e)AssociationofMunicipalitiesofOntario;andtoflCouncilsofeachofOntario’smunicipalities.Theaboveresolution,adoptedbyCityCouncilisforwardedforyourinformationandaction,asrequired.Thankyou.JohnKennedy,CityClerkPage 427 of 596 The Corporation of the City of Kingston 216 Ontario Street, Kingston, ON K7L 2Z3 Phone: (613) 546-4291 extension 1207 cityclerk@cityofkingston.ca Office of the City Clerk May 21, 2025 Via email All Ontario Municipalities Re: Kingston City Council Meeting, May 20, 2025 – Resolution Number 2025- 197; Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025 At the regular Council meeting on May 20, 2025, Council approved Resolution Number 2025-197 with respect to Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025 as follows: Whereas the Government of Ontario has introduced Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025, which proposes substantial changes to environmental planning policies, including replacing the Endangered Species Act with a new framework that reduces protections for at-risk species, and enabling the creation of Special Economic Zones that may override local planning authority and environmental oversight; and Whereas the City of Kingston supports increasing housing supply and economic growth, but believes this must be done in a way that upholds environmental responsibility and maintains the integrity of local planning processes; and Whereas Bill 5, as proposed, weakens safeguards for natural heritage systems, threatening biodiversity, and diminishing the authority of municipalities to manage growth in accordance with local needs and official plans; and Whereas the Canadian Environmental Law Association submits that all of the Bill 5 schedules, with minor exceptions, should be withdrawn and not further considered by the Legislative Assembly of Ontario until they are substantially modified to ensure robust protection for the environment, human health, and vulnerable members of the Ontario public, including Indigenous peoples, who may otherwise be harmed by the amendments contained in the various schedules; and Whereas the Canadian Civil Liberties Association finds that Schedule 9, in allowing the Minister of Economic Development to exempt “trusted proponents” Page 428 of 596 - 2 - from compliance with municipal and provincial law within the special economic zones, promotes abandonment of the rule of law subjecting Ontario’s lands and peoples to the possibility of arbitrary and non-transparent decision-making and effectively nullifying decades of legacy law-making in those zones; Therefore Be It Resolved That the Council of the City of Kingston oppose all provisions in Bill 5 that reduce environmental protections and Ontario’s proud legacy of protections of Endangered Species, that override the rule of law and that nullify municipal planning authority; and That the Council of the City of Kingston urge the Province of Ontario to support housing and infrastructure development in ways that align with sound environmental planning and wildlife protection and empower municipalities with appropriate planning tools; and That a copy of this motion be sent to The Honourable Doug Ford, M.P.P. Premier of Ontario, The Honourable Stephen Lecce, M.P.P. Minister of Energy and Mines, The Honourable Rob Flack, M.P.P. Minister of Municipal Affairs and Housing, The Honourable Todd J. McCarthy, M.P.P. Minister of the Environment, Conservation and Parks, Ted Hsu, M.P.P., Kingston & the Islands, John Jordan, M.P.P., Lanark-Frontenac-Kingston, and all Ontario municipalities. Yours sincerely, Janet Jaynes City Clerk /nb Page 429 of 596 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 May 26, 2025 CL 8-2025, May 22, 2025 PEDC 4-2025, May 7, 2025 PDS 11-2025, May 7, 2025 Local Area Municipalities SENT ELECTRONICALLY Corporate Climate Change Action Plan PDS 11-2025 Regional Council, at its meeting held on May 22, 2025, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 11-2025, dated May 7, 2025, respecting Corporate Climate Change Action Plan, BE RECEIVED and the following recommendations BE APPROVED: 1. That the proposed Corporate Climate Change Action Plan (CCAP), attached as Appendix 2 to Report PDS 11-2025, BE APPROVED; and 2. That Report PDS 11-2025 BE CIRCULATED to the Local Area Municipalities. A copy of Report PDS 11-2025 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2025-054 cc: B. Perna, Climate Change Specialist M. Sergi, Deputy Chief Administrative Officer N. Oakes, Executive Assistant to Deputy Chief Administrative Officer Page 430 of 596 PDS 11-2025 May 7, 2025 Page 1 Subject: Corporate Climate Change Action Plan Report to: Planning and Economic Development Committee Report date: Wednesday, May 7, 2025 Recommendations 1. That the proposed Corporate Climate Change Action Plan (CCAP), attached as Appendix 2 to Report PDS 11-2025, BE APPROVED; and 2. That Report PDS 11-2025 BE CIRCULATED to the Local Area Municipalities. Key Facts • The purpose of this report is to seek Council’s approval for the Corporate Climate Change Action Plan (CCAP). • This report provides an overview of the plan to achieve the Net-Zero target, with an initial focus set on practical actions to make meaningful progress in the short-term (by the end of 2028). • In early 2023, a Corporate Greenhouse Gas (GHG) Inventory was completed, which established baseline emissions, and a Target Report was presented to Council to review and approve efforts to significantly reduce corporate emissions. A Council Resolution was passed, for a Net-Zero (in principle) Corporate emissions target by 2050. • In the short-term the CCAP aims to reduce corporate emissions by 17.9% by 2028, aligned with the Net-Zero trajectory. This includes targeted reductions for each of the Region’s major emissions contributors (Buildings, Water and Wastewater, Operational Waste, and Fleet). • In the first five years of the Plan's implementation, actions will focus on existing end- of-life or asset maintenance capital infrastructure projects, alongside the development of foundational policies that integrate climate considerations into Regional services and projects. Any capital projects aligned with the Plan will be subject to Council approval through the annual budget process. • This plan will reduce GHG emissions, lower operational costs, enhance energy resilience, foster community collaboration, and future-proof against rising energy costs, with updates every five years to ensure effectiveness and adaptability. Page 431 of 596 PDS 11-2025 May 7, 2025 Page 2 Financial Considerations Initiatives identified in the Climate Change Action Plan will be brought forward through the annual budget process with business case analysis, evaluating GHG reduction impacts, life-cycle costs, and associated benefits for Council’s consideration. The first five years of the plan identify projects that are currently planned upgrades and end-of- life replacements or aligned with other master plans. As well, any new projects will go through the Corporate Asset Management Resource Allocation model (CAMRA) to ensure strategic investment and prioritization. External funding opportunities (i.e. Provincial and Federal funding) will be sought after to offset costs and enhance financial viability for any related projects. Providing a precise total cost estimate for a 25-year plan is inherently challenging due to numerous unpredictable factors. Rapid advancements in technology, fluctuations in energy prices, shifts in government policies, regulatory changes, and evolving market conditions all impact project feasibility and costs. Additionally, the availability of external funding sources, such as federal and provincial grants, will vary over time. These uncertainties make it impractical to define an exact long-term financial commitment. Some costing estimates and further details are available in the approved 2024-2028 Energy Conservation and Demand Management Plan (CDMP). As well, to support prioritization and funding impacts staff will be completing GHG Reduction Feasibility and Pathway Studies to provide insights into site-specific costs and impacts as we continue toward the Net-Zero target. Any funding requests will be brought to Council through the annual budget process. Analysis Setting a Reduction Target (PCP Milestone 2) The Corporate GHG Inventory provided a solid foundation for setting a corporate GHG emissions reduction target. On May 10, 2023, a Target Report presented to Council proposed an 80% reduction by 2050 (from 2018 levels). Following discussion, Council committed to a more ambitious Net-Zero by 2050 target, aligning with other Ontario municipalities and reinforcing the Region’s commitment to sustainability. This target, formally endorsed by Council, fulfills the Partners for Climate Protection (PCP) Milestone 2, and sets the stage for the CCAP – Milestone 3. Page 432 of 596 PDS 11-2025 May 7, 2025 Page 3 The Plan: Short, Medium and Long-Term Targets (PCP Milestone 3) The CCAP not only sets a clear path to Net-Zero emissions but also establishes the organization as a leader in sustainability. By prioritizing practical decarbonization strategies with measurable outcomes, the initiative demonstrates a commitment to proactive climate action. Emission reduction targets are structured into short-term, medium-term, and long-term goals, ensuring steady progress while integrating emerging technologies and best practices. This leadership has inspired seven of our Local Area Municipalities (LAMs), through out Niagara Climate Change Municipal Community of Practice (NCCMCP), to undertake their own Corporate Climate Action Plans, amplifying the impact of GHG reductions across the region. Beyond environmental benefits, the plan drives economic efficiencies through energy savings, fosters innovation, and enhances resilience by mitigating climate-related risks. It also improves public health by reducing pollution and promoting cleaner air. By leading with accountability and long-term vision, the CCAP not only strengthens corporate sustainability but also encourages a broader movement toward climate resilience and responsible growth. Table 1 presents the organization's Short-term (by 2028) emissions reduction targets by sector (% reduction from 2018 levels). The overall corporate reduction target is 17.9% (4,385 tCO₂e), reflecting the combined sector impact and alignment with the Net-Zero goal over 25 years. Table 1: Short-term emissions reduction targets, by sector Sector Short-Term Goal (2028) Emissions Reduction (tCO2e) Buildings 20.8% 2,630 Water and Wastewater 19.3% 1,213 Fleet 10% 353 Outdoor Lighting and Traffic Signals 0% 0 Operational Waste 10% 189 Total 17.9%* 1(reflects the Net- Zero trajectory) 4,385 1 The 17.9% overall reduction goal represents the organization's aggregated corporate emissions reduction target by 2028, aligned with the Net-Zero trajectory, rather than the direct sum of sector-specific reductions. Page 433 of 596 PDS 11-2025 May 7, 2025 Page 4 We recognize the imperative to transition towards Net-Zero emissions. However, it is important to be aware of the considerations that pose challenges to this transformation: • Cost o The cost to decarbonize remains high. o Departments operate within budgets derived from taxpayers/ratepayers or limited public funds. o Project prioritization remains a challenge due to evolving infrastructure needs. • Technological o Low-carbon solutions/technologies for some emissions sources are not yet mature. o Solutions/technologies at these stages (e.g. heavy-duty vehicles) of maturity are costly and carry technical risk. • Operations o Broad buy-in (top-down) is necessary. o Clear delineation of departmental responsibilities and allocation of staff resources is required. o Effective collaboration across departments is essential as efforts often overlap cross-functional teams. o Political shifts pose a risk to continued execution as focus and priority given to its actions can fluctuate. To address this, a pragmatic, three phase approach that balances environmental responsibilities with the realities of these challenges is proposed. Phase 1: Short-term (0-5 years) – Foundational Policy Development and Strategic Investments: Leverage end-of-life opportunities, understand life cycle costs to minimize expenses, increase efficiency, and establish foundational sustainability policies and processes. • Examples: Apply a climate lens, review internal resources, develop a corporate engagement plan, implement a decarbonization project assessment policy, implement a sustainable procurement policy, develop a green fleet plan and policy, complete low/no cost energy efficiency projects, evaluate opportunities for building consolidation, begin fuel-switching natural gas heating assets (at end-of- life) in buildings and WWW. Page 434 of 596 PDS 11-2025 May 7, 2025 Page 5 Phase 2: Medium-term (5-15 years) – Policy and Process with Initial Capital Investments: Enhance and solidify sustainable policies and processes while beginning initial capital investment projects to support future large-scale investments. • Examples: Investigate potential partnerships (e.g. municipalities/organizations), complete capital energy efficiency projects identified in CDMP, review policies for energy management at leased facilities, fleet transition, complete a 5-year CCAP update. Phase 3: Long-term (15+ years) – Intensive Capital Investment and Tackling the Balance: Make significant capital investments (leveraging funding where available) in advanced technologies/infrastructure and refine established policies to achieve deeper sustainability gains towards the Net-Zero target. • Examples: Complete capital-intensive energy efficiency and generation projects, substitute the use of natural gas with low-carbon fuels (biogas/renewable natural gas (RNG) for WWW process heating, investigate and evaluate tackling “last mile” emissions, revisit and refine existing plans and policies. Within Appendices 1 and 2 a structured plan is outlined in the form of action tables with these three distinct phases (short, medium, and long-term, respectively) that gradually lead the Region towards the Net-Zero target. Each phase is designed to strategically build upon the previous one, ensuring that impactful changes are made without overburdening financial resources. By focusing initially on cost-saving opportunities and policy development, a strong foundation is formed for the eventual capital investments needed to achieve deeper levels of decarbonization. Climate Action Benefits and Future Forward A strong CCAP enhances resilience, cost efficiency, and environmental responsibility in an era of economic and climate uncertainty. For example, with ongoing uncertainty with tariffs driving up energy costs, energy independence is crucial – local generation reduces reliance on volatile global markets while stabilizing expenses. Operational cost avoidance is achieved by optimizing energy efficiency and mitigating exposure to the Global Adjustment rate, which continues to rise due to peak demand charges and grid inefficiencies, ensuring long-term savings. Futureproofing through sustainable infrastructure will help the Region to adapt to regulatory shifts and climate risks, securing long-term viability. Additionally, lower emissions lead to reduced health impacts, improving air quality and community well-being. Page 435 of 596 PDS 11-2025 May 7, 2025 Page 6 The CCAP provides a strategic framework for reducing GHGs while integrating sustainability into core operations and long-term asset management. By aligning climate action with existing renewal cycles and leveraging external funding opportunities, it supports a fiscally responsible approach to decarbonization. The plan also ensures compliance with regulatory requirements, enables adaptation to emerging policies, and capitalizes on advancements in low-carbon technology. Endorsing the CCAP demonstrates leadership and a commitment to sustainability, positioning the Region to navigate future economic, environmental, and social challenges with confidence. Alternatives Reviewed Maintain the Status Quo Failing to implement a Corporate Climate Change Action Plan would reduce our Regions’ resilience to climate change impacts, lead to rising energy costs, and result in continued environmental harm, regulatory risks, and potential reputational damage. Relationship to Council Strategic Priorities • Green and Resilient Region – The Corporate Climate Change Action Plan is a key action under the Green and Resilient Region priority in Regional Council’s 2023- 2026 Strategic Priorities, helping to reduce emissions and build climate resilience. • Effective Region – Implementing a Corporate Climate Change Action Plan enhances operational efficiency, reduces long-term costs, and ensures regulatory compliance, supporting a well-managed and future-ready region. • Equitable Region – Climate action promotes environmental justice by reducing disproportionate climate impacts on vulnerable communities, ensuring a healthier and more sustainable future for all. • Prosperous Region – By fostering low-carbon innovation and sustainable business practices, the plan supports economic growth, job creation, and long-term prosperity in the region. Page 436 of 596 PDS 11-2025 May 7, 2025 Page 7 Other Pertinent Reports PDS 17-2023 Climate Change Update (https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=31292) Conservation and Demand Management Plan (2024-2028) (https://www.niagararegion.ca/culture-and-environment/pdf/2024-2028-energy- conservation-demand-management-plan.pdf) CSD 7-2022 Appendix 1 2021 Corporate Asset management Plan (https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=26693) _______________________________ Prepared by: Beatrice Perna Climate Change Specialist Office of the DCAO ______________________________ Recommended by: Michelle Sergi, MCIP, RPP Deputy CAO ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Suzanne Madder, Associate Director, Strategic Initiatives, Nicole Wolfe, Director, Construction, Energy and Facilities Management, Bradley Ray, Associate Director, Construction, Energy and Facilities Management, and Richard Pankratz, Manager, Energy Management. Reviewed by Angela Stea, Director of Strategic Initiatives, and Melanie Steele, Associate Director, Reporting & Analysis, Corporate Services. Page 437 of 596 PDS 11-2025 May 7, 2025 Page 8 Appendices Appendix 1 Corporate Climate Change Action Plan – Condensed Version Appendix 2 Corporate Climate Change Action Plan – Full Report Page 438 of 596 Corporate Climate Change Action Plan Condensed Version Niagara Region // May 7, 2025 PDS 11-2025 Appendix 1 Page 439 of 596 1 Table of Contents Land Acknowledgement ........................................................................................................... 2 Climate Change in Niagara ...................................................................................................... 2 Action Plan Framework ............................................................................................................ 2 Action Plan Overview ............................................................................................................... 3 Targeted Reductions ................................................................................................................ 3 Climate Action Benefits ............................................................................................................ 3 Cost to Decarbonization ........................................................................................................... 4 Setting the Foundation ............................................................................................................. 4 The Action Plan ........................................................................................................................ 4 A Phased Approach ................................................................................................................. 4 Short-term (0-5 years) – Foundational Policy Development and Strategic Investments: ...... 4 Short-term Plan Focus (0-5 Years) .......................................................................................... 7 A Phased, Strategic and Adaptive Path to Sustainable Energy Investment ............................. 7 PDS 11-2025 Appendix 1 Page 440 of 596 2 Land Acknowledgement Niagara Region is situated on treaty land. This land is steeped in the rich history of the First Nations such as the Hatiwendaronk, the Haudenosaunee, and the Anishinaabe, including the Mississaugas of the Credit First Nation. There are many First Nations, Métis, and Inuit from across Turtle Island that live and work in Niagara today. The Regional Municipality of Niagara stands with all Indigenous peoples, past and present, in promoting the wise stewardship of the lands on which we live. This commitment to stewardship aligns with Niagara's Corporate Climate Change Action Plan, reinforcing sustainable practices. By working together, we can honor these traditions and take meaningful action to address climate change for future generations. Climate Change in Niagara Niagara is experiencing significant climate challenges, including rising temperatures, increased precipitation, and more frequent extreme weather events. These shifts threaten both communities and the environment, disproportionately impacting vulnerable populations and escalating financial burdens. Table 1 – Projected Climate Impacts in Niagara1 Climate Parameter 2020 2050 2080 Difference from Baseline to Long-Term Mean Annual Temperature (℃) 8.7 10.7 12.3 +3.6 Days Above 30℃ 10.4 23.9 39.4 +29.0 Total Annual Precipitation (mm) 1080.6 1135.0 1192.0 +111.4 Mean Annual Temperature (℃) 8.7 10.7 12.3 +3.6 Action Plan Framework Niagara Region uses the Partners for Climate Protection program as its framework for climate change action. Niagara Region has completed Milestones 1 and 2. The Climate Change Action Plan represents Milestone 3 of this framework. This milestone focuses on the measurement, management, and reduction of greenhouse gas emissions from regional activities and facilities. 1 Toronto and Region Conservation Authority. (2022). Climate Projections for Niagara Region (p. 2). PDS 11-2025 Appendix 1 Page 441 of 596 3 Action Plan Overview On May 22, 2023, Regional Council reinforced its pledge to combating climate change by approving a Net-Zero corporate greenhouse gas emission reduction goal by 2050 in principle. This target supports action on climate change mitigation and aligns Niagara Region with other municipalities working towards Canada's Net-Zero carbon emissions plan. Targeted Reductions Niagara Region plans to achieve this target with an initial focus set on practical actions to make meaningful progress in the short-term (by the end of 2028). To achieve this, Niagara Region aims to reduce Corporate emissions by 17.9 per cent. Targeted reductions in the short-term for the Region’s major emissions contributors include: • Buildings • Water and Wastewater • Operational Waste • Fleet Climate Action Benefits Niagara Region’s climate action initiatives will reduce greenhouse gas (GHG) emissions, lower operational costs, and enhance energy resilience through local energy generation. By prioritizing sustainability, the Region will lead by example, encouraging community collaboration Figure 1- Partners for Climate Protection Milestone Framework PDS 11-2025 Appendix 1 Page 442 of 596 4 and driving long-term environmental and economic benefits. Additionally, these efforts will help future-proof operations by mitigating the impact of rising energy costs, ensuring cost avoidance and long-term financial stability. Cost to Decarbonization GHG emission reduction efforts will be integrated into operations and capital projects, aligning with asset renewal and the Corporate Asset Management Resource Allocation model (CAMRA) to ensure strategic, cost-effective investments. Projects will undergo business case analysis in the annual budget process, while external funding and master plan alignment will enhance efficiency. Given evolving technologies, energy costs, and policies, the plan remains adaptive, embedding climate action within core operations while supporting the Net-Zero goal. Setting the Foundation The longer-term path to Net-Zero will not be easy and will involve several financial, technological, and operational constraints. This plan recognizes these challenges and begins to set the required actions in motion to overcome them. The Action Plan Niagara Region has developed a pragmatic, phased approach that balances environmental responsibilities with cost restrictions, technological advances, and current operation practices. The following outlines a structured plan with three distinct phases (short, medium, and long- term) that gradually lead Niagara Region towards the Net-Zero target. Each phase is designed to strategically build upon the previous one, ensuring that impactful changes are made without overburdening financial resources. By focusing initially on cost-saving opportunities and policy development, a strong foundation is formed for the eventual capital investments needed to achieve deeper levels of decarbonization. A Phased Approach Short-term (0-5 years) – Foundational Policy Development and Strategic Investments: Leverage end-of-life opportunities, understand life cycle costs to minimize expenses, increase efficiency, and establish foundational sustainability policies and processes. PDS 11-2025 Appendix 1 Page 443 of 596 5 Table 2 – Short-term Plan Actions Actions Type Timing GHG Impact Cost Complete a comprehensive review of existing policies. Policy Immediate N/A Internal resourcing Begin fuel-switching natural gas heating assets (at end-of-life) in buildings and W&WW to low carbon sources. Project Ongoing High $$$ Implement a decarbonization project assessment policy. Policy Immediate N/A Internal resourcing Apply a Climate Lens to align investment decisions. Policy Immediate N/A Internal resourcing Perform a review of internal resources to ensure appropriate resourcing for climate action efforts. Process Immediate and Ongoing N/A Internal resourcing Implement a sustainable procurement policy prioritizing sustainable good or products. Policy Future N/A Internal resourcing Secure top-down support. Process Immediate and Ongoing N/A Internal resourcing Develop a corporate engagement, education, and awareness plan. Plan Immediate and Ongoing N/A Internal resourcing Implement policy to investigate the prevention of like-for-like replacement of natural gas assets at end of life. Policy Immediate N/A Internal resourcing Implement policy for Net-Zero requirement for all new constructed Regional buildings. Policy Immediate N/A Internal resourcing Complete low/no-cost energy efficiency projects. Project Immediate Low $ Enact a policy and provide training to reduce Fleet emissions. Policy Immediate N/A Internal resourcing Complete a Green Fleet Plan and Policy. Policy Immediate N/A Internal resourcing Electrify (to hybrid or fully electric) light- duty fleet vehicles. Project Immediate High $$ PDS 11-2025 Appendix 1 Page 444 of 596 6 Actions Type Timing GHG Impact Cost Develop a unified policy/procedure (between Waste Management and Facilities) to collect solid waste data. Policy Immediate N/A Internal resourcing Conduct regular waste audits to identify the types and volumes of waste generated. Process Ongoing N/A Internal resourcing Develop a waste reduction plan. Plan Immediate N/A Internal resourcing Annual Update of GHG Inventory process Future N/A $/Internal resourcing Medium-term (5-15 years) – Policy and Process with Initial Capital Investments: Enhance and solidify sustainable policies and processes while beginning initial capital investment projects to support future large-scale investments. Table 3 – Medium-term Plan Actions Actions Type Timing GHG Impact Cost Investigate potential partnerships with other municipalities and organizations to pool resources. Process Immediate N/A Internal resourcing Stay current on decarbonization technologies. Process Ongoing N/A Internal resourcing Create a process for and identify pilot small-scale decarbonization projects. Process Ongoing N/A Internal resourcing Complete capital energy efficiency projects. Project Future Medium $$ Electrify or de-carbonize fleet. Project Future High $$$ Review policies for energy management at leased facilities. Policy Immediate N/A Internal resourcing Evaluate opportunities for building consolidation Policy Immediate N/A Internal resourcing Complete 5-year Climate Change Action Plan updates. Process Future N/A $$ PDS 11-2025 Appendix 1 Page 445 of 596 7 Long-term (15+ years) – Intensive Capital Investment and Tackling the Balance: Make significant capital investments (leveraging funding where available) in advanced technologies/infrastructure and refine established policies to achieve deeper sustainability gains towards the Net-Zero target. Table 4 – Long-term Plan Actions Actions Type Timing GHG Impact Cost Complete capital-intensive energy efficiency and generation projects. Project Future Medium $$$ Substitute the use of natural gas with low-carbon fuels. Project Future High $$$ Investigate and evaluate methods for tackling “last-mile” emissions. Project Future High $$$ Revisit and refine existing plans and policies in support of the Climate Change Action Plan. Policy Future N/A Internal resourcing Short-term Plan Focus (0-5 Years) The short-term phase focuses on driving immediate GHG reductions while laying the foundation for long-term decarbonization. Key actions include applying a climate lens to all projects and operations, refining, and developing policies, and launching staff engagement and awareness initiatives. Priority measures – such as energy efficiency upgrades, fuel switching, and electrifying the light-duty fleet – are selected for their potential to deliver quick and measurable emissions reductions. Asset replacements will be strategically leveraged to avoid like-for-like substitution of high-emission equipment. Life cycle cost analysis will support these efforts, ensuring that climate-focused decisions are also fiscally responsible and avoid future retrofit needs. Together, these actions demonstrate early progress toward Net-Zero while embedding emissions reduction into everyday decision-making. A Phased, Strategic and Adaptive Path to Sustainable Energy Investment To ensure sustained emissions reductions over time, a phased and adaptive investment strategy was adopted. This approach balances long-term GHG goals with the need to respond to evolving technologies, fluctuating energy markets, and regulatory changes. All projects will be evaluated through a GHG-focused business case analysis during the annual budget cycle, integrated into the CAMRA process to align with asset renewal timelines and climate priorities. External funding and alignment with master plans will be pursued to maximize impact. By PDS 11-2025 Appendix 1 Page 446 of 596 8 embedding climate action into the core of planning and operations, this strategy ensures that all investments remain flexible, future-ready, and anchored in the pursuit of Net-Zero PDS 11-2025 Appendix 1 Page 447 of 596 Corporate Climate Change Action Plan Regional Municipality of Niagara May 7, 2025 PDS 11-2025 Appendix 2 Page 448 of 596 Land Acknowledgement Niagara Region is situated on treaty land. This land is steeped in the rich history of the First Nations such as the Hatiwendaronk, the Haudenosaunee, and the Anishinaabe, including the Mississaugas of the Credit First Nation. There are many First Nations, Métis, and Inuit from across Turtle Island that live and work in Niagara today. The Regional Municipality of Niagara stands with all Indigenous peoples, past and present, in promoting the wise stewardship of the lands on which we live. This commitment to stewardship aligns with Niagara's Corporate Climate Change Action Plan, reinforcing sustainable practices. By working together, we can honor these traditions and take meaningful action to address climate change for future generations. PDS 11-2025 Appendix 2 Page 449 of 596 Contents Acknowledgements ....................................................................................................... 6 List of Acronyms/Abbreviations .................................................................................. 8 Executive Summary ...................................................................................................... 9 Living Document ......................................................................................................... 10 Background ................................................................................................................. 11 Local Context ............................................................................................................. 11 Partners for Climate Protection (PCP) Program and RMON’s Climate Action Milestones .................................................................................................................. 12 Plan Development ...................................................................................................... 15 Strategic Alignment with Existing Policies and Plans .............................................. 15 Climate Change Lens ............................................................................................. 15 Corporate Engagament, Education and Awareness ............................................... 16 Action-Plan Sub Committee .................................................................................... 16 Broad Corporate Engagement ................................................................................ 16 Tackling the Climate Issue ......................................................................................... 18 Climate Change and the Greenhouse Effect .............................................................. 18 Climate Change in Niagara ..................................................................................... 18 Charting a Sustainable Tomorrow .............................................................................. 19 The Current (Baseline Emissions Inventory - PCP Milestone 1) ............................. 19 The Future (Setting a Reduction Target - PCP Milestone 2) ................................... 24 Short and Long-term Targets…………………………………………………………24 The Plan (Corporate Climate Change Action Plan - PCP Milestone 3) ................... 28 The Net-Zero Strategy ................................................................................................. 28 Guiding Pillars of Decarbonization ............................................................................. 28 Efficiency/Waste Management ............................................................................... 28 Electrification .......................................................................................................... 29 Green Energy ......................................................................................................... 30 Sector-Specific Emission Insights .............................................................................. 30 Buildings ................................................................................................................. 30 PDS 11-2025 Appendix 2 Page 450 of 596 Water and Wastewater ........................................................................................... 33 Fleet ........................................................................................................................ 36 Outdoor Lighting and Traffic Signals ....................................................................... 37 Operational Waste .................................................................................................. 37 Tackling the Balance .................................................................................................. 39 The Action Plan .......................................................................................................... 40 Cost to Decarbonize .................................................................................................. 50 Measurement and Evaluation Plan ............................................................................ 51 Comprehensive Perspectives: Beyond Decarbonization ........................................ 53 The Role of DEI ......................................................................................................... 53 Climate Change Adaptation and Resiliency ............................................................... 54 Putting it All Together ................................................................................................. 56 Appendices .................................................................................................................. 57 Appendix A – Technical Decarbonization Project List ................................................. 58 Appendix B – Potential Funding Sources ................................................................... 61 Appendix C – Regulatory Review Framework.…………………………………………..63 Figures Figure 1 - Map of Niagara Local Municipalities ............................................................. 11 Figure 2 - Partners for Climate Protection Milestone Framework .................................. 13 Figure 3 - RMON Climate Action Timeline ..................................................................... 14 Figure 4 - RMON 2018 Corporate Emissions Distribution by Sector (Pie Chart) ........... 21 Figure 5 - RMON BAU Projected Emissions to 2051 (Plot) ........................................... 23 Figure 6 - RMON 2018-2050 GHG Reduction Timeline (Visual) ................................... 27 Figure 7 - 2018 Buildings Electricity Emissions by End-use .......................................... 31 Figure 8 - 2018 Buildings Natural Gas Emissions by End-use ...................................... 32 Figure 9 - 2018 WWW Electricity Emissions by End-use .............................................. 34 Figure 10 - 2018 WWW Natural Gas Emissions by End-use ........................................ 34 Figure 11 - 2018 Fleet Emissions by Vehicle Type ........................................................ 36 Figure 12 - Active Keen on Green Initiatives ................................................................. 38 Figure 13 - Climate Change and Health Vulnerability Assessment Indicators ............... 55 PDS 11-2025 Appendix 2 Page 451 of 596 5 Tables Table 1 - CCAP Contribution Acknowledgements............................................................ 6 Table 2 - Projected Climate Impacts in Niagara ............................................................ 19 Table 3 - Scopes of Emissions ...................................................................................... 20 Table 4 - RMON 2018 Corporate Emissions Distribution by Sector (Table) ................... 21 Table 5 - RMON BAU Projected Emissions to 2051 (Table) .......................................... 23 Table 6 - RMON Short-term Goals by Sector ................................................................ 25 Table 7 - Short-term (0-5 year) Action List ..................................................................... 42 Table 8 - Medium-term (5-15 year) Action List ............................................................... 47 Table 9 - Long-term (15+ year) Action List .................................................................... 49 Table 10 - Measurement and Evaluation Actions .......................................................... 51 Table 11 -Technical Decarbonization Project List (Full) ................................................. 58 Table 12 - Potential Funding Sources............................................................................ 61 Table 13 - Regulatory Review Framework ..................................................................... 63 PDS 11-2025 Appendix 2 Page 452 of 596 6 Acknowledgements The development of this Corporate Climate Change Action Plan (CCAP) would not have been possible without contributions from a significant group of individuals. The Regional Municipality of Niagara (RMON) would like to acknowledge and extend gratitude to those who provided data and insights in the preparation of this Plan: Name Title Adam Niece Program Financial Specialist, Corporate Services Anastasia Trifunovic Sr. Asset Management Analyst, Corporate Services Bart Menage Director Procurement and Strategic Acquisitions, Corporate Services Beatrice Perna Climate Change Specialist, Office of the Deputy CAO | Region Project Manager for CCAP Bradley Ray Associate Director, Facilities Project Assets and Energy, Corporate Services Cameron Banach Director Housing Services, Community Services Carolyn Chandler- Hill Commander EMS Ops - Land Ambulance, Public Health and Emergency Services Cassie Ogunniyi Manager DEI Indigenous Relations, Office of the Deputy CAO Craig Martin Project Manager Energy Management (Facilities), Corporate Services Dave Salter Manager Transportation Asset Management, Public Works Erik Acs Manager Sustainable Communities, Office of the Deputy CAO Erin Shisler Water Process Specialist, Public Works Frank Gazzola WWW Energy Management Project Manager, Public Works Gordon Szaszi Housing Development Project Manager, Community Services Heidi Levitzky Waste Management Services Advisor, Public Works Jackie Gervais Health Promoter, Public Health and Emergency Services Jim Thompson Manager Fleet, Public Works Kevin Lewis Capital Works Project Manager, Community Services PDS 11-2025 Appendix 2 Page 453 of 596 7 Name Title Megan Waddington Manager Social Assistance and Employment Ops, Community Services Michael Breadner Manager Asset Management Office, Corporate Services Mike Iafrate Financial and Special Projects Consultant, Corporate Services Patricia Martel Manager Emergency Management, Public Health and Emergency Services Rachel Skellet Manager Planning Evaluation CQI, Public Health and Emergency Services Renee Muzzell Manager Program Financial Support, Corporate Services Richard Pankratz Manager Energy Management, Corporate Services Suzanne Madder Associate Director, Strategic Initiatives, Office of the Deputy CAO Taylor Wilson Technical Lead – Energy and Carbon Management | Consultant Project Lead for CCAP | Aladaco Consulting Inc. Usama Tariq Manager Long Term Care Facilities, Community Services Table 1 - CCAP Contribution Acknowledgements Document Citation: Niagara Region Office of the Deputy CAO (2025). Niagara Region Corporate Climate Change Action Plan. May 2025. Thorold, Ontario. PDS 11-2025 Appendix 2 Page 454 of 596 8 List of Acronyms/Abbreviations APSC: Action Plan Sub-Committee BEV: Battery electric vehicle BAU: Business-as-usual CCAP: Corporate Climate Change Action Plan CDMP: Conservation and Demand Management Plan CO2: Carbon dioxide DEI: Diversity, Equity and Inclusion DHW: Domestic Hot Water Heating EMS: Emergency Medical Services FCM: Federation of Canadian Municipalities GFPP: Green Fleet Plan and Policy GHG: Greenhouse gas ICE: Internal combustion engine IESO: Independent Electricity System Operator ICLEI: Local Governments for Sustainability (formerly International Council for Local Environmental Initiatives) KOG: Keen on Green LEED: Leadership in Energy and Environmental Design PCP: Partners for Climate Protection (framework) REC: Renewable energy credits RMON: Regional Municipality of Niagara tCO2e: Tonnes of carbon dioxide equivalent PDS 11-2025 Appendix 2 Page 455 of 596 9 Executive Summary This Corporate Climate Change Action Plan (CCAP) represents a pivotal point in the Regional Municipality of Niagara’s (RMON’s) overall climate action strategy. This CCAP was developed in alignment with Council Priorities for 2023-2026 and Energy Conservation and Demand Management Plans (CDMPs). In early 2023, the RMON completed a Corporate GHG Inventory which established baseline emissions (for the base year of 2018) as 24,455 tonnes of CO2 equivalent (tCO2e). On May 10th, 2023, a Target Report to Regional Council was presented to review and approve efforts to significantly reduce Corporate emissions. Following engagement, a Council Resolution was passed, for a Net-Zero (in principle)1 Corporate emissions target to be reached by 2050 - aligning with several other Ontario municipalities and demonstrating an unwavering commitment to sustainability. This CCAP provides an overview of the RMON’s plans to achieve this target, with an initial focus set on practical actions to make meaningful progress in the short-term (by the end of 2028). In the short-term the RMON aims to reduce Corporate emissions by 17.9%, aligned with the Net-Zero trajectory. This includes targeted reductions for each of the RMON’s major emissions contributors (Buildings, Water and Wastewater, Operational Waste, and Fleet). An Action Plan Sub-Committee (APSC) of Regional staff was established and engaged to set these goals as well as to inform the plans described in this CCAP. GHG reduction costs will be integrated into ongoing operations and aligned with asset renewal. Projects will be assessed on a case-by-case basis, with funding opportunities explored. They will be brought forward through the annual budget process with business case analysis, evaluating full life-cycle costs, GHG reduction impacts, and associated benefits. Projects will also go through the Corporate Asset Management Resource Allocation model (CAMRA) process to ensure strategic investment and prioritization. In the interim, some costing estimates and further details are available in the approved 2024-2028 CDMP, with further analysis available through ongoing Feasibility Studies funded by the Federation of Canadian Municipalities’ Green Municipal Fund. RMON’s Net-Zero plan includes three phases – short, medium, and long-term – each building on the last to ensure progress without straining finances. Early actions focus on cost-saving measures and policies, paving the way for later investments in decarbonization. Key steps include adopting efficient electric heating, switching to electric/hybrid vehicles, improving buildings, optimizing operations, and managing 1 The term "Net-Zero (in principle)" indicates a preliminary commitment to achieving Net-Zero corporate emissions by 2050, subject to further evaluation and potential adjustment upon the review and adoption of the Corporate Climate Change Action Plan. PDS 11-2025 Appendix 2 Page 456 of 596 10 waste. Climate resiliency, like handling increased rainfall and heat, ensures durable infrastructure. The CCAP sets actions in motion, reaffirming RMON’s commitment to GHG reduction, building resilience, and ensuring a sustainable future. Living Document The CCAP is designed as a dynamic and evolving framework, recognizing the fluid nature of environmental challenges and the need for adaptive strategies. As such, it is acknowledged as a Living Document that will undergo regular reviews and updates to accurately reflect ongoing changes, such as the addition or removal of Corporate facilities, advancements in technology, shifts in regulatory and environmental landscapes, as well as changes in the RMON’s internal policies to support this Plan. These updates are essential to ensure the CCAP remains relevant and serves as an effective guide towards the RMON’s sustainability goals. The process for reviewing and updating the CCAP will occur every five years in alignment with the CDMP and other strategic master plans. This coordinated approach ensures climate initiatives are integrated with broader sustainability and development goals, fostering a more resilient and sustainable Region. PDS 11-2025 Appendix 2 Page 457 of 596 11 Background Local Context Niagara Region is situated between Lake Ontario and Lake Erie. It is the traditional land of many First Nations; including the Hatiwendaronk, Anishinaabe and Haudenosaunee people, who have lived here for thousands of years before European exploration and settlement. It is rich in natural resources that helped sustain the original people for generations and served as a natural trade route between the north and south; a tradition that continues to this day. Niagara Region is the place where many treaty agreements were formed, building alliances among nations, including the eventual creation of Canada. Today, Niagara Region, with its 12 municipalities, is celebrated for its captivating natural landscapes and urban attractions, as well as fertile farmlands, scenic vineyards, and the impressive Niagara Escarpment. Encompassing 1,854 square kilometers, the Region features diverse urban centers, rural communities, and conservation areas. Niagara relies on Ontario's electricity grid, which blends nuclear, hydroelectric, natural gas, and renewable sources. Natural gas is the main heating fuel, supplemented by heating oil in remote areas and increasing use of electric heating technologies like heat pumps. Figure 1 - Map of Niagara Local Municipalities2 Gasoline and diesel remain the primary transportation fuels, but there is growing interest in sustainable mobility through alternative fuels and electric vehicles. 2 Local Municipalities - Niagara Region, Ontario. (n.d.). www.niagararegion.ca. https://www.niagararegion.ca/government/municipalities/default.aspx PDS 11-2025 Appendix 2 Page 458 of 596 12 The Niagara Region, celebrated for its rich heritage, vibrant arts scene, and world- renowned Niagara Falls, also values its agricultural roots and thriving wine industry, blending rural and urban lifestyles. This cultural richness provides opportunities for innovative climate strategies, starting with this CCAP. Influenced by provincial and federal regulations, including Ontario's emissions targets and the Pan-Canadian Framework, this CCAP aligns with initiatives for emissions reductions, energy efficiency, and sustainable practices at both Corporate and Community levels. The Niagara Region boasts a population of almost 500,000 and is expected to increase to roughly 700,000 by 20513 (or an average of 1.1% annually). Most of this population is concentrated in St. Catharines, Niagara Falls and Welland. The median age is 46 years old and roughly half of the residents are employed in either sales/service, trades or business occupations4. The RMON enhances community quality of life by providing essential services and infrastructure; managing local governance, public safety, water and wastewater services, transportation networks, and even maintaining landfill sites that have been transformed into natural areas. The RMON plans and supports sustainable urban development and economic development initiatives. In collaborating with residents and businesses, the RMON fosters a sense of belonging through diverse community programs, events, and initiatives promoting a thriving, inclusive, and vibrant local environment. The accomplishment of the above depends on the collective efforts of the RMON’s talented and dedicated staff who work diligently to balance the demands of the present while planning for the possibilities of the future. Partners for Climate Protection (PCP) Program and RMON’s Climate Action Milestones The Partners for Climate Protection (PCP) program5 is a framework established by the Federation of Canadian Municipalities (FCM) and the Local Governments for Sustainability (ICLEI – formerly the International Council for Local Environmental Initiatives) organizations. This framework helps Canadian municipalities tackle climate change through a five-milestone (Figure 2) program, each building on the last, to create a comprehensive decarbonization and sustainability plan. 3 Niagara Region. (2022). Niagara Official Plan (p. 14) [Review of Niagara Official Plan]. 4 Statistics Canada. (n.d.). 2021 Census of Population. https://niagaraknowledgeexchange.com/wp-content/uploads/sites/2/2022/04/2021-Census-Profile_Niagara-regional-Municipality-Census-Division_Statistics-Canada.pdf 5 Program - Partners for Climate Protection. (n.d.). Www.pcp-Ppc.ca. https://www.pcp-ppc.ca/program PDS 11-2025 Appendix 2 Page 459 of 596 13 Figure 2 - Partners for Climate Protection Milestone Framework The PCP program offers two streams: Corporate and Community. This CCAP represents Milestone 3 of the Corporate Stream, focusing on internal operations, specifically on the measurement, management, and reduction of GHG emissions from Municipal activities and facilities. The RMON joined the PCP program in 2009, initiating a strong commitment to sustainability and climate protection. In 2021, the RMON declared a climate emergency to acknowledge the urgency of addressing environmental challenges, mobilize resources for sustainable initiatives, and prompt decisive action to mitigate the impacts of climate change on communities throughout the Niagara Region. Since then, the RMON’s climate action efforts have increased substantially – adding climate change focus to policies, forming partnerships, and increasing investments in decarbonization measures. Figure 3 provides a brief overview of the RMON’s climate action milestones. PDS 11-2025 Appendix 2 Page 460 of 596 14 Figure 3 - RMON Climate Action Timeline As outlined, the RMON has completed PCP Corporate Milestones 1 and 2. This report satisfies the requirements of Corporate Milestone 3 – Development of a Corporate Climate Change Action Plan. PDS 11-2025 Appendix 2 Page 461 of 596 15 Plan Development Strategic Alignment with Existing Policies and Plans The CCAP aligns with Council's 2023-2026 Strategic Priorities, specifically the Green and Resilient Region priority, supporting the RMON’s mission to serve residents, businesses, and visitors through leadership and effective community services. The actions are guided by the Strategic Lenses of: • Sustainability and climate change • Diversity, equity, inclusion and Indigenous reconciliation • Innovation • Fiscal responsibility The CCAP operates in accordance with the CDMP, promoting energy efficiency and reducing GHG emissions. Recognizing that it takes energy to deliver services to the public, the plan also complements the GHG Reduction Feasibility and Pathway Studies, which aim to achieve Net-Zero emissions by examining strategies for significant emission reductions in 12 archetype buildings, and Regional Headquarters. Climate Change Lens Incorporating a climate lens into daily regional business involves adopting a strategic approach that prioritizes environmental sustainability, resilience, and economic considerations. This lens will ensure that every decision and action consider the implications for climate change mitigation and adaptation. By integrating this perspective, the RMON can enhance operational efficiency, reduce GHG emissions, and contribute positively to community efforts to combat climate change. Staff completed the DeGroote School of Business Capstone Project – Integrating Climate Change into our planning and the decision-making process – demonstrating the importance of aligning with Corporate goals and Council Strategic Priorities through a climate lens. It highlighted how this approach fosters innovation in sustainable practices, boosts the Region’s reputation, and attracts environmentally conscious interested parties (e.g. investors). It also highlighted how addressing climate risks and opportunities proactively helps future-proof operations against regulatory changes, resource constraints, and market shifts. Embracing a climate lens is a strategic advantage that drives long-term fiscal responsibility and resilience while playing a pivotal role in shaping a sustainable future for communities. To this end, the work of the Capstone Project will be analysed, and recommendations and tools will be adapted for implementation to support a Corporate climate lens. PDS 11-2025 Appendix 2 Page 462 of 596 16 Corporate Engagement, Education, and Awareness Action-Plan Sub Committee Engagement is crucial for a successful CCAP, bringing diverse perspectives, consensus, solutions, credibility, and sustainability. A Regional Action Plan Sub- Committee (APSC) was formed in the development of the CCAP to: 1. Gather Expertise and Perspectives: APSC includes representation from various regional departments and interested parties, ensuring comprehensive coverage of climate impacts across sectors such as infrastructure, public health, and finance. 2. Coordinate Holistic Climate Action: APSC integrates strategies across departments (energy, waste management, transportation), enhancing planning and execution coherence for effective climate initiatives. 3. Pool Resources: APSC consolidates departmental resources, data, and tools to efficiently allocate them towards climate initiatives. Establishing the APSC was pivotal, leveraging expertise and fostering collaboration for successful CCAP implementation. Regular meetings generated detailed discussions with feedback and strategies integrated throughout the CCAP. Questionnaires and surveys gathered broad insights, informing a well-rounded strategy reflecting APSC expertise and regional perspectives towards achieving sustainability goals. Broad Corporate Engagement Effective Corporate Engagement, Education, and Awareness are vital components of the CCAP. By fostering a well-informed workforce, the RMON can ensure that every employee understands their role in achieving the organization's climate change goals. Awareness and education not only empower employees but also drive behavioral changes necessary for reducing Corporate emissions. A structured framework is required to enhance staff understanding and participation in climate action initiatives. In the short-term, the RMON will develop a Corporate climate change engagement, education, and awareness plan to accomplish this, which may include: 1. Steering Committee: Forming a steering committee to guide RMON’s CCAP. This committee would oversee the implementation of the plan actions and make key decisions on future projects, ensuring they align with organizational goals. The committee will also track progress and provide direction for long-term energy and sustainability planning. PDS 11-2025 Appendix 2 Page 463 of 596 17 2. Monthly Vine Posts: Utilizing the internal newsletter, Vine, to regularly feature updates on RMON's sustainability efforts, success stories, and practical tips for employees to contribute to emission reductions. 3. Educational Campaigns and Contests: Launching engaging campaigns such as an "Energy Savings Challenge," where departments compete to reduce their energy use. Winners can receive recognition or rewards, creating a fun, competitive environment that promotes active participation. 4. "Did You Know?" Campaign: Developing a series of eye-catching infographics or short videos that highlight surprising facts about climate change, RMON's specific targets, and the impact of individual actions. These may be shared via email blasts, posted in common areas, or featured on the Vine. 5. Workshops and Training Sessions: Organizing workshops that detail the CCAP's goals and train RMON staff on how they can contribute. These sessions can cover topics such as recycling and energy conservation techniques. 6. Digital Information Hub: Further utilizing the Climate Change Vine page, which serves as a resource center for all things related to RMON’s climate initiatives. This can include CCAP updates, progress reports, educational materials, and an FAQ section to address common questions and misconceptions. 7. Feedback Mechanisms: Establishing channels for employees to provide feedback on the CCAP’s initiatives, suggest new ideas, and report any issues. This could be through regular surveys, suggestion boxes, or an interactive digital forum. 8. Leadership Endorsement and Role Modeling: Encouraging senior leaders and department heads to actively participate in these initiatives and model sustainable behaviors. Leadership endorsement can significantly boost employee morale and participation rates. By integrating these strategies, the RMON will not only increase Corporate awareness and education but also foster a culture of sustainability that is critical to achieving its climate action goals. PDS 11-2025 Appendix 2 Page 464 of 596 18 Tackling the Climate Issue Climate Change and the Greenhouse Effect The Earth's temperature relies on the equilibrium between the energy entering and leaving its system. When sunlight reaches the Earth, it can either be absorbed or reflected. The majority of it is absorbed by the Earth’s surface and warms it - a natural process that is essential to maintain life. Solar energy that is reflected back to space does not contribute to the Earth’s warmth. Climate change results from the Earth's natural energy balance being disrupted by greenhouse gases (GHGs), which trap heat in the atmosphere like a blanket. This phenomenon, known as the greenhouse effect, is worsened by human activities. The results are changes in the Earth's climate (“climate change”) which can have detrimental effects on human health as well as to natural ecosystems6. The Paris Agreement7, a critical international treaty, aims to limit global temperature rise to well below 2 degrees Celsius, urging nations to reduce GHG emissions and adopt sustainable practices. Mitigating climate change not only curbs temperature rise but also improves air quality, public health, and economic opportunities through energy efficiency and renewable energy investments. Integrating mitigation and adaptation strategies is crucial for building resilience against climate impacts and ensuring sustainable development worldwide. These principles underpin the RMON’s Corporate Climate Change Action Plan. Climate Change in Niagara Niagara faces significant climate challenges, including increased warmth, precipitation, and extreme weather events. These changes pose risks to both people and the environment, especially affecting vulnerable groups and increasing financial burdens. To address these challenges, the RMON commissioned a climate projections study from the Toronto and Region Conservation Authority in February 2022. This study analyzed regional climate data and highlighted distinct climate differences between the north and south regions of Niagara, influenced by orographic and elevation factors. 6 United States Environmental Protection Agency. (2021, April 15). Basics of Climate Change. Www.epa.gov. https://www.epa.gov/climatechange-science/basics-climate-change 7 United Nations. (2015). The Paris Agreement. United Nations. https://www.un.org/en/climatechange/paris-agreement PDS 11-2025 Appendix 2 Page 465 of 596 19 Table 2 outlines the study results for temperature and precipitation projections for the Niagara Region under a Business-As-Usual (BAU) scenario (that is, a collective high emissions pathway that projects continued increases to GHG concentration beyond the end of the century). Table 2 - Projected Climate Impacts in Niagara8 The climate projections study highlighted the unique regional vulnerabilities by broadly dividing the region into north and south. General conclusions can be drawn about how the projected changes will affect various communities throughout the region. This underscores the need for further plans, such as a Niagara Adaptation Plan, and a Community Energy Plan (CEP), to emphasize diversity, equity, and inclusion (DEI) and to be responsive to these challenges. Heat mapping at the dissemination area level could be particularly useful in understanding these impacts. Meanwhile, the CCAP, as a Corporate plan, also integrates DEI principles to ensure that the organization’s policies and actions contribute to addressing these issues. Charting a Sustainable Tomorrow The Current (Baseline Emissions Inventory - PCP Milestone 1) In March of 2023, the RMON completed a Corporate GHG Inventory9 (for the base year of 2018) following the PCP protocol, which detailed the RMON’s emissions profile. This inventory, fulfilling PCP Milestone 1, serves as the RMON’s guide towards a low-carbon future by documenting the RMON’s carbon footprint and providing insights to inform strategic decarbonization efforts. 8 Toronto and Region Conservation Authority. (2022). Climate Projections for Niagara Region (p. 2). 9 ICLEI Canada. (2023). Niagara Region 2018 Corporate Baseline GHG Emissions Inventory. Climate Parameter 2020 2050 2080 Difference from Baseline to Long Term Mean Annual Temperature (°C) 8.7 10.7 12.3 +3.6 Days Above 30°C 10.4 23.9 39.4 +29.0 Total Annual Precipitation (mm) 1080.6 1135.0 1192.0 +111.4 PDS 11-2025 Appendix 2 Page 466 of 596 20 To understand an emissions profile, it is critical to understand the different emissions Scopes. Table 3 provides a description of the three Scopes of emissions and provides examples of the RMON’s specific contributors within each Scope. Emissions Scope Scope General Description RMON-specific Corporate Emissions Sources Scope 1 Direct emissions from owned or controlled sources, like onsite fuel combustion, industrial processes, and owned vehicles, directly within the organization’s operational boundaries. • Mobile fuel combustion for fleet vehicles • Stationary fuel consumption for building/facility heating • Waste collected from RMON-owned facilities and housing units • Biogas flaring (WWW) Scope 2 Indirect emissions from purchased electricity, heat, or steam generation, occurring at the facilities of energy providers but resulting from the organization’s consumption. • Stationary consumption of electricity for corporate buildings and assets Scope 3 Indirect emissions from activities beyond an organization’s direct control, such as business travel, supply chain operations, product use, and disposal, influencing the environment but lying outside immediate organizational boundaries. • Landfill emissions • Police vehicles • Mobile combustion in vehicles for community waste collection • Region staff driving to and from work Table 3 - Scopes of Emissions Another fundamental decision in the development of the Corporate GHG Inventory was selection of the Inventory boundary which establishes which emissions sources/Scopes will be included. An Operational Control boundary was selected which includes Scope 1 and Scope 2 emissions. This boundary specifies that the inventory will include 100 per cent of the emissions from operations where the RMON has the ability to introduce and implement policies, procedures and practices that directly influence the emissions. PDS 11-2025 Appendix 2 Page 467 of 596 21 In 2018, the RMON’s total Corporate GHG emissions were 24,455tCO2e. A summary of the emissions sector breakdowns from the GHG inventory are shown in Table 4 and Figure 4 below. Sector GHG Emissions (tCO2e) Buildings 12,668 Fleet 3,526 Outdoor Lighting and Traffic Signals 91 Water and Wastewater 6,280 Operational Waste 1,890 Total10 24,455 Table 4 - RMON 2018 Corporate Emissions Distribution by Sector (Table) Figure 4 - RMON 2018 Corporate Emissions Distribution by Sector (Pie Chart) Business-As-Usual GHG Emissions Forecast A Business-As-Usual (BAU) emissions forecast was completed to project the RMON’s future emissions levels. This forecast assumed current practices, policies, and trends would continue without significant alterations or interventions. This emissions forecast, developed by expert consultants, was modelled in alignment with the most up-to-date 10 Values may not sum to total due to rounding Buildings 51.8% Fleet 14.4% Outdoor Lighting and Traffic Signals 0.4% Water and Wastewater 25.7% Operational Waste 7.7% PDS 11-2025 Appendix 2 Page 468 of 596 22 population forecasts from the RMON Development Charges Background Study11. It is a useful tool when making decisions related to energy and emissions mitigation strategies. In the BAU model, typical of most municipal organizations, population growth is the primary driver of Corporate energy use and emissions. As the Niagara Region expands, it is anticipated that more facilities will be required to accommodate this growth. Although regulations promoting high-efficiency and green energy systems will help minimize emissions associated with new facilities and infrastructure, the influence of population growth is expected to have a greater overall impact on the RMON’s emissions profile. Currently electricity consumption is a small overall contributor to the RMON’s emissions profile. This is a result of low emissions intensity in the current electricity supply in Ontario. However, it is expected that this will increase in the future. While fuel-switching fossil fuel consumption to electricity is widely accepted as the key to a low-carbon future, projected increases to the emissions intensity of the Ontario electricity grid may also require further investment in distributed renewable energy resources to produce that electricity cleanly. A summary of the BAU emissions forecast for the RMON’s Corporate operations is provided in Figure 5 and Table 5 below. 11 Watson & Associates Economists Ltd. (2022). Development Charges Background Study - Regional Municipality of Niagara. In Niagara Region. https://www.niagararegion.ca/business/property/pdf/2022-dc-background-study.pdf PDS 11-2025 Appendix 2 Page 469 of 596 23 Figure 5 - RMON BAU Projected Emissions to 2051 (Plot) Sector 2018 tCO2e 2032 tCO2e 2041 tCO2e 2051 tCO2e Buildings12 12,186 16,235 17,297 17,568 Fleet 3,526 3,846 4,282 4,765 Outdoor Lighting and Traffic Signals 91 299 374 416 Water and Wastewater 6,280 11,085 13,129 14,610 Operational Waste 1,890 2,242 2,469 2,777 Totals 23,973 33,707 37,551 40,136 Table 5 - RMON BAU Projected Emissions to 2051 (Table) 12 Per GHG Inventory, 2018 building emissions totals vary from baseline as waste management facilities are excluded due to lack of gross floor area data for this subsector. 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 2018 2032 2041 2051Emissions (tCO2e)Operational Waste Water & Wastewater Outdoor Lighting andTraffic Signals Fleet Buildings PDS 11-2025 Appendix 2 Page 470 of 596 24 The results are telling – without mitigation, the RMON will see an expected 67% rise in Corporate emissions between 2018 and 2051. Energy expenditures are also projected to increase between 37% (low-cost scenario) and 86% (high-cost scenario) by 20519. This represents an increase of between $6.6M to $17.8M annually. This requires an urgent call for decisive action. This trajectory demands immediate strategic interventions and collaborative departmental efforts to steer the course towards something more sustainable. In doing this, the RMON also demonstrates a commitment to the community through a lead-by-example approach. The Future (Setting a Reduction Target - PCP Milestone 2) The Corporate GHG Inventory provided a thorough understanding of Corporate emissions which was the basis for establishing an aggressive but achievable emissions reduction target. The goal of this target is to set the foundation, direction, and time horizon for emissions reductions efforts. On May 10, 2023, a Target Report was prepared and presented to Council which proposed an 80% emissions reduction target by 2050 over 2018 levels. This presentation generated significant interest and discussion. The result of that engagement was commitment to set an ambitious target of Net-Zero emissions by 2050. This target aligns with several other Ontario municipalities and demonstrates the RMON’s unwavering commitment to sustainability. This Net-Zero target (in principle) was formally endorsed by Council and thus became the RMON’s commitment. The establishment of this target satisfied the requirements of the PCP program Milestone 2 (Setting a Reduction Target) and was an essential step in laying the foundation for this CCAP (Milestone 3). Short and Long-Term Targets In formulating the CCAP, the RMON focused on practical decarbonization actions and corresponding outcomes/goals. To set quantifiable emissions reduction targets, these are divided into short (accomplished in less than 5 years) and longer-term targets (requiring greater than five years). In the short term, the RMON’s efforts will generally concentrate on foundational policies and the actions described in this CCAP prioritized by their relative cost to decarbonize (i.e. $/tCO2e reduced). The 2024-2028 CDMP provides these technical metrics for a variety of proposed projects in the Buildings and Water and Wastewater (WWW) sectors. The RMON will tackle energy efficiency retrofits, implement new policies to reduce waste, and begin to electrify light-duty vehicles and heating systems in alignment with the capital replacement schedules for those assets. PDS 11-2025 Appendix 2 Page 471 of 596 25 Table 6 outlines the organization’s 2028 emissions reduction targets by sector, expressed as percentage reductions below 2018 levels. Although the sector-specific GHG reduction targets total 60.1%, the overall Corporate GHG reduction target is 17.9% (4,385 tCO2e), reflecting the combined impact of all sectors and alignment with the Net-Zero goal. Sector Short- Term Goal (2028) Emissions Reduction (tCO2e) Primary Enablers Buildings 20.8% 2,630 • Electrify space and domestic hot water (DHW) heating systems at end-of-life • Prioritize natural gas efficiency measures Water and Wastewater 19.3% 1,213 • Electrify space and domestic hot water heating systems at end of life • Prioritize natural gas efficiency measures • Leverage low-carbon fuels (either electricity or RNG) for process heating Fleet 10% 353 • Replace end of life light-duty vehicles (estimated quantity of 30) with hybrid or fully electric vehicles Outdoor Lighting and Traffic Signals 0% 0 • N/A – See notes below Operational Waste 10% 189 • Enhance solid waste data collection strategies to enable informed analyses and identification of opportunities • Set waste reduction targets/policies as well as provide education and training to raise awareness, foster sustainable habits and improve compliance PDS 11-2025 Appendix 2 Page 472 of 596 26 Sector Short- Term Goal (2028) Emissions Reduction (tCO2e) Primary Enablers Total 17.9%* 13(reflects the Net-Zero trajectory) 4,385 Table 6 - RMON Short-term Goals by Sector Some notes related to these short-term goals: • The 2024-2028 CDMP process used 2023 data to calculate Scope 1 and 2 emissions for Buildings and WWW. A 20% reduction target was then established for these sectors relative to the emissions in 2023 (CDMP base year). The expectation is this 20% reduction below 2023 levels will be accomplished by the end of the CDMP period in 2028. Since the base year for this CCAP is 2018 (per the RMON’s GHG Inventory), those 20% reduction targets were translated back to equivalent reductions from 2018 (instead of 2023 per the CDMP) to maintain alignment. • A high-level assessment of the remaining useful life of natural gas assets, conducted as part of the 2024-2028 CDMP, indicated that roughly 16% of natural gas assets in Construction, Energy & Facilities Management buildings as well as 29% of natural gas assets in Niagara Region Housing buildings will be due for replacement between 2024-2028. While preliminary and not comprehensive, this datapoint supports the premise that the short-term goals are reasonable to anticipate. • The GHG reduction potential for Outdoor Lighting and Traffic Signals in the short- term is minimal, therefore has been assumed to be 0% for conservativeness. For the longer term, the RMON’s strategy will primarily include enhanced policy support and deeper capital investment to further electrification in the Fleet, Buildings, and WWW sectors. In Wastewater plants, the RMON will begin to focus on capital-intensive projects to leverage low-carbon fuels (such as RNG) in place of natural gas for emission-intensive anaerobic digestion processes. The importance of implementing policies that align with achievement of Corporate climate change goals was previously mentioned. For Operational Waste, in particular, policy support will be required to influence the real human aspect of reducing solid waste and reaching deeper levels of decarbonization. The RMON’s overall approach is designed to achieve short-term 13 The 17.9% overall reduction goal represents the organization's aggregated corporate emissions reduction target by 2028, aligned with the Net-Zero trajectory, rather than the direct sum of sector-specific reductions. PDS 11-2025 Appendix 2 Page 473 of 596 27 environmental responsibilities while positioning the organization to achieve the longer- term goal of Net-Zero by 2050. Figure 6 provides a visual of emissions reductions between the 2018 baseline and 2028 targets. It also provides projections beyond 2028 towards the overall 2050 Net-Zero target. Figure 6 - RMON 2018-2050 GHG Reduction Timeline (Visual) Achieving the Net-Zero target will require reaching the deepest decarbonization levels possible in each of these emissions sectors. There are a significant number of external factors (e.g. electricity grid emissions factor, availability of new technologies) that will impact the potential to achieve this goal. As a result, long-term goals set now, so far from the 2050 milestone are inherently uncertain. This is particularly true for more specific goals such as percentage reduction target by sector. For this reason, the 2033- 2050 periods illustrated in Figure 6 (labelled with asterisks) are for visual purposes only and should not be treated as accurate representations of targets or progress in that timeframe. In practice, and as previously described, the emissions from these sectors will be reduced to the extent possible then the remainder will be offset. Progressing further towards 2050, updates to this CCAP will provide more specific information about these longer-term potentials and set future (2033, 2038, etc.) emissions reductions targets. Activities such as the detailed analyses of the RMON’s GHG Reduction Pathway Studies will provide additional information to improve the accuracy of interim projections towards achievement of the 2050 goal. 0 5,000 10,000 15,000 20,000 25,000 2018 Baseline 2028 Target 2033 Target*2038 Target*2043 Target*2048 Target*2050 Net-ZeroTarget*GHG Emissions (tCO2e)Outdoor Lighting & Traffic Signals Operational Waste Fleet Water & Wastewater Buildings PDS 11-2025 Appendix 2 Page 474 of 596 28 The Plan (Corporate Climate Change Action Plan - PCP Milestone 3) This Corporate Climate Change Action Plan outlines the RMON's strategy to achieve Net-Zero GHG emissions by 2050, informed by the Corporate GHG Inventory. It includes proactive measures for climate adaptation and resilience, aligned with Council’s 2023-2026 Strategic Priorities. It emphasizes Corporate engagement, education, and awareness by incorporating feedback from regional departments and developing a plan to empower staff. The plan aligns with existing policies, federal and provincial laws, and ensures clarity with measurable, financially viable actions. It fosters a culture of sustainability, embedding climate action throughout the organization while adopting resilient strategies to address climate impacts. The Net-Zero Strategy The RMON’s Net-Zero Strategy stands as a pillar of commitment to combatting climate change. As the world navigates a critical juncture in collective environmental responsibility, this comprehensive Plan serves as the RMON’s ultimate guide. At its core lie three fundamental pillars of decarbonization – efficiency/waste management, electrification, and green energy. These pillars have sequential components that are interconnected, and those relationships are described in this section. These guiding pillars are then applied to the sectors and subsectors of the RMON’s operations to drive GHG reductions across the organization and strive towards the 2050 Net-Zero goal. Three Guiding Pillars of Decarbonization Efficiency/Waste Management Efficiency and waste management are fundamental to the RMON’s decarbonization strategy. Energy efficiency optimizes processes and uses innovative technologies to minimize energy waste while maximizing effectiveness. For instance, upgrading to energy-efficient LED lighting and enhancing building insulation can significantly reduce energy consumption and improve comfort within facilities. Considering efficiency and waste management can achieve greater output with fewer resources, leading to reduced GHG emissions from energy use. In Corporate settings, effective waste management involves strategies such as reducing and reusing office supplies, recycling paper, plastic, and other materials, and implementing composting for organic waste from cafeterias or offices. By minimizing solid waste for disposal, an organization’s carbon footprint can be reduced. PDS 11-2025 Appendix 2 Page 475 of 596 29 Electrification Following implementation of efficiency measures there are often opportunities to “fuel- switch” sources of energy to lower carbon alternatives. More specifically, electrification involves transitioning from fossil fuel-based systems to electric-powered alternatives. From a decarbonization perspective, this is beneficial for two reasons (the second being incremental to the first): 1. Lower Emissions Intensity per unit Energy: In general, electricity generation and transmission related emissions on a per kilowatt-hour (kWh) of energy basis are lower than that for an equivalent kWh of fossil fuel consumption. This remains true except in areas using significant high-carbon (coal, diesel) methods for electricity generation. 2. Relatively clean Ontario electricity grid: In Ontario, electrification serves as a leading decarbonization measure due to the province's predominately low-carbon electricity grid. With a substantial share of nuclear, hydroelectric, and renewable sources, powering electrical loads with Ontario's grid results in far fewer Scope 2 emissions (with Ontario’s electricity factor being 30gCO2e/kWh consumed14) than when powered by grids more dependent on fossil fuels. As a result of the above drivers, transitioning energy end-uses such as transportation and heating from fossil fuel sources to electricity leads to significant emissions reductions. This shift is evident in the transportation sector with the growing adoption of battery electric vehicles (BEVs) and the move away from internal combustion engine (ICE) vehicles – in alignment with the federal government plan (Canada’s Electric Vehicle Availability Standard15) for all new vehicles sold in Canada to be zero-emissions (tailpipe) by 2035. By embracing BEVs, organizations can reduce reliance on gasoline and diesel automotive fuels and lower emissions for transportation. Similarly, electrifying heating systems to reduce or eliminate natural gas consumption can result in meaningful emissions reductions. An example of this is implementing commercial heat pump technologies which have additional safety benefits. 14 Environment and Climate Change Canada. (2023). NATIONAL INVENTORY REPORT 1990 –2021: GREENHOUSE GAS SOURCES AND SINKS IN CANADA Part 3. Government of Canada (p. 67). Environment Canada. https://publications.gc.ca/collections/collection_2023/eccc/En81-4-2021-3-eng.pdf 15 Government of Canada. (2023, December 19). Canada’s Electric Vehicle Availability Standard (regulated targets for zero-emission vehicles). Www.canada.ca. https://www.canada.ca/en/environment-climate-change/news/2023/12/canadas-electric-vehicle-availability-standard-regulated-targets-for-zero-emission-vehicles.html PDS 11-2025 Appendix 2 Page 476 of 596 30 Green Energy The final stage of decarbonization involves deploying green energy generation, such as solar photovoltaic or biomass/biogas, which are carbon neutral and renewable. Ontario's electricity grid currently has a low emissions factor; however, it is projected to increase in the future. In that case electrification would not be as beneficial for GHG emission reductions where loads are reliant on grid-connected generation. This may require additional investment in on-site renewable energy to ensure cleaner electricity production. Implementing renewable energy should follow efficiency and electrification for several reasons: 1. Cost-effectiveness: Initial efficiency improvements and electrification are generally more cost-effective, requiring less capital than establishing renewable energy systems. 2. Reduced Energy Demand and Optimization: Efficiency measures reduce overall energy demand by optimizing processes and minimizing waste. This decreases the required capacity and cost of future renewable energy installations. 3. Behavioral Transition: Prioritizing efficiency and electrification helps transition mindsets and behaviors toward sustainability. It prepares individuals for electric alternatives and fosters a culture of sustainability before introducing renewable energy generation, demonstrating the benefits of decarbonization. Efficiency and electrification lay a strong foundation for integrating green energy generation, maximizing its value and impact. Sector-Specific Emission Insights This section provides insights into the emissions for each of the RMON’s emissions sectors. It also provides examples of some of the decarbonization actions that the RMON is already taking. A list of future, potential decarbonization projects is provided in Appendix A. Buildings As of 2018, Buildings accounted for 51.8% of the RMON’s Corporate emissions profile. This sector is the largest emissions contributor, driven mainly by electricity and natural gas use. Energy consumption in buildings is dependent on several factors including building designs/envelopes, the efficiency of mechanical systems as well as occupant behaviour. PDS 11-2025 Appendix 2 Page 477 of 596 31 The path to decarbonizing buildings involves improving energy demand (efficiency) and the sources of energy (electrification and renewable energy sources). To better understand the complex nature of energy consumption throughout the RMON’s building portfolios, analyses were completed to estimate energy (electricity and natural gas) consumption and subsequent GHG emissions by end-use, informed by the results of previous building audits. Figure 7 – 2018 Buildings Electricity Emissions by End-use PDS 11-2025 Appendix 2 Page 478 of 596 32 Figure 8 – 2018 Buildings Natural Gas Emissions by End-use On the electricity side (Figure 7), miscellaneous plug loads (including office equipment) and appliance loads are estimated to contribute the largest amount to energy consumption and subsequent emissions. Lighting and HVAC (namely cooling and ventilation) are also notable contributors, followed by small amounts of electric space heating and domestic hot water heating. On the natural gas side (Figure 8), space heating contributes significantly to the RMON’s consumption and emissions profile, followed by domestic hot water heating. For perspective, the combined contributions from space heating and domestic hot water heating are estimated to account for roughly 89% (11,205 tCO2e) of total emissions in the buildings sector. This observation shows the importance of addressing these end- uses in the journey towards the 2050 Net-Zero goal. Two significant commitments for buildings that are currently being tabled for discussion at the RMON are: 1) Implementation of a policy to investigate the prevention of like-for-like replacement of natural gas domestic hot water (DHW) or space heating equipment at their respective end of life. 2) Require all new constructed Regional buildings owned or paying utility costs to be Net-Zero, including design considerations like rooftop support for solar PV and energy storage. This reduces operational emissions, enhances resiliency, and offsets embedded carbon from construction. PDS 11-2025 Appendix 2 Page 479 of 596 33 These commitments are essential for reaching the Net-Zero target. The RMON is also investigating implementation of ISO 50001 energy management standards across the organization. Concurrently, as previously mentioned, the RMON is conducting GHG Reduction Pathway Studies for 12 buildings to develop strategies for significant emissions reductions, aiming for Net-Zero. Finally, the RMON is exploring a geothermal energy project at the headquarters facility in Thorold to reduce operational costs and GHG emissions by reducing natural gas use for heating. This could serve as an example for similar initiatives at other RMON facilities. Water and Wastewater As of 2018, Water and Wastewater accounted for 25.7% of the RMON’s Corporate emissions profile. The WWW sector is energy-intensive primarily due to the nature of the treatment and pumping processes involved. Wastewater treatment involves energy-intensive steps to remove pollutants and harmful substances to make water safe for discharge or reuse. Significant pumping power is required to move water and wastewater through pipes and processes. Additionally, as demand for clean water rises through population growth and more stringent standards for wastewater treatment are implemented the energy consumption and corresponding emissions from this sector are likely to increase. Also, WWW plants are sizable facilities that have their own non-process requirements (e.g. space heating, DHW, lighting) that also contribute to the RMON’s emissions profile. For these reasons, the WWW sector plays a critical role in the broader context of the CCAP. To achieve a more detailed understanding of where the RMON’s emissions in this sector originate, analyses were conducted to estimate energy (electricity and natural gas) consumption and subsequent GHG emissions by end-use. PDS 11-2025 Appendix 2 Page 480 of 596 34 Figure 9 – 2018 WWW Electricity Emissions by End-use Figure 10 – 2018 WWW Natural Gas Emissions by End-use Based on the end-use analyses (Figure 9 and Figure 10), the RMON’s largest emissions contributors are natural gas used for anaerobic digestion process heating and space heating, and electricity for aeration blowers and pumps. Anaerobic digestion at the wastewater treatment plants breaks down organic matter using microorganisms 0 100 200 300 400 500 600 WastewaterPumpingStations WastewaterPlants Water PumpingStations Water Plants Non-TreatmentFacilitiestCO2e Contribution (est.)WWW Electricity Emissions Matrix Pumps Aeration Blowers Lighting HVAC Controls Other 0 500 1,000 1,500 2,000 2,500 WastewaterPumpingStations WastewaterPlants Water PumpingStations Water Plants Non-TreatmentFacilitiestCO2e Contribution (est.)WWW Natural Gas Emissions Matrix Anaerobic Digestion Process Heating Space Heating DHW Heating PDS 11-2025 Appendix 2 Page 481 of 596 35 to produce biogas (mainly methane and carbon dioxide) and digestate. This process requires heat to maintain optimal conditions for microbial activity, and the combustion emissions from this heat source contribute significantly to overall process emissions. Since 2018, the RMON has harnessed over 6 million cubic meters of biogas annually from this process, which has been primarily used in boilers to recycle heat back into the digestion process or for space heating. This circular approach results in lower emissions compared to using natural gas alone. However, challenges remain with biogas availability and demand matching. To address this the RMON is exploring other solutions including renewable natural gas (RNG) opportunities to further decarbonize this process. Additionally, the RMON has integrated the EnvisionTM Sustainable Infrastructure Framework16 into new site designs. This framework evaluates sustainability and resilience across various infrastructure types offering a comprehensive assessment of water and energy use, waste generation, GHG emissions reductions, and renewable energy integration. As the CCAP aligns with the CDMP, it is important to note that a 20% emissions reduction target for water and wastewater treatment facilities has been set as the target by the end of 2028. 16 Envision Canada - Envision Canada. (2023, January 3). https://envisioncanada.com/about-envision-canada/ PDS 11-2025 Appendix 2 Page 482 of 596 36 Fleet As of 2018, the RMON’s vehicle Fleet accounted for 14.4% of the RMON’s Corporate emissions profile. Figure 11 breaks this down further by vehicle type. Figure 11 – 2018 Fleet Emissions by Vehicle Type In summary: Emergency Medical Services (EMS) vehicles are the largest contributor at 36% of fleet emissions Light-duty (cars/vans/pickups) vehicles are the second largest contributor at 28% of fleet emissions Heavy-duty (large trucks/snowplows) are the third largest contributor at 23% of fleet emissions The remaining contributions are related to medium-duty, offroad and miscellaneous vehicle types. As it relates to the Guiding Pillars of Decarbonization, both efficiency and electrification/fuel switching efforts can reduce fleet emissions meaningfully. More fuel- efficient vehicles are typically cost-effective measures but have a smaller GHG reduction potential. Fuel switching by investing in fully electric vehicles will achieve much deeper GHG reductions but can have cost and technology challenges. PDS 11-2025 Appendix 2 Page 483 of 596 37 A Green Fleet Plan and Policy (GFPP) will be developed in alignment with Council Strategic Priorities for 2023-2026 and this Net-Zero by 2050 pathway. The GFPP will lay out the specific plan and strategies to reduce the environmental impact of the RMON’s vehicle fleet. This will include transitioning to electric or hybrid vehicles, implementing fuel-efficient practices and policies, and investigating the feasibility of other alternative fuels. Fleet size and route optimization will also be considered in the GFPP. For many non-light-duty vehicle types there are currently technology constraints that limit the ability to fuel-switch to low-carbon alternatives (e.g. EMS vehicles). Technology continues to change rapidly in this space. The GFPP will play a critical role by enabling continuous market research, with the support and expertise of the Economic Development department, so the RMON can stay informed of the most recent developments. The results of the GFPP and this market research will inform fleet- related actions in future CCAP updates. This GFPP as well as the availability of funding are key to the successful decarbonization of the RMON’s vehicle fleet. Outdoor Lighting and Traffic Signals As of 2018, Outdoor Lighting and Traffic Signals accounted for 0.4% of the RMON’s Corporate emissions profile. At that point the RMON had already converted all roadway lighting to efficient LED technology, and over half of the warning beacons were solar powered and did not consume electricity from the grid. Since 2018, the RMON has also finalized the conversion of traffic signals to LED. Ultimately, the generation emissions of the Ontario grid will play a significant role in the emission trends for Outdoor Lighting and Traffic Signals. Operational Waste As of 2018, Operational Waste accounted for 7.7% of the RMON’s Corporate emissions profile. These contributions are proportional to the volume of solid waste generated from waste bins at municipally owned facilities and housing units, as well as from the treatment of this waste. From a Corporate perspective, the RMON’s goal is to reduce and divert the volume of solid waste generated at its facilities as much as possible. This is a shared responsibility between RMON and its employees. Waste Management The RMON’s Keen on Green committee is responsible for waste reduction initiatives and annual waste audits on the RMON Headquarters and Niagara Regional Police Services Headquarters (per the requirements of Ontario Regulation 102/94). The Keen on Green (KOG) committee was established with a mandate to identify and implement initiatives to minimize waste and increase diversion at these facilities. This cross- departmental committee, which includes Waste Management staff, meets at least four PDS 11-2025 Appendix 2 Page 484 of 596 38 times annually and is dedicated to promoting practices to reduce waste. Figure 12 highlights some of the initiatives that the KOG committee are actively facilitating. Figure 12 - Active Keen on Green Initiatives The RMON is also currently developing a Waste Management Strategic Plan (WMSP) that aligns with the CCAP time horizon. This plan aims to assess the current waste management system and develop direction/system options to establish a preferred system. This plan also includes a life cycle assessment to quantify potential GHG decreases or increases attributed to the options. Also, Sustainable Procurement will be integrated into the broader Social Procurement initiative at Niagara Region, ensuring that the Region’s purchasing decisions not only support environmental sustainability but also contribute to positive social outcomes. By embedding sustainability into the procurement processes, the aim will be to drive positive change across the Region’s supply chain, fostering economic equity and environmental stewardship while meeting the organization's broader social and environmental goals. Facilities Facilities and operations staff also each play their own critical roles in reducing solid waste in their respective facilities. While decarbonization measures in other areas (such as fleet and buildings) are primarily driven by technology changes, the opportunities for decarbonization in Operational Waste have a large behavioural component. As a result, Facilities staff play an important role in promoting practices to reduce solid waste at the sites under their management. PDS 11-2025 Appendix 2 Page 485 of 596 39 Having access to quality, facility-specific solid waste data is also essential to identify and act on the most significant opportunities in this space. The RMON’s data collection efforts for the GHG inventory provided valuable insights on methods to collect and handle this data. The RMON continues to investigate the best approaches to accomplish this while balancing the resources required. Tackling the Balance Though comprehensive implementation of the CCAP through waste/energy efficiency, electrification, and on-site renewables will significantly reduce Corporate emissions, the RMON acknowledges that complete elimination is not achievable. Energy consumption and solid waste cannot be reduced to zero, therefore addressing residual emissions is crucial for reaching the Net-Zero target. To address these challenges, the RMON will explore offsite renewable energy projects to attain Renewable Energy Credits (RECs), which certify that electricity was generated from renewable sources, to offset grid emissions. Where feasible the RMON will also consider opportunities for sale of biogas (from WWW) to acquire carbon credits to offset residual emissions. Additionally, carbon sequestration initiatives, including tree planting and a forthcoming Greening Strategy, will help neutralize the RMON’s environmental impact. Finally, the RMON continues to investigate carbon capture (such as methane capture in landfills) and storage solutions as technology is advancing rapidly in this space. There are significant opportunities for the RMON to reduce Corporate emissions before turning to any of these “last-mile” efforts, however this commitment is important to ensure that the CCAP’s approach evolves with advancements. PDS 11-2025 Appendix 2 Page 486 of 596 40 The Action Plan The RMON recognizes the imperative to transition towards Net-Zero emissions. However, it is important to be aware of the considerations that pose challenges to this transformation: • Cost o The cost to decarbonize remains high o Departments operate within budgets derived from taxpayers/ratepayers or limited public funds o Project prioritization remains a challenge due to evolving infrastructure needs • Technological o Low-carbon solutions/technologies for some emissions sources are not yet mature o Solutions/technologies at these stages (e.g. heavy-duty vehicles) of maturity are costly and carry technical risk • Operations o Broad buy-in (top-down) is necessary o Clear delineation of departmental responsibilities and allocation of staff resources is required o Effective collaboration across departments is essential as efforts often overlap cross-functional teams o Political shifts pose a risk to continued execution as focus and priority given to its actions can fluctuate To address this, the RMON proposes a pragmatic, three phase approach that balances environmental responsibilities with the realities of these challenges. Phase 1: Short-term (0-5 years) – Foundational Policy Development and Strategic Investments: Leverage end-of-life opportunities, understand life cycle costs to minimize expenses, increase efficiency, and establish foundational sustainability policies and processes. Phase 2: Medium-term (5-15 years) – Policy and Process with Initial Capital Investments: Enhance and solidify sustainable policies and processes while beginning initial capital investment projects to support future large-scale investments. Phase 3: Long-term (15+ years) – Intensive Capital Investment and Tackling the Balance: Make significant capital investments (leveraging funding where available) in PDS 11-2025 Appendix 2 Page 487 of 596 41 advanced technologies/infrastructure and refine established policies to achieve deeper sustainability gains towards the Net-Zero target. Tables 7 to 9 below outline a structured plan with these three distinct phases (short, medium and long-term, respectively) that gradually lead the RMON towards the Net- Zero target. Each phase is designed to strategically build upon the previous one, ensuring that impactful changes are made without overburdening financial resources. By focusing initially on cost-saving opportunities and policy development, a strong foundation is formed for the eventual capital investments needed to achieve deeper levels of decarbonization. Note: Cost ($ to $$$) and GHG Impact (LOW to HIGH) included in Tables 7 to 9 are for relative comparison. Additional details related to these metrics for those “Project” type actions (that directly impact GHG emissions) can be found in Appendix A. PDS 11-2025 Appendix 2 Page 488 of 596 Table 7: Short-term (0-5 years) – Foundational Policy Development and Strategic Investments Action Description Type Project Ref.1 Timing GHG Impact Cost Lead Responsibility Current Priority Njagara9/I/ Region II Growi.ng.1 Better M1 Together Complete a comprehensive review of existing policies and adjust (as necessary) to prioritize sustainability and integrate climate action: • Integrate CCAP with strategic and asset management planning to minimize conflicts and promote synergy • Align service delivery with climate objectives, reducing carbon emissions Policy N/A Immediate N/A Internal Resourcing Climate Change Team HIGH Begin fuel-switching naturalgas heating assets (at end-of-life) in buildings and WWW to low carbon sources (such as heat pumps) per the 2024-2028 CDMP Project B-8 W-3 Ongoing HIGH $$$ Energy Management, WWW HIGH Implement a decarbonization project assessment policy that: • Prioritizes life-cycle costing (LCC) • Consider provincial and federal legislation Policy N/A Immediate N/A Internal Resourcing Public Works and Corporate Services HIGH 1 See Appendix A for the referenced project examples. PDS 11-2025 Appendix 2 Page 489 of 596 Action Description Type Project Ref.1 Timing GHG Impact Cost Lead Responsibility Current Priority • Explores alternative financial models, such as a revolving energy fund Apply a Climate Lens to align investment decisions with climate action goals through: • Evaluating the weighting of decarbonization projects within CAMRA • Considering both quantitative financial benefits and qualitative Policy N/A Immediate N/A Internal Resourcing Climate Change Team, Asset Management HIGH benefits (public health, biodiversity, resilience) to prioritize projects • Assigning an internal “cost of carbon” to contextualize qualitative benefits Perform a review of internal resources to ensure appropriate resourcing for climate action efforts with dedicated personnel and within departmental teams • Maintain APSC or develop another diverse group with interdepartmental Process N/A Immediate and Ongoing N/A Internal Resourcing Climate Change Team, Human Resources MED representation • Plan for appropriate resources, including expertise in climate initiatives and PDS 11-2025 Appendix 2 Page 490 of 596 Action Description Type Project Ref.1 Timing GHG Impact Cost Lead Responsibility Current Priority comprehensive training for existing staff • Partner with external experts, consultants as needed Implement a sustainable procurement policy prioritizing sustainable good or products Policy N/A Future N/A Internal Resourcing Procurement, Waste Management MED Secure top-down support and buy-in for the CCAP by: • Engaging senior management and political leaders for authority and resources • Demonstrating Corporate prioritization of climate action Process N/A Immediate and Ongoing N/A Internal Resourcing Council, Senior Leadership HIGH Develop a Corporate climate change engagement,education, and awareness plan to cultivate a culture that values sustainability: • Encourage and empower staff to contribute ideas and initiatives • Recognize and celebrate achievements in sustainability to reinforce commitment • Embrace flexibility, learning, and inclusivity Plan N/A Immediate and Ongoing N/A Internal Resourcing Climate Change Team, Waste Management, Energy Management HIGH PDS 11-2025 Appendix 2 Page 491 of 596 Action Description Type Project Ref.1 Timing GHG Impact Cost Lead Responsibility Current Priority Njagara9/I/ Region II Growi.ng.1 Better M1 Together Implement policy to investigate the prevention oflike-for-like replacement ofnatural gas assets at end of life Policy N/A Immediate N/A Internal Resourcing Energy Management, WWW, Asset Management HIGH Implement policy for Net-Zero requirement for all new constructed Regional buildings Policy N/A Immediate N/A Internal Resourcing Climate Change Team, Energy Management, Asset Management HIGH Complete low/no-cost energy efficiency projects Project B-1 B-2 B-3 Immediate LOW $ Energy Management, WWW HIGH Enact a policy and providetraining to reduce Fleet emissions through: • Driver education program • Idle reduction policy/implementation of auto shutoff technologies • Advanced route planning • Vehicle right-sizing checklist Policy F-1 Immediate N/A Internal Resourcing Fleet MED Complete Green Fleet Plan and Policy (GFPP) Policy N/A Immediate N/A Internal Resourcing Fleet, Economic Development HIGH Electrify (to hybrid or fullyelectric) light-duty fleet vehicles Project F-2 Immediate HIGH $$ Fleet HIGH Develop a unified policy/procedure (betweenWaste Management and Facilities) to collect solid Policy N/A Immediate N/A Internal Resourcing Waste Management, Facilities HIGH PDS 11-2025 Appendix 2 Page 492 of 596 Action Description Type Project Ref.1 Timing GHG Impact Cost Lead Responsibility Current Priority Njagara9/I/ Region II Growi.ng.1 Better M1 Together waste data for future inventories and track reduction progress Conduct regular waste audits to identify the types and volumes of waste generated. Leverage data to identify areas for improvement Process O-1 Ongoing N/A Internal Resourcing Waste Management, Facilities MED Develop a waste reductionplan to influence behaviour and raise awareness about its CCAP importance: • Set facility waste reduction targets and assign responsibility • Provide ongoing training on proper waste management practices Plan O-2 Ongoing/ Immediate N/A Internal Resourcing Waste Management, Facilities MED Annual Update of GHG Inventory Process N/A Future N/A $/Internal Resourcing Climate Change Team MED PDS 11-2025 Appendix 2 Page 493 of 596 47 Table 8: Medium-term (5-15 years) – Policy and Process with Initial Capital Investments Action Description Type Project Ref. Timing GHG Impact Cost Lead Responsibility Current Priority Investigate potential partnerships with other municipalities and organizations to pool resources, share costs, access larger funding opportunities, and exchange knowledge and best practices Process N/A Immediate N/A Internal Resourcing Climate Change Team MED Stay current on decarbonization technologies by: • Performing market research • Collaborating with research institutions and industry experts to exchange information and insights • Attending conferences, workshops, and seminars focused on energy and sustainability innovations Process N/A Ongoing N/A Internal Resourcing Climate Change Team, Energy Management, WWW, Fleet, Economic Development LOW Create a process for and identify pilot small-scale decarbonization projects to: • Gain insights into operational, technical, and financial aspects • Identify specific hurdles such as infrastructure requirements etc. Process N/A Ongoing N/A Internal Resourcing Energy Management, Fleet, WWW, Urban Design LOW PDS 11-2025 Appendix 2 Page 494 of 596 48 Action Description Type Project Ref. Timing GHG Impact Cost Lead Responsibility Current Priority • Collect real-world data and staff feedback to inform planning, budgeting, and scaling strategies • Build confidence and pave the way for wider acceptance and adoption of decarbonization measures Complete capital energy efficiency projects Project B-4 B-5 B-6 B-7 W-2 W-4 W-5 W-6 L-1 L-2 Future MED $$ Energy Management, WWW MED Electrify or de-carbonize fleet Project F-3 Future HIGH $$$ Fleet LOW Review policies for energy management at leased facilities Policy N/A Immediate N/A Internal Resourcing Energy Management MED Evaluate opportunities for building consolidation Policy N/A Immediate N/A Internal Resourcing Asset Management MED Complete 5-year CCAP updates Process N/A Future N/A $$/Internal Resourcing Climate Change Team LOW PDS 11-2025 Appendix 2 Page 495 of 596 Table 9: Long-term (15+ years) – Intensive Capital Investment and Tackling the Balance Action Description Type Project Ref. Timing GHG Impact Cost Lead Current Responsibility Priority Complete capital-intensive energy efficiency and generation projects Project B-9 W-1 W-7 Future MED $$$ Energy Management, WWW LOW Substitute the use of natural gas with low-carbon fuels (biogas/RNG) for WWW process Project W-8 W-9 Future HIGH $$$ WWW LOW heating Investigate and evaluate methods for tackling “last-mile” emissions: Climate Change Team, • Renewable energy credits • Carbon offsets • Carbon storage and sequestration Process N/A Future MED $$$ Energy Management, WWW, Fleet LOW Revisit and refine existing plans and policies in support of the CCAP Policy N/A Future N/A Internal Resourcing Climate Change Team LOW Niagara9/I/ Region la,Jj1· Growing Better M1 Together 49 PDS 11-2025 Appendix 2 Page 496 of 596 50 Cost to Decarbonize The costs of achieving our GHG reduction goals will be embedded into ongoing operations, ensuring a financially responsible approach to decarbonization. Rather than requiring a separate budget, these investments will be integrated into existing capital projects through asset renewal, end-of-life replacements, and asset management processes. Initiatives from the CDMP will be brought forward through the annual budget process with business case analysis, evaluating GHG reduction impacts, life-cycle costs, and associated benefits. By aligning projects with planned upgrades and end-of- life replacements, additional financial impact can be minimized while maximizing efficiency. Projects will also go through the CAMRA process to ensure strategic investment and prioritization. Through a collaborative, cross-departmental approach, external funding opportunities will be sought after to offset costs and enhance financial viability. Further, aligning our efforts with other master plans will ensure consistency across initiatives and provide further benefits, such as streamlined processes, enhanced coordination, and a unified approach to long-term planning. This will also help optimize resource allocation and ensure that GHG reduction goals are integrated into broader community and organizational objectives. Providing a precise cost estimate for a 25-year plan is inherently challenging due to numerous unpredictable factors. Rapid advancements in technology, fluctuations in energy prices, shifts in government policies, regulatory changes, and evolving market conditions all impact project feasibility and costs. Additionally, the availability of external funding sources, such as federal and provincial grants, will vary over time. These uncertainties make it impractical to define an exact financial commitment. Instead, this plan is designed to be adaptive, integrating climate action within ongoing operations while remaining flexible to emerging opportunities and changing economic conditions. Some costing estimates and further details are available in the approved 2024-2028 CDMP. Additionally, the upcoming GHG Reduction Feasibility and Pathway Studies will provide insights into site-specific costs and impacts as we continue toward the Net-Zero target. Collectively, the CCAP is not a standalone initiative but an integrated strategy that embeds climate action within core operations, balancing emissions reductions with responsible fiscal planning. Operational Costs The Net-Zero Strategy’s primary drivers of emissions reductions (aligning with the Guiding Pillars of Decarbonization) each impact operational costs differently: • Efficiency: Projects reduce operational costs by reducing energy consumption. PDS 11-2025 Appendix 2 Page 497 of 596 51 • Electrification: o Buildings and WWW: Air-source heat pumps increase short-term costs. Heat pumps are more efficient, but electricity is currently more expensive than natural gas. Long-term costs may break even due to rising natural gas prices from the Federal Carbon Charge. Ground-source/geothermal systems are significantly more efficient at low temperatures but have much higher capital costs. o Fleet Vehicles: Electrification decreases operational costs since driving via electricity is cheaper than gasoline or diesel. A recent Canadian study found 95% of electric vehicles have lower total ownership costs than comparable gasoline vehicles. • Green Energy: Projects like solar photovoltaic systems reduce operational costs by producing free energy, offsetting utility energy purchases. Measurement and Evaluation Plan A plan to continuously measure and evaluate progress towards the Net-Zero goal is critical to keeping the CCAP actions on track and achieving the expected emissions reductions. Specific departmental responsibilities are essential, as each department contributes uniquely to these goals. While departmental KPIs (e.g., Water and Wastewater emissions per megalitre of treated flow) provide context, the short and long- term goals focus on absolute emissions reductions. Therefore, progress must be tracked based on total emissions without normalization. Table 10 provides an overview of the RMON’s two main commitments for the measurement and evaluation of progress – formal GHG inventory updates and interim tracking via annual reviews between those formal inventories. Each department has their own responsibilities and is committed to providing the data necessary to accurately quantify emissions and track progress. Action Process/Outcome Frequency Data Required Update of GHG Inventory • Formal GHG Inventory update following PCP Protocol • Outcome: an inventory report which outlines emissions from all sources and compares to 2018 Every 5 years • Electricity and natural gas data for all Corporate buildings (including Housing, Long Term Care) • Electricity and natural gas data for all Water and Wastewater plants and pumping stations PDS 11-2025 Appendix 2 Page 498 of 596 52 Action Process/Outcome Frequency Data Required levels as well as the short-term goals established • Operational Waste data for all Corporate buildings • Vehicle fuel consumption for all fleet vehicles Interim Reviews • Department-specific reviews of progress in between formal GHG Inventory updates • Data to be fed into a common platform • Outcomes are numerical/graphical representations of annual emissions results for departments to compare against 2018 baseline and short-term goals established Annually • Same as above for 5-year formal GHG Inventory updates Table 10 - Measurement and Evaluation Actions Performing annual reviews ensures departments stay on track towards short-term targets and allow for time to reevaluate or pivot. They also serve as reminders of the targets and promote continuity/continued momentum if resourcing in departments change. Finally, they make data collection routine so that provision of data for future inventories is streamlined. With the benefits of annual reviews come one major challenge: resourcing constraints for data collection and calculations. To overcome this, the RMON will investigate new carbon accounting software to assist in automating some of these tasks and to compile data on a common platform. The RMON will also investigate the feasibility of leveraging software that is currently being used for these purposes. PDS 11-2025 Appendix 2 Page 499 of 596 53 Comprehensive Perspectives: Beyond Decarbonization The Role of DEI Diversity, Equity and Inclusion (DEI) is central to the RMON. From establishing a DEI Advisory Committee to working with community members to develop the DEI Action Plan for 2023-2027, the RMON is committed to advancing equity, building welcoming and inclusive communities and workplaces, while eliminating barriers and forms of discrimination. The RMON has a Corporate commitment to DEI and through this example is leading the way for more inclusive Community climate action in the future. What the RMON does as an organization can also affect the wider community. Understanding this, the RMON considers how actions might impact communities right from the start of the planning process. This process ensures that the RMON is making a positive contribution to their well-being and the environment. The RMON understands that a robust CCAP must go hand in hand with a commitment to DEI. From a Corporate perspective, the RMON’s approach to addressing climate challenges is rooted in the belief that a diverse and inclusive workplace fosters innovative, resilient, and sustainable solutions. The significance of DEI in this regard is two-fold: • Diversity is not only a source of strength but a critical factor in an organization’s ability to confront climate change effectively. A commitment to inclusivity ensures that the perspectives, experiences, and unique insights of the RMON’s diverse team shape climate strategies. • The decarbonization actions described in this CCAP, as well as climate change, may have varying effects on different communities and individuals. The CCAP acknowledges these potential disparities and aims to consider diverse impacts, striving to enhance positive outcomes where possible. There are several facets of the CCAP strategy that combine to meet the above goals: 1. Diverse Team Engagement: The RMON actively engages with staff, valuing their input and leveraging their diverse perspectives to inform strategies for decarbonization and resilience. Forums for dialogue are created through the Climate Change Working Group and Action Plan Sub-Committee, providing opportunities for a variety of perspectives in the decision-making process. 2. Decarbonization Action Engagement: The RMON recognizes that actions to decarbonize may have noticeable impacts to individuals close to those projects. As an example, upgrading a lighting system can enhance productivity and PDS 11-2025 Appendix 2 Page 500 of 596 54 comfort for staff and building occupants. However, this upgrade can also negatively impact individuals with specific sensory sensitivities or visual impairments (through changes in lighting intensity or color temperature). In the planning stage of these projects, the RMON will ensure appropriate engagement (with RMON staff, customers, the community) and exercise careful consideration to ensure that compromises and disadvantages are minimized. This approach aligns with DEI principles by recognizing and valuing the diverse requirements of all and striking an appropriate balance between the RMON’s decarbonization commitments and the well-being of those influenced by the actions. 3. Equitable Resource Allocation: Resources are allocated thoughtfully, considering the unique needs and vulnerabilities of different departments or teams. The RMON will prioritize investments that are fiscally responsible, promote resilience and ensure that benefits are distributed equitably. 4. Accessible Information and Support: The RMON’s communication strategies are inclusive and accessible, aligning with the guidelines in the Accessibility for Ontarians with Disabilities Act (AODA) to ensure effective information dissemination to the RMON team and the public. Various mediums are utilized to cater to diverse preferences and needs. The RMON’s digital platforms are optimized for accessibility, featuring screen reader compatibility and alternative text for images, and public information is made accessible across multiple channels. Internally, the RMON strives to provide all team members with access to information and support, fostering an inclusive environment that enhances the team’s collective ability to address climate change effectively. 5. Diversity in Leadership: The RMON actively promotes diverse representation in leadership roles, recognizing that diverse perspectives at the top drive innovative climate strategies and ensure inclusivity in decision-making processes. Through a commitment to DEI the RMON is not just positively influencing the organization’s carbon footprint but also fostering an environment where every employee feels valued, included, and empowered to contribute to the organization’s collective climate goals. Climate Change Adaptation and Resiliency Climate change effects are already impacting the RMON and its communities. So, while the RMON strives to meet the Net-Zero goal through the CCAP's strategies, the organization must also plan for climate change resilience and adaptability in both short and long-term decisions. This involves adjusting to more frequent extreme weather events, to minimize potential harm to ecosystems, societies, and economies. Resilience means building the capacity to withstand and recover from these impacts to ensure sustainability and well-being. PDS 11-2025 Appendix 2 Page 501 of 596 55 Land use planning is crucial for reducing human, environmental, and financial risks associated with climate change. Efforts to increase resiliency are essential for reducing the effects of extreme weather events. Emergency and disaster management, along with public health initiatives, are critical for preparedness. Climate change significantly affects human health through heat stress, disease spread, and air quality. This makes public health an important consideration for mitigation and adaptation policies, especially for vulnerable populations. The RMON plans to lead by example through the CCAP and support wider community efforts in an upcoming Community Climate Change Action Plan. To that end, seven of the RMON facilities are LEED (Leadership in Energy and Environmental Design) Silver certified, demonstrating the organization’s commitment to efficient, sustainable, and resilient green buildings. LEED certification credits include measures like protecting natural habitats, rainwater management, and heat island reduction, which has been achieved in several current facilities. The RMON is not only assessing LEED certification for existing buildings through the Building Operations and Maintenance stream but has also implemented backup generators at all EMS bases to ensure service continuity. Public Health is conducting a Climate Change and Health Vulnerability Assessment for the Niagara Region. Completion of this study is expected by mid/end of 2025. It will identify serious health hazards from climate change. This assessment will guide resource allocation to reduce health risks and improve outcomes. Figure 13 outlines the indicators reviewed in this assessment. Figure 13 - Climate Change and Health Vulnerability Assessment Indicators Additionally, Public Health is conducting Health Impact Assessments (HIA) on qualifying projects. The initiation of an HIA is tied to the risk categories the RMON considers in the PDS 11-2025 Appendix 2 Page 502 of 596 56 capital allocation planning system. Integrating the results of the HIAs into future CCAP updates would offer several benefits including: • informed decision-making that prioritizes health and well-being • enhanced employee productivity through better workplace environments • improved community relations by addressing local health concerns • thoughtful alignment of service delivery with health and environmental considerations The RMON’s WWW teams are prioritizing climate change resiliency and adaptation by following the EnvisionTM Sustainable Infrastructure Framework for new site designs. Key sections of the framework include the Natural World and Climate and Resilience, awarding points for protecting the environment, managing stormwater, and assessing climate vulnerabilities and risks to maximize site resilience. The new South Niagara Wastewater Treatment Plant will undergo EnvisionTM pre-assessment and verification. As previously mentioned, additional details regarding the RMON’s plans for climate change adaptation and resiliency will be outlined in the RMON’s upcoming Community Climate Action plan. Putting it All Together This Corporate Climate Change Action Plan is a comprehensive framework aimed at achieving Net-Zero Corporate greenhouse gas emissions by 2050. This plan focuses on strategy and policy enablers that will facilitate the implementation of decarbonization actions across the RMON’s various emissions sectors. By prioritizing efficiency, waste management, electrification, and green energy, the RMON is setting the foundation for a sustainable future. The RMON is committed to integrating climate resiliency and adaptation into planning processes to ensure that infrastructure and services remain robust in the face of changing climate conditions. Through continuous review and alignment with evolving environmental policies, the CCAP remains a dynamic and effective guide. This approach reflects the RMON’s dedication to sustainability, resilience, and the well-being of the Niagara Region. PDS 11-2025 Appendix 2 Page 503 of 596 57 Appendices Appendix A – Technical Decarbonization Project List Legend: Cost Implications (Capital) GHG Reduction Potential (tCO2e/year) $: < $10,000 $$: > $10,000 to < $100,000 $$$: > $100,000 N/A: Estimation not available or applicable LOW: < 5 tCO2e MEDIUM: > 5 < 30 tCO2e HIGH: ≥ 30 tCO2e N/A: Estimation not available or applicable PDS 11-2025 Appendix 2 Page 504 of 596 58 ID Sector Measure Cost18 GHG Reduction Potential Priority B-1 Buildings Retrofit lighting to LED $$ LOW LOW B-2 Buildings Implement smart lighting controls $ LOW LOW B-3 Buildings Use thermostat setbacks during unoccupied times $ LOW LOW B-4 Buildings Implement Building Automation Systems for HVAC, lighting $$ MEDIUM MEDIUM B-5 Buildings Building envelope enhancements (windows, insulation, leak sealing) $$$ LOW LOW B-6 Buildings Heat/energy recovery ventilation in buildings $$ MEDIUM MEDIUM B-7 Buildings Install high-efficiency, condensing natural gas boilers and advanced thermostat controls $$ LOW MEDIUM B-8 Buildings Transition natural gas-fired space and water heating systems to electric GSHP and ASHP technologies $$$ HIGH HIGH B-9 Buildings Integration of solar PV in buildings $$$ LOW MEDIUM W-1 WWW Process heat recovery in WWW $$ HIGH HIGH W-2 WWW Install high-efficiency natural gas condensing water heaters $$ LOW MEDIUM W-3 WWW Transition natural gas-fired water heating systems to electric GSHP and ASHP technologies $$ HIGH HIGH W-4 WWW Ensure right sizing of pumps/pump motors through audits and data analysis $$ MEDIUM LOW 18 The Cost and Estimated GHG Reduction Potential for Decarbonization Measures/Actions for the Buildings/Fleet/WWW sectors are reflective of per-unit upgrades (i.e. one facility, one vehicle). Cost and GHG metrics will also vary based on other factors (e.g. size of facility). PDS 11-2025 Appendix 2 Page 505 of 596 59 ID Sector Measure Cost18 GHG Reduction Potential Priority W-5 WWW Use premium efficiency motors/high efficiency turbo blower technologies $$ MEDIUM LOW W-6 WWW Implement variable frequency drives where feasible on pumps and blowers $$ MEDIUM LOW W-7 WWW Implement advanced aeration blower controls at wastewater plants $$$ HIGH LOW W-8 WWW Harness and utilize biogas to supplement/offset natural gas consumption for process heating, space heating as well as potential cogeneration $$$ HIGH HIGH W-9 WWW Leverage RNG (in place of natural gas) for anaerobic digestion processes $$$ HIGH HIGH F-1 Fleet Driver education, idle reduction policy/auto shutoff technologies, vehicle right-sizing, route planning, advanced fleet management systems, employ ePTOs $$ MEDIUM MEDIUM F-2 Fleet Light-duty fleet electrification $$ MEDIUM HIGH F-3 Fleet Medium and heavy-duty fleet electrification $$$ HIGH LOW L-1 Outdoor Lighting and Traffic Signals Replace remaining warning beacons with solar alternatives $$$ LOW LOW L-2 Outdoor Lighting and Traffic Signals Investigate adaptive/smart lighting controls $$$ MEDIUM LOW O-1 Operational Waste Conduct regular waste audits to identify the types and volumes of waste generated $ N/A MEDIUM PDS 11-2025 Appendix 2 Page 506 of 596 60 ID Sector Measure Cost18 GHG Reduction Potential Priority O-2 Operational Waste General behavioural: • Maintain accessible, clearly labeled recycling programs • Set specific waste reduction targets and assign responsibility • Monitor and regularly report progress towards waste reduction targets • Provide ongoing training on proper waste management practices • Raise awareness of the importance of waste reduction for Net-Zero goals • Encourage composting and use of composted materials • Foster friendly competition to incentivize waste reduction efforts $$ MEDIUM MEDIUM Table 11 - Decarbonization Action List (Full) PDS 11-2025 Appendix 2 Page 507 of 596 61 Appendix B – Potential Funding Sources Funding Source/Program Name Funding Entity Program Description Funding Amount Green Municipal Fund FCM Funding to implement studies and capital projects at Milestone 4. Several funding streams available Both loans and grant funding that vary based on project. Zero Emissions Vehicle Infrastructure Program (ZEVIP) Natural Resources Canada (NRCan) Funding towards the deployment of electric vehicle (EV) chargers (Level 2 and 3) and hydrogen refuelling stations across Canada. It operates on an annual calendar of application windows. Up to 50% of project costs. Max funding amount: Level 2: $5000/connector Level 3: $75,000/connector Save On Energy - Instant Discounts Program IESO Instant, point-of-sale discounts available for a variety of lighting products. Ranges from $2/unit for T5 LED tubes to $140/unit for high-lumen LED Highbay fixtures Save On Energy - Retrofit Programi IESO Provides prescriptive and custom (based on energy and demand savings) incentives for a variety of electricity reduction measures (lighting, HVAC, motors, compressed air, VFDs) Custom incentives: the higher of $1200/kW or $0.13/kWh of savings. Prescriptive incentives vary based on measure type, size, application. Some incentive caps apply. Save On Energy - Energy IESO Rewards organizations on a pay-for-performance basis for electricity reductions over a number of years. Some restrictions on eligible facilities apply. $0.04/kWh and $50/kW of Summer Peak Demand Savings, PDS 11-2025 Appendix 2 Page 508 of 596 62 Funding Source/Program Name Funding Entity Program Description Funding Amount Performance Program capped at 20% of Baseline values. Incentives for Zero-Emission Vehicles (iZEV and iMHZEV) Transport Canada Point of sale incentives for the purchase or lease of eligible vehicles which range from light to heavy-duty battery-electric, plug-in hybrid and hydrogen fuel cell vehicles. Range:low as $625 for a 12-month lease of a light-duty plug-in hybrid vehicle to $200,000 for the purchase of certain heavy-duty zero-emission vehicles. Enbridge Natural Gas Efficiency Programs Enbridge A range of prescriptive and custom programs providing incentives to for upgrading to energy-efficient natural gas equipment (e.g. boilers, MUA units, energy recovery ventilators). Specific programs for affordable housing and multi-unit residential buildings. Funding also available for on-site energy assessments in some circumstances. Range based on equipment type, size and application. Enbridge Energy Solutions Advisors are available to consult with. Low Carbon Economy Fund (LCEF) Government of Canada Provides financial support for organizations to implement large GHG reduction projects and employ low-carbon technologies. Competitive program with the most successful project types being: • Waste diversion • Biomass retrofits • Industrial retrofits • Anaerobic digesters • Waste heat recovery • HVAC system retrofits Applicants may request from $1-25M in funding. Max cost-share specific to municipalities is 50%, therefore an eligible project must have expenditures (project costs) >$2M. PDS 11-2025 Appendix 2 Page 509 of 596 63 Funding Source/Program Name Funding Entity Program Description Funding Amount • Carbon capture and utilization • District energy system upgrades Save On Energy – Industrial Energy Efficiency Program IESO Merit-based program that supports customers across Ontario in improving their industrial processes and implementing system optimization projects. Minimum 2,000MWh electricity savings is required. Up to $5 million in incentives for each project, capped at 75% of eligible project costs. Canadian Infrastructure Bank – Green Infrastructure Programs Canadian Infrastructure Bank, in partnership with SOFIAC Provides financing to reduce investment barriers and decarbonize buildings. Offers a team of experts that work with the public and private sector as well as other market participants to modernize and improve the energy efficiency of existing buildings. Varies based on project Table 12 - Potential Funding Sources Appendix C – Regulatory Review Framework The CCAP is a Living Document that requires systematic reviews to adapt to evolving climate and energy regulations. Continuous monitoring will also identify changes and inform adjustments. Inclusive engagement is important to align strategies with updated regulations, foster transparency, compliance and departmental accountability. Finally, regular reviews and thorough documentation ensure ongoing alignment with policy and demonstrate the RMON’s commitment to continuous improvement. Table steps through the RMON’s 8-step, systematic Regulatory Review Framework, which will be led by the Climate Change team, and the Steering Committee once established. PDS 11-2025 Appendix 2 Page 510 of 596 64 Step Process(es) Regulatory Monitoring • Continuously monitor federal and provincial climate-related acts, policies, and legislation. Regular Updates and Alerts • Ensure that climate change, energy and sustainability related groups receive regular updates and alerts on changes or new regulations related to climate change. Impact Assessment and Analysis • Evaluate the effects of regulatory changes on the existing CCAP. • Identify areas requiring adaptation or alignment for compliance. • Organize changes by impact (low/medium/high) and time horizon criticality (immediate/1-5 years/5+ years). Staff Engagement • Collaborate to discuss implications of regulatory changes and develop strategies for CCAP integration. Plan Adjustment and Alignment • Modify the plan to ensure alignment with updated regulations. • Document revisions and rationale for transparency. Implementation and Training • Communicate revised plan and provide necessary training for understanding and compliance. Periodic Review and Audits • Establish scheduled reviews to compare the plan against evolving regulatory standards. • Allow for timely adjustments. Documentation and Reporting • Maintain detailed records of compliance reviews (timing, depth), modifications (tracked changes), and training (methods, attendees). • Prepare regular reports to Council showcasing compliance efforts and improvements. Table 13 - Regulatory Review Framework PDS 11-2025 Appendix 2 Page 511 of 596 65 i The Niagara Region has been identified by the IESO as an area where electricity constraints exist. As a result, regional incentive adders (incremental to base incentives) have been made available in some jurisdictions within Niagara to further encourage update in the Retrofit program. PDS 11-2025 Appendix 2 Page 512 of 596 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 May 26, 2025 CL 8-2025, May 22, 2025 PWC 5-2025, May 6, 2025 PW 20-2025, May 6, 2025 Ministry of the Environment, Conservation and Parks Local Area Municipalities SENT ELECTRONICALLY 2024 Reserve Water and Wastewater Treatment Capacities PW 20-2025 Regional Council, at its meeting held on May 22, 2025, passed the following recommendation of its Public Works Committee: That Report PW 20-2025, dated May 6, 2025, respecting 2024 Reserve Water and Wastewater Treatment Capacities, BE RECEIVED for information and BE CIRCULATED to the Ministry of the Environment, Conservation and Parks and Local Area Municipalities. A copy of Report PW 20-2025 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2025-053 cc: I. Stetic, Manager, W-WW Infrastructure Planning T. Ricketts, Commissioner, Public Works N.Coffer, Executive Assistant to the Chief Administrative Officer Page 513 of 596 PW 20-2025 May 6, 2025 Page 1 Subject: 2024 Reserve Water and Wastewater Treatment Capacities Report to: Public Works Committee Report date: Tuesday, May 6, 2025 Recommendations 1.That Report PW 20-2025 BE RECEIVED for information; and 2.That Report PW 20-2025 BE CIRCULATED to the Ministry of the Environment, Conservation and Parks and Local Area Municipalities. Key Facts •The purpose of this report is to inform Council about the reserve treatment capacities at Niagara Region's Water and Wastewater Treatment Plants. This desktop analysis is required by the Ministry of Environment, Conservation and Parks (MECP). •The data contained in this report contributes to the review of new development proposals and related servicing, as well as long-term planning for future treatment capacity. •The results of this capacity assessment indicate that all of Niagara Region's Water Treatment Plants (WTPs) and Wastewater Treatment Plants (WWTPs) have sufficient capacity to accommodate growth beyond the minimum 10-year planning horizon. •This conclusion is based on the Region’s current infrastructure plan, which includes the construction of the new South Niagara Wastewater Treatment Plant to expand overall capacity. •The assessment also assumes that existing treatment facilities will be maintained or refurbished as needed to remain fully operational. •Additionally, the analysis is based on design capacity, and does not account for the impact of wet weather flows. Peak wet weather conditions may limit sanitary sewer capacity. As such, ongoing efforts to reduce wet weather flows are critical to supporting future development. •The Region’s Master Servicing Plan builds upon the MECP desktop analysis by incorporating relevant local factors, including wet weather impacts, to provide a more comprehensive, real-world assessment of capacity. Page 514 of 596 PW 20-2025 May 6, 2025 Page 2 Financial Considerations There are no direct financial implications related to this report. Analysis Annual Wastewater Treatment Capacity Report Required by MECP The purpose of this report is to inform Council of the reserve treatment capacities at Niagara Region's Water and Wastewater Treatment Plants. This reporting is required by the Ministry of Environment, Conservation and Parks (MECP) and is intended to highlight potential capacity constraints to help municipalities plan for infrastructure projects needed to service anticipated growth. This desktop exercise follows a specific methodology established by the MECP, which involves comparing five-year average flows to the respective MECP Environmental Compliance Approval(s), formerly known as Certificate of Approval(s) for each facility. It then incorporates 10-year growth forecasts from the most recent MSP into the analysis. This methodology reflects the Region’s current infrastructure plan, which includes the construction of the new South Niagara Wastewater Treatment Plant to expand overall capacity. It also assumes that existing treatment facilities will be maintained or upgraded as needed to remain fully operational. Additionally, the assessment is based on design capacity and does not account for the impact of wet weather flows. The Region’s Master Servicing Plan builds on the MECP analysis by incorporating wet weather flow impacts, as well as phasing and staging strategy work with the Region’s local municipal partners to fully define development capacity needs. All Plants have 10 Year+ Available Design Capacity The results of this desktop average flow capacity assessment indicate that the design capacity of all Niagara Region Water Treatment Plants (WTPs) and Wastewater Treatment Plants (WWTPs) is sufficient to accommodate growth beyond the minimum 10-year planning horizon. Appendices 1 and 2 provide annual average daily flows and five-year average flows from 2020 to 2024 for the water and wastewater treatment plants, respectively. Appendices 3 and 4 provide a summary of Niagara’s six (6) water treatment facilities and 11 wastewater treatment facilities presenting their respective reserve capacities. Page 515 of 596 PW 20-2025 May 6, 2025 Page 3 The reserve capacity calculations are based on the Region’s official long-range population and employment forecasts. It is important to note that actual growth rates in recent years have exceeded these forecasts. Because higher-than-expected growth can impact the accuracy of this desktop exercise, Regional staff will review growth trends annually and adjust the forecasted growth rates used in reserve capacity calculations as needed. Risks that Reduce Available Treatment Capacity It is important to note that the results of this capacity assessment, calculated according to MECP requirements, do not fully reflect real-world operating conditions. The assessment assumes dry weather flows, no constraints within the conveyance system, and that all existing equipment is properly maintained. In practice, precipitation—particularly rainwater—can reduce the available capacity of municipal wastewater systems. Because rainwater does not require the same level of treatment as sewage, it should be directed to the stormwater system. However, when rainwater enters the sanitary collection system, it consumes capacity intended for sewage and future growth. As such, ongoing efforts to reduce wet weather flows are essential to alleviating system limitations and enabling future development. Additionally, this assessment does not account for operational deficiencies or risks related to the condition of existing assets at treatment plants or within trunk conveyance and transmission systems. While not addressed in detail in this report, infrastructure failures could significantly impact the Region’s ability to support new development or permit servicing extensions. Alternatives Reviewed No alternatives were reviewed as this report is a requirement of the MECP. Relationship to Council Strategic Priorities The report aligns directly with Council’s Priority of Responsible Growth and Infrastructure Planning by forecasting the reserve capacity available for growth at all Regional Water and Wastewater Treatment Facilities. By understanding reserve capacity, the Region can better plan infrastructure needed for growth. The report also provides MECP and local municipal partners operational summary and reserve capacity projections for Region’s Water and Wastewater Treatment facilities. Page 516 of 596 PW 20-2025 May 6, 2025 Page 4 Other Pertinent Reports PDS 16-2024, May 8, 2024, 2023 Reserve Water and Wastewater Treatment Capacities (https://pub- niagararegion.escribemeetings.com/Meeting.aspx?Id=b480eb56-6bb4-466f-982d- 31237205b6be&Agenda=Merged&lang=English&Item=16&Tab=attachments) ________________________________ Prepared by: Ilija Stetic, B.Sc, PMP, CET Manager W-WW Infrastructure Planning Public Works Department _______________________________ Recommended by: Terry Ricketts, P.Eng. Commissioner of Public Works Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Susan Dunsmore, Acting Director of Infrastructure Planning and Development Engineering. Appendices Appendix 1 Annual Average Daily Flow 2020 to 2024 WTP Appendix 2 Annual Average Daily Flow 2020 to 2024 WWTP Appendix 3 Water Reserve Capacity Calculations for 2024 Appendix 4 Wastewater Reserve Capacity Calculations for 2024 Page 517 of 596 PW 20-2025 Appendix 1 Appendix 1: Water Treatment Plant Annual Average Daily Flow 2020 - 2024 Water Treatment Plant (WTP) Rated Capacity (m3/d) 2020 Average Daily Flow (m3/d) 2021 Average Daily Flow (m3/d) 2022 Average Daily Flow (m3/d) 2023 Average Daily Flow (m3/d) 2024 Average Daily Flow (m3/d) 5 Year Average 2020 / 24 3 Year Average 2022 / 24 Decew Falls WTP 227,300 53,390 50,824 52,970 52,830 56,714 53,346 52,900 Grimsby WTP 44,000 15,726 14,872 14,809 14,610 14,814 14,966 14,709 Niagara Falls WTP 145,584 40,145 40,125 42,164 43,050 43,228 41,742 42,607 Port Colborne WTP 36,000 6,870 6,387 6,953 8,310 8,014 7,307 7,631 Rosehill WTP 50,026 11,024 11,710 13,025 12,710 12,540 12,202 12,868 Welland WTP 65,000 24,670 24,675 24,162 24,100 24,860 24,493 24,131 Page 518 of 596 PW 20-2025 Appendix 2 Appendix 2: Wastewater Treatment Plant Annual Average Daily Flow 2020 - 2024 Wastewater Treatment Plant (WWTP) Rated Capacity (m³/d) 2020 Average Daily Flow (m3/d) 2021 Average Daily Flow (m3/d) 2022 Average Daily Flow (m3/d) 2023 Average Daily Flow (m3/d) 2024 Average Daily Flow (m3/d) 5 Year Average 2020 / 24 3 Year Average 2022 / 24 Anger Avenue WWTP 24,500 15,146 13,580 13,171 12,992 12,084 13,395 12,749 Baker Road WWTP 31,280 20,910 17,952 17,081 23,700 22,100 20,348 20,960 Crystal Beach WWTP 9,100 6,276 5,688 5,256 5,423 4,865 5,501 5,181 Niagara Falls WWTP 68,300 41,360 35,242 35,197 42,902 41,748 39,290 39,949 NOTL WWTP 8,000 5,237 5,142 5,602 6,823 6,217 5,804 6,214 Port Dalhousie WWTP 61,350 36,681 34,113 31,793 29,176 27,416 31,836 29,462 Port Weller WWTP 56,180 39,211 33,751 33,176 38,024 36,429 36,118 35,876 Queenston WWTP 500 213 135 142 225 175 178 181 Seaway WWTP 19,600 13,472 11,299 10,200 11,391 9,519 11,176 10,370 Stevensville/Douglastown 2,289 1,729 1,592 1,552 1,479 1,400 1,550 1,477 Welland WWTP 54,550 37,137 33,617 34,288 39,800 34,801 35,929 36,296 Page 519 of 596 PW 20-2025 Appendix 3 Appendix 3: Water Treatment Plant Reserve Capacities for 2024 Water Treatment Plant (WTP) Permit to Take Water (1) m3/d Rated Treatment Capacity m3/d Theoretical Ave Day Capacity m3/d 90% of Ave Day Capacity (2) m3/d 5-Year Ave Day Flow m3/d Peaking Factor Total Capacity Used Reserve Treatment Capacity 90% m3/d Design Flow Rate (3) 246 Lcd Reserve Serviceable Population Equivalents 10-Year Forecast Population Res & Emp Surplus Population 10-Year Projection DeCew Falls 227,000 227,300 152,040 136,836 53,346 1.495 35% 83,491 246 339,393 30,223 309,170 Grimsby 44,000 44,000 26,699 24,029 14,966 1.648 56% 9,063 246 36,841 17,037 19,804 Niagara Falls 145,500 145,584 97,511 87,760 41,742 1.493 43% 46,018 246 187,063 28,700 158,363 Port Colborne 45,500 36,000 21,858 19,672 7,307 1.647 33% 12,365 246 50,265 2,032 48,233 Rosehill 78,000 50,026 32,089 28,879 12,202 1.559 38% 16,678 246 67,796 7,151 60,645 Welland 110,000 65,000 43,218 38,896 24,493 1.504 57% 14,403 246 58,548 18,388 40,160 Note 1: Original MOE approved quantity of raw water permitted (Permit To Take Water). Note 2: Region's 2021 W&WW MSP requires planning process for expansion when plant capacity exceeds 80%, and expansion should be completed when capacity exceeds 90%. Note 3: Region's 2021 W&WW MSP new design criteria calls for 240 Lcd residential consumption and 270 Led employment consumption. This is equivalent to 246 Lcd for both, using the 79% and 21% residential and employment share, respectively. Page 520 of 596 PW 20-2025 Appendix 4 Page 1 of 2 Appendix 4: Wastewater Treatment Plant Reserve Capacity for 2024 Wastewater Treatment Plant (WWTP) MECP Rated Capacity m3/d 90% of Plant Capacity(1) m3/d 5-Year Average Daily Flow m3/d Total Capacity Used Reserve Treatment 90% Capacity m3/d Design Flow Rate (2) 356 Lcd Reserve Serviceable Population Equivalents 10-Year Forecast Population Res & Emp Surplus Population 10-Year Projection Anger Avenue (Fort Erie) 24,500 22,050 13,395 55% 8,655 356 24,312 4,730 19,582 Baker Road (Grimsby) 31,280 28,152 20,348 65% 7,804 356 21,920 20,442 1,478 Crystal Beach (Fort Erie) 9,100 8,190 5,501 60% 2,689 356 7,552 1,081 6,471 Niagara Falls (3) 68,300 61,470 39,290 58% 22,180 356 62,305 22,309 39,996 NOTL 8,000 7,200 5,804 73% 1,396 356 3,920 1,036 2,884 Port Dalhousie (St. Catharines) 61,350 55,215 31,836 52% 23,379 356 65,672 13,784 51,888 Port Weller (St. Catharines) 56,180 50,562 36,118 64% 14,444 356 40,572 9,392 31,180 Queenston (NOTL) (4) 500 450 178 36% 272 356 764 34 730 Seaway (Port Colborne) 19,600 17,640 11,176 57% 6,464 356 18,157 2,008 16,149 Stevensville/Douglastown 2,289 2,060 1,550 68% 510 356 1,432 994 438 Welland 54,550 49,095 35,929 66% 13,166 356 36,984 18,235 18,749 Note 1: Region's 2021 W&WW MSP requires planning process for expansion when plant capacity exceeds 80%, and expansion should be completed when capacity exceeds 90%. Note 2: Region's 2021 W&WW MSP new design criteria calls for 255 Lcd residential and 310 Led employment generation rate including 90 Lcd of extraneous flow allowance. An equivalent of 356 Lcd is applied using 80% and 20% for residential and employment growth share, respectively. Page 521 of 596 PW 20-2025 Appendix 4 Page 2 of 2 Note 3: The Niagara Falls WWTP assessment includes the sewage flows from the St. David's area of Niagara-on-the-Lake. Note 4: The Queenston WWTP in Niagara-on-the-Lake has a unique capacity commitment of 226 m³/d for the following properties: Niagara Parks Commission (75 m³/d), Niagara Falls Bridge Commission (63 m³/d), Shalamar Campground (38 m³/d) and Ontario Power Generation (50 m³/d). Due to these commitments and limited UAB, limited residential growth is expected within the next 10 years within the tributary area. Page 522 of 596 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 May 26, 2025 CL 8-2025, May 22, 2025 PWC 5-2025, May 6, 2025 PW 19-2025, May 6, 2025 Local Area Municipalities SENT ELECTRONICALLY Combined Sewer Overflow Control Program – 2025 Funding Recommendations PW 19-2025 Regional Council, at its meeting held on May 22, 2025, passed the following recommendation of its Public Works Committee: That Report PW 19-2025, dated May 6, 2025, respecting Combined Sewer Overflow Control Program – 2025 Funding Recommendations, BE RECEIVED and the following recommendations BE APPROVED: 1. That staff BE AUTHORIZED to issue letters to award funding to Local Area Municipalities for qualifying projects as outlined in Appendix 1 of Report PW 19-2025 for funding options as set out in Appendix 2 of Report PW 19-2025 and subject to the terms and conditions outlined in Appendix 3 to Report PW 19-2025; and 2. That Local Area Municipalities BE ADVISED of the results of Regional funding support, as outlined in Appendix 1 to PW 19-2025. A copy of Report PW 19-2025 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2025-050 cc: I. Stetic, Manager, W-WW Infrastructure Planning T. Ricketts, Commissioner, Public Works N. Coffer, Executive Assistant to the Chief Administrative Officer Page 523 of 596 PW 19-2025 May 6, 2025 Page 1 Subject: Combined Sewer Overflow Control Program – 2025 Funding Recommendations Report to: Public Works Committee Report date: Tuesday, May 6, 2025 Recommendations 1. That staff BE AUTHORIZED to issue letters to award funding to Local Area Municipalities for qualifying projects as outlined in Appendix 1 of Report PW 19-2025 for funding options as set out in Appendix 2 of Report PW 19-2025 and subject to the terms and conditions outlined in Appendix 3 to Report PW 19-2025; and 2. That Local Area Municipalities BE ADVISED of the results of Regional funding support, as outlined in Appendix 1 to PW 19-2025. Key Facts • The purpose of this report is to provide recommendations and background information for the 2025 Local Area Municipality (LAM) projects proposed for funding pursuant to the Combined Sewer Overflow (CSO) Control Program and Public Works Policy PW4.S06.0. • The CSO Control Cost Share Program has been in place since 2007 and shares funding with the LAMs for capital projects that help to mitigate the impacts of wet weather events on the region-wide sanitary system and the environment. The Region benefits from this program by gaining capacity at regionally owned sanitary trunk sewers, sewage pump stations, and wastewater treatment plants, which in return, could be used for growth without oversizing Regional infrastructure. • Representatives of the CSO Working Group, including representatives from all Municipalities, developed administrative procedures and criteria to evaluate project submissions by LAMs in accordance with the guiding principles. • The Region includes funding in annual budgets to support these projects. For 2025, $4,000,000 was budgeted in the Region’s Wastewater Operating Budget. • Twenty-three (23) eligible applications representing a total of 28 eligible projects were submitted by LAMs for 2025; however, the total requested funding is more than the approved program budget of $4,000,000 by $3,297,081 for 2025 and Page 524 of 596 PW 19-2025 May 6, 2025 Page 2 demonstrates high demand to address wet weather issues in sanitary collection systems. • Twelve (12) municipal projects are recommended for funding in full, four (4) municipal projects are recommended for partial funding and 12 projects are declined for funding as outlined in Appendix 1 to Report PW 19-2025; however, they can be reconsidered, in accordance with the CSO Program Policy, following approval of the Region’s 2026 budget. Financial Considerations A gross budget of $4,000,000 has been approved as part of the 2025 Wastewater Operating Budget for the CSO Control Cost Share program. Funding for this program is partially provided through Development Charges (DC) at 50%. Twenty-eight (28) projects from LAMs are eligible for funding under the 2025 CSO Control Program at a total value of $7,297,081. As the total requested amount is more than the approved program budget of $4,000,000 by $3,297,081, 12 projects will not be able to be funded by the Region’s CSO Control Program. In summary, Appendix 1 to Report PW 19-2025 presents 12 municipal projects recommended for funding in full, four (4) municipal projects recommended for partial funding and 12 unfunded projects. Prior to awarding the 2025 budget, the Region had $6.0 million in outstanding commitments to eight (8) municipalities for approved, but unspent, CSO projects at 2024 year-end as illustrated in Appendix 4 to Report PW 19- 2025. As an update to PDS-C 1-2024 (Combined Sewer Overflow Control Program Update), staff closed 75 projects equating to $3,357,554 during 2024. This resulted in $1,707,331 of the encumbrances being returned to the wastewater reserve and $1,650,223 of the DC portion being returned to the DC reserve in accordance with reserve policy. Analysis The CSO Program was Oversubscribed to in 2025 The CSO Control Working Group collaboratively reviews the funding structure and evaluates eligible CSO cost share projects, adjusting if needed, based on present-day needs and funding priorities for different types of work. Appendix 2 to Report PW 19- 2025 shows the Funding Options. Page 525 of 596 PW 19-2025 May 6, 2025 Page 3 A number of local area municipalities (LAMs) submitted eligible applications for the CSO Program, including four (4) from Fort Erie, one (1) from Grimsby, two (2) from Lincoln, four (4) from Niagara Falls, one (1) from Niagara-on-the-Lake (NOTL), one (1) from Pelham, three (3) from Port Colborne, one (1) from St. Catharines, five (5) from Welland, and one (1) from West Lincoln. The 23 eligible applications were separated into 28 individual projects eligible for funding, as per the program policy PW4.S06.0. Regional staff reviewed the 28 eligible projects for cost-share funding. 12 projects were incorporated for full funding and four (4) projects for partial funding into the final recommendation list presented in Appendix 1 to Report PW 19-2025. Projects were awarded based on the program evaluation matrix following the CSO Control and Wet Weather Management Policy as approved by Council. Wet Weather Flows Continue to Negatively Impact Infrastructure Like other jurisdictions across Ontario, wet weather flows continue to negatively impact sanitary infrastructure resulting in potential basement flooding, overflows to the environment, and reduce capacity for future growth. The removal of wet weather flow and inflow and infiltration reduction is important work that needs on-going focus and support over the long term to be successful. Success of this program reduces the pressure on the capital program and reduce sanitary infrastructure expansions. Alternatives Reviewed No alternatives were reviewed as the approved budget was fully utilized. Relationship to Council Strategic Priorities This report and more specifically, the CSO program supports the Council Strategic Priority of Effective Region through innovative service delivery and collaboration with Municipal partners. It also assists in establishing objectives of Green and Resilient Region to adopt to climate change impacts to help the current and future infrastructure be more resilient by reducing wet weather flow to gain capacity at regionally owned wastewater infrastructure and provide for growth. Page 526 of 596 PW 19-2025 May 6, 2025 Page 4 Other Pertinent Reports • Public Works Policy PW4.S06.0, September 2, 2014 – Combined Sewer Overflow Control & Wet Weather Management Policy (Please contact Niagara Region for copy of this document.) • PDS-C 1-2024, January 10, 2024 – Combined Sewer Overflow Control Program Update (https://pub-niagararegion.escribemeetings.com/Meeting.aspx?Id=524e81b7- e788- 4788-b364- 48a291e6c28b&Agenda=Merged&lang=English&Item=15&Tab=attachments) ________________________________ Prepared by: Ilija Stetic, B.Sc., PMP, CET Manager W-WW Infrastructure Planning Public Works Department _______________________________ Recommended by: Terry Ricketts, P.Eng. Commissioner of Public Works Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with, Susan White, Program Financial Specialist, Renee Muzzell, Manager, Program Financial Support, and reviewed by Donna Gibbs, Director, Legal and Court Services and Susan Dunsmore, Acting Director of Infrastructure Planning and Development Engineering. Page 527 of 596 PW 19-2025 May 6, 2025 Page 5 Appendices Appendix 1 Recommended 2025 CSO Control Program Funding Requests Appendix 2 Funding Options Appendix 3 CSO Control Policy Funding Conditions Appendix 4 Summary of CSO Project Remaining Budget Encumbrances by Municipality at 2024 Year-End Page 528 of 596 Appendix 1: Recommended 2025 CSO Control Program Funding Requests Eligible Recommended Projects with Funding Municipality Project Description Category % ¹ Project Cost Regional Share Recommended Regional Funding Projects Receiving Full Funding: Fort Erie Wastewater Trenchless Repair (WWTR25) - Sewer Separation Portion 1 50% $ 550,000 $ 275,000 $ 275,000 Fort Erie Wastewater Trenchless Repair (WWTR25) - Source Control Portion 3 60% $ 250,000 $ 150,000 $ 150,000 Fort Erie Wastewater Trenchless Repair (WWTR25) - Study Portion 2 60% $ 200,000 $ 120,000 $ 120,000 Grimsby Wastewater I&I Reduction - Drainage Area 5&7 2025 5 30% $ 1,900,000 $ 570,000 $ 570,000 Lincoln Ontario Street Study - Lateral Assessment & Rehab, Phase 1 2 50% $ 725,000 $ 362,500 $ 362,500 Niagara Falls Homewood Avenue Sewer Separation 1 40% $ 449,100 $ 179,640 $ 179,600 NOTL St. David's I&I Study 2 50% $ 150,000 $ 75,000 $ 75,000 Pelham Quaker Road Reconstruction 5 30% $ 564,550 $ 169,365 $ 169,400 Port Colborne Arena Sewershed Lateral Lining 5 30% $ 500,000 $ 150,000 $ 150,000 St. Catharines Gale Crescent Sewer Separation 1 50% $ 1,487,400 $ 743,700 $ 743,700 Welland Sanitary Sewer Lining & Spot Repair 5 30% $ 1,000,000 $ 300,000 $ 300,000 West Lincoln Sanitary Assessment, Repair & Capacity Management Strategy -Study Portion 2 50% $ 399,000 $ 199,500 $ 199,500 Projects Receiving Partial Funding: Fort Erie Wastewater Trenchless Repair (WWTR25) - R/R/R Portion ² 5 30% $ 1,500,000 $ 450,000 $ 106,400 Niagara Falls Drummond Rd Reconstruction ² 1 50% $ 720,000 $ 360,000 $ 309,000 Niagara Falls Maple Street Sewer Separation ³ 1 40% $ 659,250 $ 250,200 $ 250,200 Port Colborne Downtown Cross-Connection Investigation ² 2 50% $ 175,000 $ 87,500 $ 39,700 Recommended Eligible Projects Total $ 11,229,300 $ 4,442,405 $ 4,000,000 2025 Regional CSO Control Program Budget $ 4,000,000 PW 19-2025 Appendix 1 Page 529 of 596 Total Project Total Total Regional Cost Regional Share Total of All Eligible Projects $ 20,125,976 $ 7,297,081 $ 4,000,000 Eligible Unfunded Projects Municipality Project Description Category % ¹ Project Cost Regional Share Recommended Regional Funding Fort Erie Flow Monitoring Program 2025 (FLOMON25) 2 60% $ 425,000 $ 255,000 $ - Fort Erie Sanitary CCTV (SANCTV25) 2 50% $ 205,000 $ 102,500 $ - Fort Erie Wastewater Trenchless Repair (WWTR24) - R/R/R Portion 5 30% $ 864,640 $ 259,392 $ - Lincoln Ontario Street Design & Construction - Later Assessment & Rehab, Phase 1 5 30% $ 820,000 $ 246,000 $ - Niagara Falls Burdette Drive Rehabilitation 5 30% $ 1,020,000 $ 306,000 $ - Port Colborne Rosemount Area Lateral Lining 5 30% $ 750,000 $ 225,000 $ - Welland Broadway Area Phase 2 Infrastructure Renewals 5 30% $ 2,806,600 $ 841,980 $ - Welland Church Street Infrastructure Renewals - R/R/R Portion 5 30% $ 574,600 $ 172,380 $ - Welland Church Street Infrastructure Renewals - Sewer Separation Portion 1 40% $ 171,736 $ 68,694 $ - Welland First Street Infrastructure Renewals 5 30% $ 675,300 $ 202,590 $ - Welland Young Street Infrastructure Renewals 5 30% $ 549,800 $ 164,940 $ - West Lincoln Sanitary Assessment, Repair & Capcity Management Strategy - R/R/R Portion 5 30% $ 34,000 $ 10,200 $ - Eligible Unfunded Projects Total $ 8,896,676 $ 2,854,676 $ - Note ¹: Funding % share is dependent on specific project component and related work. Appendix 2 has project cost share split details Note ²: Project received partial funding up to the limit of the 2025 budget amount for that category. Note ³: Project received partial funding in 2024 due to the limit of the 2024 budget. Project will receive remaining requested funding through resubmission in 2025. PW 19-2025 Appendix 1 Page 530 of 596 PW 19-2025 May 06, 2025 Appendix 2: Funding Options CSO Control Program Funding Options Project Category No. Project Types 100% Funding Amount Priorities Region %Municipality % 1. Sewer Separation 40% Work Examples Disconnection of road drainage 40 60 Disconnection of private 60 40 Disconnection of road, previous disconnection of private or opposite 50 50 2. Studies 15% Work Examples PPCP as per the PPCP guide 50 50 I&I and Extraneous Flow Investigation including CCTV/Smoke Dye Testing¹ 50 50 Mandatory Flow Monitoring - Pre and Post 60 40 Investigative work on municipal/private side 50 50 Public education/water conservation and efficiency measures 50 50 Sewer use by-law development/update and municipal activities 50 50 3. Source Control - Private Side 20% Disconnection of roof leaders to be done by homeowners/municipalities as a prerequisite for other works on the private side. Work Examples Disconnection of roof leaders 60 40 Disconnection of weeping tiles from sanitary including application works 60 40 Disconnection of private sump pumps 60 40 Backflow preventer installation on sanitary 40 60 4. Conveyance and Flow Control/Storage 15% Work Examples Real-time control for detention 60 40 In-line flow controllers design and construction (i.e. weirs) 60 40 Off-line conveyance and pumping design and construction 60 40 In-line/off-line storage 40 60 5. Repair/ Rehabilitation/ Replacement of Sewers 10% Estimated ≥50% flow reduction during WW events Work Examples Repair of sanitary/ manholes - gel sealing, spot repairs 30 70 Spot repair lining 30 70 Full length liner 30 70 Note ¹: CCTV inspection - only site/project specific. Regular city-wide inspections should be part of municipal O&M. Page 531 of 596 Appendix 3 CSO Control Program Terms and Funding Conditions The terms and conditions under which funding will be offered to the successful applications, including the following: Number Terms and Funding Conditions 1 Amount of Funding, Studies - The Region shall contribute 50% of total study costs for the PPCP and I&I studies, and 60% for the Pre and Post Flow monitoring projects provided the Region participates on a committee overseeing the study and the study covers the entire area tributary to the Wastewater Treatment Plant(s) and includes both local and Regional infrastructure. 2 Amount of Funding, Design & Construction projects – The Region shall contribute defined percentage of the cost based on the Funding Options matrix, provided that; the facility or measure is supported by a recommendation from a current CSO study, life cycle cost comparisons of alternative solutions were undertaken and the Region agrees with the cost comparisons, the Region agrees with the ‘best overall solution’, and the Region participates on a committee overseeing the design. 3 Third Party Funding – The Region’s funding shall be net of any third party funding approved for the project. If third party funding is obtained after Regional funding approval, the amount of Regional funding will be adjusted to be net of any third party funding. Payment of the funding to the Area Municipality shall be based on actual expenditures incurred up to the maximum amount approved by Regional Council based on the budget submitted with the application. 4 Project Lead Studies – Lead by either the Area Municipality or the Region based on a mutual agreement prior to initiation of study. 5 Project Lead Design & Construction – A project located in the Area Municipal wastewater system shall be managed by the Area Municipality while a project in the Regional wastewater system shall be managed by the Region. On a case-by- case basis the Region may consider managing a project in the local system, if requested by the Area Municipality. 6 Ownership and Operation of Assets – The ownership and operation of all new and existing assets shall remain the responsibility of the current owner. The Area Municipality, on a case by case basis, may request the Region to operate and maintain an existing or new CSO control facility on behalf of the Area Municipality on a direct charge back basis. PW 19-2025 - Appendix 3 Page 1 of 2 Page 532 of 596 Number Terms and Funding Conditions 7 Follow up Flow Monitoring – On a case-by-case basis, the Region may include a condition or approval of funding that requires follow up flow monitoring to assess project’s effectiveness. 8 Expiry of Funding – Funding of a project by the Region may expire if the local Area Municipality does not invoice the Region within three (3) years of the date of funding approval by Regional Council. Also, if an Area Municipality decides not to proceed with a project, the Region may revoke funding. The Region may also withdraw funding for future phases if a project does not proceed on a continuous basis toward completion. 9 Indemnity – The Region, or its directors, officers, employees, agents or consultants will not be held liable as a result of providing funding for any project. 10 Regional Recognition – The Area Municipality is to ensure that the Region is to be acknowledged in all advertising and publicity related to the project for which funding was provided. 11 Project Deliverables – The Region shall receive copies of all project deliverables, including, but not limited to, reports, flow monitoring data, hydraulic modelling files, GIS layers/data, and technical memorandums. 12 Funding Agreement - A letter formalizing the funding in accordance with the Region’s CSO Funding Policy will be issued to the Area Municipality for signature and used as the agreement to the terms and conditions of the funding. PW 19-2025 - Appendix 3 Page 2 of 2 Page 533 of 596 PW 19-2025 May 06, 2025 Appendix 4: Summary of CSO Project Remaining Budget Encumbrances by Municipality at 2024 Year-End Municipality 2021 2022 2023 2024 Total Fort Erie 61,141 65,000 218,736 328,500 673,377 Grimsby 43,393 31,837 162,500 - 237,730 Lincoln 344,639 - 78,525 465,500 888,664 Niagara Falls 298,730 687,500 867,235 378,348 2,231,813 Niagara-on-the-Lake 26,550 84,452 60,000 - 171,002 Pelham -- -- - Port Colborne 14,636 101,607 145,000 25,000 286,242 St. Catharines 204,194 58,150 445,486 480,000 1,187,831 Thorold -- -- - Welland 105,313 74,532 47,508 69,678 297,031 West Lincoln -- -- - Total 1,098,595 1,103,078 2,024,990 1,747,025 5,973,689 Page 534 of 596 MICHAEL L. MAYNARD Integrity Commissioner Email: integrity@adr.ca June 13, 2025 SENT BY EMAIL TO: Lauren O’Connor AND TO: Councillor Victor Pietrangelo Cc: Rocky Vacca, Legal Counsel AND TO: Niagara Falls City Council c/o Bill Matson, City Clerk Re: IC-35449-0325 O’Connor re: Pietrangelo – Joint Code Complaint / MCIA Application INTRODUCTION AND MANDATE This is my report respecting a joint complaint and application (“Complaint”/ “Application”) initiated by Lauren O’Connor (“Complainant”/“Applicant”) against Councillor Victor Pietrangelo (“Councillor Pietrangelo”, or “Respondent”) (collectively the “Parties”), under the City of Niagara Falls Code of Conduct for Members of Council1 and the Municipal Conflict of Interest Act2 (“MCIA”), respectively.3 1 Code of Conduct for Members of Council 2 Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 3 “Complainant” and “Applicant” are used interchangeably, but “Applicant” is used for matters that strictly relate to the MCIA only. Page 535 of 596 2 In accordance with the requirements of both the Code and MCIA, the Complainant was confirmed to be an elector / resident of Niagara Falls (the “City”), and she provided a statutory declaration that she became aware of the subject issues within six weeks prior to filing the Complaint / Application. Following a preliminary review, I determined that the issues were broadly within my jurisdiction and mandate. While some of the issues were determined to be untimely, others warranted investigation. I followed an investigative approach that ensured procedural fairness and included facilitating the exchange of written submissions between the Parties. I did not interview the Parties as the written record was sufficient to determine the outcome to these matters. I have opted to report on the Complaint and Application together because they essentially make the same factual allegations, and issuing a single report is ordinarily more efficient and cost-effective for the City and its taxpayers. Further, given that there is very little required in terms of factual and policy analysis respecting the Code-related issues (explained herein), it makes little sense to issue a separate report regarding the Code. COMPLAINT / APPLICATION The Complainant / Applicant made their initial submissions via the City Clerk’s Office on March 6, 2025. Accounting for some technical challenges experienced by the Complainant, my office ultimately received the necessary sworn Statutory Declaration on March 17, 2025, at which point I commenced this inquiry. The submissions referred to both the Code and MCIA. The Complainant stated that she became aware of the issues after reading an article in The Pointer (a subscription-based online publication) on February 17, 2025. The article in question was written by Ed Smith, and was entitled “The land entanglements of Niagara Falls Councillor Victor Pietrangelo”4 (the “Smith Article”). The Complainant provided a link to the Smith Article, and relied profoundly on the assertions made therein, describing its contents as the reference point for her own research. It is no stretch to say that the Smith Article was evidently, on its face, the initial driver of the Complaint – both serving to influence the Complainant’s thinking on the issues and offering its readers some degree of encouragement to make a formal complaint / application. The article in fact stated: 4 Smith, E., The land entanglements of Niagara Falls Councillor Victor Pietrangelo, The Pointer, (2025) - https://thepointer.com/article/2025-02-16/the-land-entanglements-of-niagara-falls-councillor-victor- pietrangelo Page 536 of 596 3 At the municipal level residents who believe an elected official has breached conflict of interest rules have two potential avenues for redress: filing a complaint with an Integrity Commissioner or seeking recourse through the Ontario courts. The onus for accountability lies squarely with the public.5 In accordance with the thesis of the Smith Article, the Complainant claimed that Councillor Pietrangelo was “actively involved in discussions, decision-making, and behind-the-scenes dialogue aimed at influencing the direction of the Niagara South Hospital project,” which “directly impacts land in which he holds a personal interest, creating a clear obligation for him … to declare a conflict of interest and abstain from participation in related matters.” The Complainant expressed that the Respondent’s interest was not “in common” (i.e., referencing the section 4(j) exception in the MCIA), but was particular to him – an argument seemingly also picked up from the Smith Article, which discussed the “interest in common” concept. The Complainant additionally referenced the 1985 Greene and Borins case6 (also referenced in the Smith Article) and asserted that the Respondent’s property was suitable for redevelopment due to its size and location / proximity to the hospital lands, thereby creating a unique, disqualifying pecuniary interest for Councillor Pietrangelo. Consistent with the Smith Article, the Complainant listed several historical activities that involved the Respondent and made assertions concerning each. I summarize them as follows: May 9, 2017 – In-camera Council discussion regarding the donation of 30 acres of land, and the need to purchase 20 additional acres. The transfer of funds to the hospital reserve fund was also discussed. Councillor Pietrangelo participated in the discussions and votes, even initiating a related motion. September 26, 2017 – Council discussed a land transfer agreement between Niagara Health Systems (“Niagara Health”) and the City, enabling the hospital to be built. Councillor Pietrangelo moved the item as part of the consent Agenda. December 13, 2022 – Niagara Health presented to Council, seeking additional funds. Councillor Pietrangelo did not declare an interest and voted to accept the presentation. 5 Ibid 6 Greene v. Borins, 1985 CanLII 2137 (Ont. Div. Ct.) Page 537 of 596 4 July 11, 2023 – Council discussed and voted upon giving $30 million to Niagara Health. Councillor Pietrangelo chaired that portion of the meeting, apparently at his request. January 23, 2024 – Council discussed a new levy to pay for the hospital. Councillor Pietrangelo participated and stated that he had discussions with staff. May 28, 2024 – Council discussed, in-camera, expropriation of land for road widening to accommodate the new hospital. The Minutes initially reflected that Councillor Pietrangelo was present and did not declare an interest, but the Clerk subsequently changed them to reflect that he did declare an interest. As the Complainant’s position was predominantly influenced by assertions made in the Smith Article – which theorized that Councillor Pietrangelo seemingly retained a pecuniary conflict of interest in the above-noted instances – it is appropriate to directly quote from the article for elaboration: These decisions appear noncompliant with the MCIA and are particularly concerning given that Councillor Pietrangelo seems fully aware of his conflict of interest regarding the hospital project and his nearby land. Between 2017 and 2024 there are numerous instances where he appropriately declared a conflict of interest and recused himself. The Smith Article contrasted the above instances to several occasions where Councillor Pietrangelo did declare a pecuniary interest: Numerous times, Councillor Pietrangelo declared a conflict of interest on issues related to the hospital’s construction, including additional floors for the hospital, road widening, sanitary sewer improvements, and potential residential and commercial developments near the new hospital, and his lands. He demonstrates an awareness that his ownership of the property kitty corner to the hospital, and his family's ownership of other lands very near, create an issue of conflict; but he has been inconsistent, influencing decision making and taking votes on some of the most critical matters to push the hospital project forward. In sum, the Complainant asserted that Councillor Pietrangelo: 1. Failed to disclose his financial interest in hospital-related matters; Page 538 of 596 5 2. Participated in confidential in-camera discussions that directly affected his property; 3. Engaged in behind-the-scenes discussions with staff about the hospital’s financial planning; 4. Voted on multiple motions and funding decisions without declaring a conflict of interest; and 5. Failed in his duty to ensure the minutes accurately reflected his status where conflicts were possible, allowing them to remain either inaccurate or confusing respecting his participation. The Complainant argued that this activity breached public trust, and violated the Code and MCIA. She specifically referenced the following sections of the Code: 5. TRANSPARENCY AND OPENNESS IN DECISION MAKING Members shall: (a) conduct business and their duties in an open and transparent manner so that stakeholders can understand the process and rationale which has been used to reach decisions; (b) ensure the public has input and receives notice regarding Council’s decision making processes in accordance with the Procedure By-law; (c) ensure compliance with the Municipal Act, Municipal Conflict of Interest Act, and other applicable legislation regarding open meetings, accountability and transparency. 7. UNDUE USE OF INFLUENCE No Member shall use their status to improperly influence the actions or decisions of Staff or others to the private advantage of the Member or his or her family, staff, friends or associates, business or otherwise. The Complainant also cited the MCIA multiple times and alleged that Councillor Pietrangelo failed to live up to his statutory obligations thereunder. The relevant sections of that Act are the following: Page 539 of 596 6 Duty of Member When present at meeting at which matter considered 5 (1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member, (a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof; (b) shall not take part in the discussion of, or vote on any question in respect of the matter; and (c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. Where member to leave closed meeting (2) Where the meeting referred to in subsection (1) is not open to the public, in addition to complying with the requirements of that subsection, the member shall forthwith leave the meeting or the part of the meeting during which the matter is under consideration. Written statement re disclosure 5.1 At a meeting at which a member discloses an interest under section 5, or as soon as possible afterwards, the member shall file a written statement of the interest and its general nature with the clerk of the municipality or the secretary of the committee or local board, as the case may be. Influence 5.2 (1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter that is being considered by an officer or employee of the municipality or local board, or by a person or body to which the municipality or local board has delegated a power or duty, the member shall not use his or her office in any way to attempt to influence any decision or recommendation that results from consideration of the matter. Page 540 of 596 7 RESPONSE Councillor Pietrangelo submitted a comprehensive formal Response through his legal counsel, Mr. Rocky Vacca of Sullivan Mahoney LLP. He had earlier submitted that several issues were untimely – which I confirmed true, including all of the Code allegations, which arose from incidents that exceeded the six-week limitation period for making a Complaint. For reference, section 17.1(c) of the Code states: “…the alleged Code of Conduct violation shall have taken place within six (6) weeks of filing the complaint …” By contrast, the MCIA has a six-week knowledge-based limitation period, and a six-year hard cap. The Respondent summarized his position concerning the live issues as follows: 1. On December 13, 2022, the only matter before Council was a motion to receive for information … [which] has no substantive effect. One cannot have a pecuniary interest in a motion to receive for information. 2. Councillor Pietrangelo’s participation in the Council decision of July 11, 2023, was consistent with written guidance that he received the same day from Integrity Commissioner Edward T. McDermott. He was told he did not have a pecuniary interest in decisions on the municipal contribution to the hospital. 3. Based on the same Integrity Commissioner guidance, Councillor Pietrangelo was permitted to participate in Council’s January 23, 2024 decision. 4. The video recording of May 28, 2024, clearly shows that Councillor Pietrangelo declared a pecuniary interest and did not vote. 5. It is conceded that Councillor Pietrangelo had a pecuniary interest in the development of the new hospital – but that interest applied only to whether the hospital would be built. Decisions without impact on whether the hospital would proceed did not give rise to a pecuniary interest. The Respondent submitted that the hospital was going to be built at its location regardless of the City’s cash contribution, so votes on that issue could not possibly have affected his pecuniary interest. On point, he cited Lediard v. Clarke,7 in which Sheppard, J. held: 7 Lediard v. Clarke (1997), 44 M.P.L.R. (2d) 832 (Ont. Gen. Div.), at para 26 Page 541 of 596 8 Counsel for the applicant argued that, given the respondent's public opposition to the expansion of the hospital and the 1995 consent order, she must be regarded as having a pecuniary interest in any matter pertaining to the hospital which comes before council and must therefore declare her interest and refrain from voting each time. With respect, this is simply not the law. The law requires a court to find a pecuniary interest in a matter which is the subject of consideration. Each matter must be looked at and a pecuniary interest found. Correspondingly, the Respondent argued that “it is simply not the law that Councillor Pietrangelo was required to recuse himself on every matter connected to the hospital – only those involving his pecuniary interest.” The Respondent cited advice that he received from (now retired) Integrity Commissioner, Edward McDermott. Commissioner McDermott is my predecessor, who prior to his retirement also plied his trade at ADR Chambers. I confirmed in our internal records that he offered advice to Councillor Pietrangelo on July 11, 2023, a copy of which was also submitted as an appendix to Councillor Pietrangelo’s Response. To summarize, the advice letter stated that the City’s cash contribution to the hospital would not impact on whether the project would go ahead, and accordingly there was no clear or immediate impact upon Councillor Pietrangelo’s pecuniary interest. The Respondent argued that at “none of the four meetings in question did Councillor Pietrangelo participate in decision making on a matter that could have affected the value of his and his family’s property. He complied with the MCIA.” The Respondent also offered the following positions respecting each instance: Re: Meeting of December 13, 2022 Council heard a presentation from Niagara Health. The motion tabled and passed was to receive it for information, which had no pecuniary impact upon him. The Respondent also argued that Mr. McDermott’s 2023 advice was correct and was applicable in principle to the December 2022 meeting that preceded it. Re: Meeting of July 11, 2023 The municipal contribution was at issue before Council. Councillor Pietrangelo sought and acted on Commissioner McDermott’s advice. He argued that the guidance he received was reasonable and correct, and that in any case he should not face repercussions for following the Integrity Commissioner’s advice. Page 542 of 596 9 Re: Meeting of January 23, 2024 Council considered how to fund the contribution it agreed to make towards the hospital. Councillor Pietrangelo relied on Integrity Commissioner McDermott’s July 2023 guidance which affirmed that the City’s contribution would not impact whether the hospital was built or not – so it logically followed that this decision would not clearly impact his pecuniary interest. He further claimed that the issue of whether to implement a levy to pay for the City’s hospital contribution had no effect, in and of itself, on his pecuniary interest. Re: Meeting of May 28, 2024 The Respondent stated that he declared a pecuniary interest during both the closed and open portions of the Council meeting and did not participate either time when the matter (i.e., proposed road widening) was considered. In the meeting video, Councillor Pietrangelo stated (at 9:30:30): “Your Worship, I had a conflict with this one, as my family owns lands that are part of that plan.” He pointed out that he did not vote on the motion to ratify the closed meeting decisions, and while the Minutes initially failed to show his declaration, they were later corrected by the Clerk – adding: “Whatever the Applicant may feel about correcting the Minutes, this has nothing to do with … MCIA compliance.” REPLY The Complainant acknowledged the six-year time limitation period for MCIA applications – albeit without acknowledging the coexisting Code limitation period – but asserted that such did “not preclude actions taken in 2017, or earlier, from being referenced or considered as part of a broader pattern of behaviour relevant to more recent contraventions”. The Complainant argued that Councillor Pietrangelo showed a “willingness to participate in matters in which he admits he held a pecuniary interest…” The Complainant contended that the December 2022 Niagara Health presentation was a “precursor to future decision-making,” and that Councillor Pietrangelo’s participation “supported the project’s trajectory and laid groundwork for eventual financial commitments and the eventual realization of the development.” The Complainant reasoned that Councillor Pietrangelo should be entirely precluded from anything related to the hospital’s financial aspects. The Complainant asserted that the original Minutes of the May 28, 2024 meeting were ratified by Council (including Councillor Pietrangelo), and contained no information about his declaration of interest or recusal. The Complainant stated that the Clerk’s Page 543 of 596 10 subsequent amendment to the Minutes “undermines the credibility of the record and raises concerns about procedural fairness” – a claim similarly alleged in the Smith Article – while further claiming that the City Clerk’s unilateral alteration to a record “calls into question the reliability of all records in the city’s possession.” The Complainant wondered why Councillor Pietrangelo did not correct the Minutes when they were first ratified, asserting that he failed in his duty to ensure their correctness. The Complainant additionally contended that Councillor Pietrangelo breached the MCIA by declaring his interest too late – i.e., after the open session restarted, and discussion of closed session ratification had already commenced. The Complainant asserted that funding was far from a settled substantive issue as of July 11, 2023, so it was impossible to know how the City’s decision could impact the larger hospital project – noting that projects are often announced and later shelved due to funding issues. The Complainant wondered aloud whose interests Councillor Pietrangelo was truly serving when he participated in the discussions about the City’s funding contribution. She concluded: Councillor Pietrangelo’s involvement in discussions and votes regarding this funding cannot be viewed in isolation. His participation may have influenced the outcome in a way that directly benefits his private interest. That is precisely the type of influence the MCIA seeks to guard against. EVIDENCE OF THE CITY CLERK, BILL MATSON I inquired with City Clerk, Bill Matson about his change to the May 28, 2024 Minutes, and whether Councillor Pietrangelo declared his interest at the in-camera portion of that meeting. In response, Clerk Matson provided a copy of Councillor Pietrangelo’s written declaration of interest (dated May 28, 2024), a copy of his own notes from the closed portion of the meeting (indicating that Councillor Pietrangelo left the room, in accordance with MCIA requirements), and a copy of the in-camera Minutes. Mr. Matson also provided copies of an email thread, in which he noted the following information: 1. Councillor Pietrangelo declared an interest at the May 9, 2017 meeting, as confirmed by the meeting video, so the Minutes were corrected accordingly8. 2. Councillor Pietrangelo declared his interest at the closed portion of the May 28, 2024 meeting. 8 I need not review this, as it is untimely and thus out of scope. Page 544 of 596 11 3. Councillor Pietrangelo again declared his interest during the open portion of the meeting, when the closed meeting Minutes were being ratified. VIDEO – MAY 28, 2024 MEETING I reviewed the video of the May 28, 2024 meeting, and noted that when Council returned from its second closed session – some 9-½ hours into the meeting, at approximately 1:30 a.m. – the Mayor announced almost immediately that the closed meeting Minutes needed to be ratified and asked the Clerk to read out the information. Councillor Pietrangelo declared his interest at what appeared to be his first opportunity to speak, and he did not discuss the matter or vote on it. ANALYSIS I have carefully considered the issues raised herein and find as follows: Re: Code of Conduct The Code of Conduct establishes a firm six-week limitation period for filing Complaints. City policy does not permit me to consider any issue that took place more than six weeks prior to the date the Complaint was filed. Niagara Falls City Council is a self-governing body and has the lawful authority to determine its own Code of Conduct and Complaint Protocol (subject to a small number of legislatively required inclusions). The City’s policy is that matters more than six weeks old should not be considered by the Integrity Commissioner. I need not analyze issues which I have no lawful authority to consider, as that would be a waste of time and resources. The entire Code Complaint is untimely, and thus subject to summary dismissal. Re: MCIA My role respecting MCIA applications is limited to deciding whether to apply to a judge for a determination regarding whether the Member breached that Act. Section 223.4.1(15) of the Municipal Act, 2001 states: Upon completion of the inquiry, the Commissioner may, if he or she considers it appropriate, apply to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the member has contravened section 5, 5.1, 5.2 or 5.3 of that Act. Page 545 of 596 12 I have determined not to apply to a judge, for the following reasons. First, the two 2017 matters are untimely pursuant to the limitation period established in the MCIA. Subsection 8(6) of the Act states “…no application shall be made after the sixth anniversary of the alleged contravention.” The two 2017 incidents must be struck from the Application – I have no authority to review them. For the balance of the issues, to use contemporary parlance this is a “slam dunk” for the Respondent. I cannot quibble with any of his submissions, which in my view conclusively establish that he did not participate in any matter in which he had a disqualifying pecuniary interest. I also find that he met the necessary MCIA declaration requirements on the one occasion that required it (May 28, 2024), and any interpretation that he did not is based upon speculation or unfounded assertions about the scrupulousness of the Respondent and City Clerk Matson. I interpret the specific meetings as follows. Meeting of December 13, 2022 No question was before Council that advanced any decision related to the hospital. Council simply received a presentation from Niagara Health for information. The Applicant may feel that any business related to the hospital, or its financial aspects, should be out of bounds for Councillor Pietrangelo, but respectfully that is not the law. Jurisprudence has long established that a pecuniary interest must be real and immediate, or reasonably likely to occur – not speculative or hypothetical.9 Each specific instance must be judged on its own set of facts. Receiving a report for information did not impact Councillor Pietrangelo’s property or pecuniary position in any way. There is simply no conflict of interest arising in this instance from the mere receipt of information in a public forum. Meeting of July 11, 2023 Councillor Pietrangelo received advice from Integrity Commissioner McDermott prior to the July 11, 2023 meeting. I ordinarily have no authority to release advice given to a Member of Council by my Office, except in certain situations defined in the Municipal Act, 2001. One of those circumstances is “in the written reasons given by the Commissioner under subsection 223.4.1 (17)”10 – i.e., in a report stating whether I will 9 See, inter alia, Yorke et al. v. Harris, 2020 ONSC 7361 at para 47 10 Municipal Act, 2001, S.O. 2001, c. 25, s. 223.5(2.3)(c). Page 546 of 596 13 apply to a judge for a determination under the MCIA, as in the present case. From reviewing the advice given to Councillor Pietrangelo, I understand that the municipal funding envelope was not expected to impact whether the hospital project would go ahead – which directly contradicts the Applicant’s speculative assertion. I quote directly from Niagara Health information that was forwarded to Mr. McDermott by the City’s Chief Administrative Officer on July 10, 2023: The City of Niagara Falls funding decision will not impact the decision to build the South Niagara hospital. […] Commissioner McDermott considered that determinative to his advice to Councillor Pietrangelo – his letter said as much. I agree with Mr. McDermott’s advice, which was well-reasoned. There is (and was) no clear evidence that the discussion or vote on the municipal funding envelope would have any immediate, definable, or real impact on Councillor Pietrangelo’s pecuniary position. Imagined or speculative impacts do not meet the test for establishing a conflict of interest under the MCIA. In the unlikely event that Commissioner McDermott and I (and Councillor Pietrangelo and Mr. Vacca for that matter) are all wrong, and only the Applicant and Ed Smith have correctly interpreted the facts and the law in this matter, it would have nevertheless been reasonable for Councillor Pietrangelo to rely on Commissioner McDermott’s advice upon receiving it. Section 9(2)(b) of the MCIA authorizes a judge, when determining how to address a breach, to consider whether the Member “disclosed the pecuniary interest and all relevant facts known to him or her to an Integrity Commissioner in a request for advice from the Commissioner under the Municipal Act, 2001 … and acted in accordance with the advice…” and/or whether the Member “committed the contravention […] by reason of an error in judgment made in good faith.” I reiterate that I do not believe there was a contravention in this instance, but the same considerations logically apply. Councillor Pietrangelo acted prudently in seeking advice, and he then acted in accordance with the advice he received. It would be irrational for me to apply to a judge for a determination that he breached the MCIA in these circumstances. As a balancing exercise, I pondered the opposite view (i.e., that the Respondent had a pecuniary interest in the item) and accordingly considered the Ontario Court of Appeal’s MCIA interpretation in Ferri v. Ontario11. If we presume the counterfactual – i.e., that the municipal funding envelope would have somehow impacted Councillor Pietrangelo’s 11 Ferri v Ontario (Attorney General), [2015] OJ No 5231, 2015 ONCA 683, 40 MPLR (5th) 223, 127 OR (3d) 613, 258 ACWS (3d) 209, 2015 CarswellOnt 15240, 391 DLR (4th) 496, 341 OAC 17, [2015] OJ No 5231 Page 547 of 596 14 and/or his family’s property, thereby establishing a pecuniary interest for him – then I would be bound by jurisprudence to consider all of the surrounding circumstances. In Ferri, the Court of Appeal considered the remoteness and insignificance exception under MCIA section 4(k). I quote directly from the Court’s decision: [16] […] The test to be applied under s. 4(k) is well established, and asks "[w]ould a reasonable elector, being apprised of all the circumstances, be more likely than not to regard the interest of the councillor as likely to influence that councillor's action and decision on the question?" [17] That test requires a court to consider all the circumstances: Amaral, at paras. 38-44; Craig, at para. 35. […] In Amaral, at para. 41, these relevant factors included the lack of bad faith of the trustee, the number of years of faithful service of the trustee, the trustee's long career of public service, and evidence that the trustee "was there for her constituents and not for her sons." […] [19] […] under the current version of the legislation, good faith and motive are relevant to the question of whether a pecuniary interest is likely to influence the councillor, which lies at the heart of the analysis of whether a pecuniary interest is remote or insignificant under s. 4(k). […] [21] […] it is necessary to consider all the following circumstances that were established in the evidence: The appellant has many years of faithful service to the municipality; The appellant was acting in good faith and his motivation to participate in the issues related to the Plan are not motivated by a potential pecuniary benefit; The appellant has been extremely vigilant and conscientious in declaring conflicts of interest under the MCIA, including sixteen times when Loopstra Nixon was retained on a matter […]; Page 548 of 596 15 The matters related to the Plan are of major public interest to his constituents; […] It requires no elaboration to say that Court of Appeal decisions are binding upon me. I therefore observe – as the Smith Article itself pointed out – that Councillor Pietrangelo publicly declared a pecuniary interest in various situations when the hospital build was on the agenda. The Applicant and Mr. Smith appear to draw adverse inferences from Councillor Pietrangelo’s alleged inconsistency in making declarations, but I draw the opposite conclusion. It appears to me that the Respondent paid attention to each item of business as it arose and determined on a case-by-case basis when it appeared likely to impact his pecuniary interest, and he sought advice when he was unsure. I do not believe it would serve anybody’s interests for me to bring an application to a Superior Court judge to argue against what seems like Councillor Pietrangelo’s “years of faithful service; “good faith motivation”; “vigilance and conscientiousness in declaring conflicts of interest under the MCIA”; and/or the hospital being of “major public interest to his constituents”. It is furthermore important that the Applicant has not identified any clear or direct benefit that Councillor Pietrangelo would derive from the municipal funding envelope – she has merely assumed that there is a generalized potential future benefit attributable to everything. Indeed, nobody demonstrated to me how the municipal funding envelope would have specifically caused a benefit to accrue to Councillor Pietrangelo or his family. The best the Applicant could argue was that his “participation may have influenced the outcome in a way that directly benefits his private interest.” [emphasis mine] The test referenced by the Court of Appeal in Ferri is an objective one. It requires me in this case to ask the following: With the knowledge that the municipal funding envelope would not change anything regarding whether and where the hospital would be built; with there being no evidence of any clear or immediate impact from said funding to the Councillor’s proximate property (or to his family’s); and with consideration given to the Councillor’s history of service, past declarations of interest, and the public significance of the project, would a reasonable person apprised of all this information likely conclude that Councillor Pietrangelo had a disqualifying pecuniary interest? I do not believe that such a case can be reasonably made. I will not apply to a judge and argue to the contrary. Page 549 of 596 16 Meeting of January 23, 2024 If, per above, the funding itself did not create a disqualifying conflict of interest for Councillor Pietrangelo, then it follows that the subsequent question about how to pay for it did not either. I agree with the Respondent that Commissioner McDermott’s advice remained relevant and applicable – Councillor Pietrangelo did not have a disqualifying pecuniary interest. Meeting of May 28, 2024 City Clerk Matson’s notes and written evidence establish that a clerical error led to the mistake in the initial meeting Minutes. While not ideal, that error was corrected once it was discovered. I do not question Mr. Matson’s authenticity on point, nor do I wish to indulge any catastrophizing about the reliability of all City records owing to this minor discrepancy. While I encourage Councillor Pietrangelo to more carefully review meeting Minutes before voting to ratify them, his failure to notice this error did not create a Code or MCIA issue. The Applicant also asserted that Councillor Pietrangelo did not declare his interest in the closed session item quickly enough when the open portion of the meeting resumed – apparently 9-½ hours into the meeting, around 1:30 a.m. – which led the Mayor to remark that it was the longest Council meeting ever. To recap: Council went into closed session to deal with the matter in question. Upon publicly reopening the meeting at 1:30 a.m., the Mayor quickly went to the Clerk for the read-out of the in-camera items to be ratified. Very soon after the Clerk spoke, Councillor Pietrangelo openly noted his prior declaration – which was reflected in each of the in-camera Minutes, Mr. Matson’s notes, and the Respondent’s written Declaration of Interest dated May 28, 2024. Councillor Pietrangelo did not participate or vote on Council’s public ratification of the in-camera business. Could he have jumped in sooner, and cut off other speakers to force his declaration onto the record? Perhaps – but then I might be faced with a different sort of complaint. These facts simply present no reason for me to apply to a judge. The Councillor publicly declared his interest at the earliest reasonable opportunity, and did not discuss the matter nor vote on it. The public interest intent of the MCIA was served. Decision The matters raised under the Code of Conduct were untimely and cannot be considered. They are summarily dismissed. Page 550 of 596 17 I will not apply to a judge for a determination that the Respondent breached the MCIA, for all the reasons outlined herein. In accordance with 223.4.1 (16) of the Municipal Act, 2001, I hereby inform the Applicant of my decision by providing her with a copy of this Report. The Applicant remains free to apply to a judge directly on her own, if she wishes, so long as she does not exceed the time limitation period for filing such following the release of this Report. Section 223.4.1 (16) of the Municipal Act, 2001 requires that after I (as Integrity Commissioner) decide whether to apply to a judge, I shall publish written reasons for that decision. To meet this requirement, I ask the City Clerk to place this report on the public agenda for the next Council meeting, to be received for information and thereafter archived on the City’s website. I now consider this matter to be concluded. Respectfully, Michael L. Maynard ADR Chambers Inc. Page 551 of 596 Notice of Motion by Councillor Lori Lococo Impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan WHEREAS the City of Niagara Falls Climate Change Adaptation Implementation Plan was unanimously approved by City Council, in September 2023 — to be implemented over 5+ years, with a report every second year to City Council. AND WHEREAS the Adaptation Plan is critical to our city’s long-range planning. AND WHEREAS the Adaptation Plan is a community-based strategic direction tailored to local needs, but subject to provincial legislation. AND WHEREAS passage of provincial legislation Bill 5 [Protect Ontario by Unleashing our Economy Act, 2025] is designed to fast-track projects by “reducing regulatory barriers” — allowing exemptions from municipal by-laws and impact assessment requirements, weakening planning oversight mechanisms, prohibiting municipal planning policies that exceed provincial minimum standards, and eliminating legislative safeguards in place when this Adaptation Plan was approved (September 2023). AND WHEREAS Bill 5 therefore poses direct and significant impact on municipal regulatory authority to set goals, implement and enforce policy standards in our city’s Adaptation Plan. THEREFORE BE IT RESOLVED THAT Council — out of concern for public protection (from flooding and other site hazards to ensuring building safety), responsible growth, climate-change resiliency of infrastructure (from wastewater treatment to energy-efficient green initiatives), planning adequate housing, transportation networks ... fiduciary duty to constituents and environmental stewardship — direct staff to provide a Summary Report of Bill 5 impacts on the Adaptation Plan, with resulting implications (including impacts to the budget), as part of the forthcoming 2-year report to Council. AND ... That this (above) Summary Report be presented to Council for approval and sending to the following, for support, as part of the ongoing, widespread efforts to have Bill 5 revoked: The Premier of Ontario The Minister of Municipal Affairs and Housing Local MPPs Niagara Regional Council City Councils of (all) Ontario Municipalities Page 552 of 596 1 Notice of Motion – Lines on Roads For Tuesday, May 27th, 2025 • Whereas, since governmental regulations changed, providing higher environmental standards on what paint can be used on roads, lines on roads don’t last long • Whereas, this change has meant that municipalities have to re-paint lines more often, sometimes several times per year to maintain visibility • Whereas, more painting means more trucks on the road, more staff time and more tax dollars • Whereas, faded or barely visible lines on the road are a hazard to drivers • Whereas, it’s extremely challenging to see during inclement weather conditions • Whereas, we shouldn’t have to wait for collision statistics to tell us what we already know- when lines vanish, danger increases • Whereas, The City of Ottawa has already taken the lead on this national concern for safety. Therefore be it resolved that staff come back with some options that meet environmental standards and keep drivers safe, while not re-painting lines several times per year. Page 553 of 596 1 Heather Ruzylo Re: Bubble Zones WHEREAS, we need to protect the right of our residents to worship without threats of intimidation, and WHEREAS, City owned public spaces and spaces in the vicinity of faith-based cultural institutions including streets and sidewalks should feel safe and free from protestors, and WHEREAS, some protests invoke harassment and intimidation, and WHEREAS, those attending religious institutions should be able to do so in peace, and WHEREAS, the history of bubble zones goes back to 1995 where they were first adopted in British Columbia, and WHEREAS, causes that are of international concern are being taken up by local residents and visitors more often as issues on the world stage become increasingly pronounced, and WHEREAS, redirecting political protests away from innocent and vulnerable religious minorities and children will make sure that their rights are not impeded, THEREFORE BE IT RESOLVED, that City Council ask for a staƯ report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Page 554 of 596 1 Heather Ruzylo As discussed last evening, I hereby give notice of my intention to bring forward the following motion at the next meeting of City Council: Whereas the brave men and women who have served in our armed forces have shown extraordinary courage, sacrifice, and commitment to protecting the freedoms and values we hold dear. And whereas it is our solemn duty as a community to honour and remember their service in ways that are both meaningful and enduring. Be it resolved that the Council direct staff to investigate and report on the feasibility, design, cost, and suitable and prominent locations for the installation of a Veteran Memorial Crosswalk or alternatives that may include, but are not limited to, public art, memorial gardens, interpretive displays, commemorative benches, or other creative installations that provide a heartfelt and lasting tribute to our veterans. . And be it finally resolved that the development and planning of these tributes be conducted in close collaboration and meaningful consultation with local legions and any other veterans’ associations. May this initiative serve not only as a symbol but as a lasting expression of our community’s deep appreciation for the sacrifices made by those who served, reminding all who see it of the price of our freedom and the courage of our veterans. Page 555 of 596 CITY OF NIAGARA FALLS By-law No. 2025-065 A by-law to amend Schedule 11 “Commercial Parking Lots” to By-law No. 2001-31, being a by- law respecting the issuance of licences in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Scheule 11 “Commercial Parking Lots” to by-law No. 2001-31, as amended by bylaw 2017-131, is amended by deleting the previous Schedule 11 and replacing with the Schedule 11 as found attached to this by-law. 2. Bylaw 2017-131 is hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 17th day of June, 2025. ........................................................ ……........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 556 of 596 COMMERCIAL PARKING LOTS Schedule 11 to By-law No. 2001-31, amended by By-law No. 2025-065 Authority: Municipal Act, R.S.0. 1990, c. M.45, as amended (“Municipal Act”) 1. Definitions The following definition shall apply for the purposes of this By-law “Adequate” means something that is enough or satisfactory to meet a certain standard or requirement as determined by the applicant’s “Engineer”. “City Clerk" for the purpose of this by-law, means the City Clerk or their designates. “Small Commercial Parking lot” means a parking area or structure containing no more than 100 parking spaces, other than a street and used for the temporary parking of two or more vehicles for profit or gain. This does not include a parking facility used exclusively for the parking of motor vehicles of customers, visitors, patrons, employees, students, clients, or patients of a business, educational facility, hospital, medical clinic, nor dental clinic. “Large Commercial Parking Lot” means a parking area or structure containing more than 100 parking spaces other than a street and used for the temporary parking of two or more vehicles for profit or gain. This does not include a parking facility used exclusively for the parking of motor vehicles of customers, visitors, patrons, employees, students, clients, or patients of a business, educational facility, hospital, medical clinic, nor dental clinic. “Engineer” an individual retained by the applicant that is a Professional Engineer registered under The Professional Engineers Act of Ontario, to perform engineering services and conformity to this bylaw. “For profit or gain,” for the purposes of this by-law, includes but is not limited to: (i) receiving payment in exchange for providing a space to park a vehicle; or (ii) including a parking space as a perk, discounted, non-charged or unpaid item, combined with another service that is paid for, such as, but not limited to, a hotel stay or a meal service. “Operator” means a person who, alone or with others, carries on, conducts, operates, maintains, controls, or keeps the business of a commercial parking lot, and “operate”, “Operations" and other words of like import or intent shall be given a corresponding meaning. “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 2. Every person who operates a small or large commercial parking lot within the municipality shall first apply for and obtain an annual licence to do so for each such commercial parking lot. Page 557 of 596 3. Nothing in this Schedule shall relieve or exempt any person from the obligation to comply with the requirements of any other by-law of the Municipality in force from time to time or from the obligation to obtain any licence, permit, authority or approval required under any other by-law of the Municipality. 4. Notwithstanding section 3 of this by-law, where a parking lot is a permitted use in the zone in which it is located, a small commercial parking lot shall be exempt from the regulations contained in Zoning By-law 79-200. 5. Notwithstanding section 3 of this by-law, where a parking lot is a permitted use in the zone in which it is located, a small commercial parking lot shall be exempt from site plan control. 6. Every person who operates a large commercial parking lot within the municipality shall be subject to all applicable City By-laws including but not limited to the City’s Zoning By-law. 7. Every person who operates a large commercial parking lot within the municipality shall be subject to site plan control and must adhere to the site plan guidelines in effect. 8. The operator of every small and large commercial parking lot shall ensure: (1) that all signs and required facilities are maintained in conformity with all applicable provisions hereinbefore set forth; (2) that every entrance, exit, and access aisle is kept unobstructed for its full length and width, and that all entry, parking and discharge of vehicles is conducted only as indicated on the plans submitted with the application for licence or as subsequently authorized, provided that this subsection shall not be deemed to prohibit a suitable ticket office or automatic control device which does not contribute to congestion or unreasonably obstruct any means of ingress or egress; (3) that if the operator engages in driving, operating ,or moving motor vehicles parked or stored at or upon the licensed premises, that the operator be the holder of a valid driver's licence as defined under the Highway Traffic Act R.S.O. 1990 Chapter H. 8, as amended, and shall not employ any person or permit any employee to drive or operate such motor vehicle unless such person is the holder of a valid driver's licence, as defined under the Highway Traffic Act; (4) that except in the case of a metered or automatically controlled commercial parking lot, a competent attendant is on duty at all times during business hours as indicated on the sign; (5) that no soliciting occurs, on any highway, sidewalk or property within the jurisdiction of the Municipality, on behalf of the licensed commercial parking lot; (6) that no signs displayed on the licensed premises resemble or be constructed to resemble the City’s official approved parking lot signage existing or amended and all signs and adhere to sign by-law No. 2021-24; (7) that no person is allowed to loiter about the premises; and Page 558 of 596 (8) that the licensed premises be kept free from dirt, debris, snow, ice or other foreign substances and be kept in a clean and neat condition, and that any sidewalk or street upon which such premises abuts, be kept free from dirt, debris, snow, ice or other foreign substance derived from such premises or resulting from the use thereof. (9) that the parking lot does not negatively affect the parking requirements of Zoning By-law 79-200 for any other use on the property. 9. An application for a small or large commercial parking lot licence shall be made in writing, filed with the City Clerk, and: (1) shall show the applicant's name and postal address, the name and address of the commercial parking lot and a drawing of the proposed commercial parking lot, a full legal description of the premises used or proposed to be used, together with any sufficient particulars of arrangements for carrying on the business. 10. Every person operating a small or large commercial parking lot shall: (1) submit to the City Clerk, prior to the issuance or renewal of a licence under this Schedule, proof of a policy of comprehensive public liability insurance on an occurrence basis against claims for personal or bodily injury, death, property damage, or other claim, in the amount of at least $2,000,000.00, exclusive of interest and all costs, in respect of any one occurrence. (2) give at least 30 days’ notice in writing to the City Clerk of any cancellation, expiry or variation in the amount of the policy. 11. Every person so licensed shall be subject to the provisions of this Schedule. 12. Licencing signage shall be displayed in a conspicuous place, where it may readily be seen by every driver of a motor vehicle about to enter the premises bearing in clear and legible letters and figures no less than ten and no more than thirty centimeters high, the name of the operator, and the licence number of the licence issued by the City Clerk for the operation of the subject commercial parking lot. 13. Garbage receptacles, properly constructed of steel, or another suitable material, and be placed at central location, in the numbers prescribed by the following table: Capacity of Parked Vehicles Receptacles Required 1 Through 50 1 Each additional 50 +1 14. Every operator licensed under this Schedule shall at all times permit any person authorized by Council to enter the licensed premises and make such inspection as they deemed necessary in order to ascertain whether or not the provisions of this Part are being complied with. Page 559 of 596 15. Any proposed connections to municipal infrastructure (i.e. watermains and sewers) and any works being proposed within the Public Road Allowance shall require a Municipal or Regional Road Occupancy Permit to be issued prior to commencement of such works. The applicant will be required to furnish supplementary drawings and reports prepared by their Engineer in support of the connections to municipal infrastructure. 16. In addition, to the other relevant provisions in this by-law every small commercial parking lot shall be so designed, constructed and equipped as to be suitable in all respects for the purposes for which it is used or intended to be used, and must comply with the following: (1) provide a 1 m setback from street right of ways, fire hydrants, poles and adjacent driveways. Relief may be granted from this provision upon the discretion of the Senior Manager of Municipal Enforcement Services or designate. (2) any new building or structure proposed in conjunction with the small commercial parking lot should be setback at least 1m from all property lines. (3) ensure the parking lot has an adequate drainage system that does not adversely affect adjacent properties or the public road allowance. (4) ensure that all parking lots consist of a stable surface (asphalt, concrete, permeable pavers) in accordance with normal construction specifications. (5) the location of the vehicular entrances and exits must be setback at least 1 metre from every abutting entrance or exit driveway except where the driveway serves both properties as a combined entrance and exit. (6) ensure that a visual and physical buffer is provided where a commercial parking lot abuts a residential property in order to mitigate potential impacts. This buffer may consist of a continuous landscape strip or a solid, wooden privacy fence with a minimum height of 1.8 metres, constructed in accordance with the City’s standard Typical Wood Fence Detail. (7) ensure that the parking lot is adequately illuminated to restrict light trespass onto adjacent private residential properties and to reduce glare that may adversely affect motorists. (8) ensure the parking lot has accessible spaces in accordance with By-law No. 2019-44. (9) ensure that the parking lot is located in a zone that permits a parking lot. 17. Every operator licensed under this Schedule shall pay an annual licence fee for each commercial parking lot in accordance with the City’s Schedule of fees By-law. 18. Non-compliance with this by-law will be enforced in accordance with the provisions of the Page 560 of 596 Administrative Monetary Penalties System (“AMPS”) for Non-Parking Matters By-law No. 2024-045 and By-law No. 2025-018, as amended (collectively, the “AMPS By-laws”), in particular, with respect to the penalty shown for By-law No. 2001-31, Schedule 11, Section 8(5) therein. 19. An administrative penalty under the AMPS By-laws, including any administrative fee, 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. Page 561 of 596 CITY OF NIAGARA FALLS By-Iaw No.2025-074 A by-law provides for the adoption of Amendment No.182 to the City of Niagara Falls Official Plan (AM-2024-037). 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.182 to the City of Niagara Falls Official Plan,constituting the attached text and map,is hereby adopted. Read a First,Second and Third time;passed,signed and sealed in open Council this 17thday of June 2025. BILLMATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 562 of 596 OFFICIAL PLAN AMENDMENTNO.182 PART 1 —PREAMBLE (i)Purpose of the Amendment The purpose of the amendment is to permit a maximum density of 109 units per hectare on the subject lands. (ii)Location of the Amendment The amendment applies to lands shown as Special Policy Area 106 on Schedule A — Future Land Use to the City’s Official Plan. (iii)Details of the Amendment Map Changes MAP 1 —Schedule “A”to the Official Plan —Future Land Use has been amended to show the Residential designation with Special Policy Area 106. Text Change PART 2,SECTION 13 —SPECIAL POLICY AREAS,is amended by the addition of Subsection 13.106. (iv)Basis of the Amendment The applicant proposes to construct 28 stack townhouse dwelling units at a maximum density of 109 units per hectare. The subject lands are designated Residential as shown on Schedule A —Future Land Use of the City’s Official Plan. The amendment meets the intent of the Official Plan as the proposal represents efficient use of serviced urban land with an increase of density to 109 units per hectare as both transportation and municipal infrastructure have adequate capacity to accommodate the proposal and will assist in achieving the minimum 50%residential intensification annual target in the Built—Uparea with the increase in density on the subject lands. Allof this part of the document entitled PART 2 —BODY OF THE AMENDMENT,consisting of thefollowingtextandattachedmap,constitute Amendment No.182 to the Official Plan of the City ofNiagaraFalls.Page 563 of 596 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 No.182",shall be identified as Special Policy Area 106 on Schedule A — Future Land Use of the Official Plan. TEXT CHANGE a.PART 2,SECTION 13 —SPECIAL POLICY AREAS,is hereby amended by adding the following subsection: 13.106 SPECIAL POLICYAREA ”106” Special Policy Area “106”applies to approximately 0.26 hectares of land located on the east side of Stanley Avenue north of Morning Glory Court municipally known as a vacant parcel Part Township Lot 18,Stamford,Parts 3 &4,Plan 59R—18159;City of Niagara Falls.Notwithstanding the policies of Part 2,Section 4.2.31,the lands may be developed with a maximum density of 109 units per hectare.Page 564 of 596 Z3 MAP 1 TO AMENDMENT No.182 “mm-'93 SCHEDULE A TO THE OFFICIAL PLAN Area Affectedbythis Amendment D Proposed Change To :SpecialPolicyArea 182 MorningGIOWCt City of Niagara Falls Of?cial PlanExcerptfromSCHEDULE-A -FUTURE LANDUSEEnvironmental"""Conservation AreaW,A IndustrialOpenSpaceResidentialNote:Thisschedule form part ofAmendmentNo.182 to theOf?cialPlanforthe Cityof Niagara Fallsanditmustbereadinconjunctionwiththewrittentext.K:\GiS_Requests\2024\Scheduie\Zonlng\ZoningZOZ4.aprx ”14024037 3/27/2025Page 565 of 596 CITY OF NIAGARA FALLS By-law No.2025-075 A by—lawto amend By—lawNo.79—200,to permit the use of the Lands for the development of 28 stacked townhouse dwelling units,subject to a 3—yearsunset clause. (AM—2024—037) 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—lawand shall be referred to in this by—law as the “Lands”.Schedule 1 is a part of this by—law. The purpose of this by—lawis to amend the provisions of By—lawNo.79—200,to permit the use of the Lands in a manner that would othenNise 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—lawNo.79—200,the provisions of this by—laware to prevail. Notwithstanding any provision of By-law No.79—200to the contrary,the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. The permitted uses shall be the uses permitted in the R5D zone The regulations governing the permitted uses shall be: (a)Minimum frontage 21.18 metres (b)Minimum rear yard depth 4 metres (0)Minimum interior side yard depth i)Between points A and B 3 metres on Schedule 1 ii)Between points C and D 3.9 metres on Schedule 1 dwelling unit(e)Minimum perpendicular width of a 6 metresmanoeuvringaisle(f)Minimum landscaped open space 34%of the lot areaareaPage 566 of 596 (g)The balance of the regulations specified for a R5D use. 6.All other applicable regulations set out in By—lawNo.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 C1 of Schedule “A”of By— law No.79—200by redesignating the Lands from R1E to R5D and numbered 1284.- 10.Should the owner of the Lands not execute a Site Plan agreement to the satisfaction of the City within 3 years of this by—lawcoming into effect,then this by—lawshall be deemed to be repealed and the zoning of the lands zoned R5D— 1284 shall be of no force and effect,and the zoning of the Lands willrevert to the Residential 1E Density (R1E)zone. 11.Notwithstanding clause 10 above,the approval of this by—lawmay be extended by 1 year at the discretion ofthe General Manager of Planning,Building and Development. 12.Section 19 of By—lawNo.79—200is amended by adding thereto: 19.1.1284 Refer to By—lawNo.2025—075 Read a First,Second and Third time;passed,signed,and sealed in open Council this 17thday of June 2025. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 567 of 596 V/ Niagara?rus SCHEDULE 1 TO BY-LAW NO.2025-075 AreaAffectedby this Amendment Amending Zoning By-law No.79-200 Description:Part Township Lot18,Stamford,Parts 3 &4,Plan 59R—18159;City of Niagara Falls Applicant:Growth SocialHouse Inc.(ChrisAdams)Assessment:272510000106100 AM-2024-037K:\GlS‘Requc-s[s\2024\Schedule\Zoning\20nin92024.aprx 5/29/2025Page 568 of 596 CITY OF NIAGARA FALLS By-Iaw No.2025-076 A by—lawprovides for the adoption of Amendment No.185 to the City of Niagara Falls Official Plan (AM—2024-028). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS,IN ACCORDANCE WITH THE PLANNING ACT,1990,AND THE REGIONAL MUNICIPALITYOF NIAGARA ACT,HEREBY ENACT AS FOLLOWS: 1.Amendment No.185 to the City of Niagara Falls Official Plan,constituting the attached text and map,is hereby adopted. Read a First,Second and Third time;passed,signed and sealed in open Council this 17thday of June 2025. éi’t‘t"ll2&é‘6ll;bi‘?'ét‘éiik""""" JAMES M.DIODATI,MAYOR Page 569 of 596 OFFICIAL PLAN AMENDMENT NO.185 PART 1 —PREAMBLE (i) (ii) Purpose of the Amendment The purpose of the amendment is to allow for an increase in the height of the apartment building to 10 storeys on the and to add the Environmental Protection Area to the rear lands. Location of the Amendment The amendment applies to lands shown as Special Policy Area 108 on Schedule A — Future Land Use to the City’s Official Plan. Details of the Amendment Map Changes MAP 1 —Schedule “A”to the Official Plan —Future Land Use has been amended to show Residential in part and Environmental Protection Area in part designation with Special Policy Area 108. Text Change PART 2,SECTION 13 —SPECIAL POLICY AREAS,is amended by the addition of Subsection 13.108. Basis of the Amendment The applicant proposes to construct an apartment building with a height of 10 storeys and to designate the rear lands to an Environmental Protection Area. The subject lands are designated Residential as shown on Schedule A —Future Land Use of the City’s Official Plan. The amendment meets the intent of the Official Plan as the proposal represents efficient use of serviced urban land with an increase of the height for the apartment building to 10 storeys as both transportation and municipal infrastructure have adequate capacity to accommodate the proposal and will assist in achieving the minimum 50%residential intensification annual target in the Built—Uparea with the The amendment allows for the protection of the Provincial Significant Wetland fromtheproposed10storeyapartmentbuilding.An Environmental Site AssessmentdeterminedthatnoendangeredandthreatenedspecieswerediscoveredoutsidethePSW.The PSW and woodlot will not negatively be impacted through theestablishmentofthe15—metrebuffer zone.Page 570 of 596 PART 2 -BODY OF THE AMENDMENT Allof this part of the document entitled PART 2 -BODY OF THE AMENDMENT,consisting of the following text and attached map,constitute Amendment No.185 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 No.185",shall be identified as Special Policy Area 108 on Schedule A — Future Land Use of the Official Plan. 2.TEXT CHANGE a.PART 2,SECTION 13 —SPECIAL POLlCY AREAS,is hereby amended by adding the following subsection: 13.108 SPECIAL POLICY AREA “108” Special Policy Area “108”applies to approximately 2.3 hectares of land located on the north side of McLeod Road between Montrose Road and Kalar Road, municipally known 8055—8065(Part Township Lot 170,Stamford,Part 1 and Part 2 59R-7560;s/t R0604109;City of Niagara Falls).Notwithstanding the policies of Part 2,Section 1.10.5,the lands may be developed to the height of 10 storeys and the rear lands be protected with the establishment of the EPA.Page 571 of 596 .Z4!MAP 1 To AMENDMENTNo.185 “Emmi SCHEDULEA TO THE OFFICIAL PLAN Area Affectedby this Amendment I: Proposed Change To:EnvironmentalProtectionAreaand Special PolicyArea #108 V llhll‘llvli “‘m...lmpx...‘mum». I‘I‘ll.-.‘\.xIllI IlIII.x‘nf.‘ McGarrvDr unnu-“You”rr ii ..giniuli‘‘iuii mi1212)! .n‘)‘..iy.\,‘.\.‘\..'.§.\\‘.}:.\‘.-.- II llrxl>l\ii‘Mm?iv City of Niagara Falls Of?cial PlanExcerptfromSCHEDULE-A -FUTURE LANDUSE4",\'.‘.‘Environmental -“330'CommercialConservationArea'=.Open Space-‘Environmental ‘’ProtectionArea ResidentialNote:Thisscheduleformpart of AmendmentNo.185 to the Of?cialPlanfor the Cityof Niagara Fallsanditmustbereadinconjunctionwiththewrittentext.K:\GIS_Requests\2024\Schadule\Zoning\Zonin92024.aprx Aid-2024028 6/4/2025Page 572 of 596 CITY OF NIAGARA FALLS By-Iaw No.2025-077 A by—lawto amend By—lawNo.79—200,to permit the use of the Lands forthe development of a 10 storey,112—unitapartment dwelling,subject to a 3—yearsunset clause.(AM-2024— 028). 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—laware described and identified in Schedule 1 of this by—lawas Parcel R5F-1290 and Parcel EPA and shall be referred to in this by—lawas the “Lands”.Schedule 1 is a part of this by—law. 2.The purpose of this by—lawis to amend the provisions of By—lawNo.79—200,to permit the use ofthe Lands in a manner that would othenNise be prohibited by this by—law.Inthe case of any conflict between a specific provision of this by—lawand any existing provision of By—lawNo.79—200,the provisions of this by—laware to prevail. 3.Notwithstanding any provision of By—lawNo.79—200to 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: (a)For Parcel R5F—1290,the uses permitted in the R5F zone. (b)For Parcel EPA,the uses permitted in the EPA zone. 5.The regulations governing the permitted uses on Parcel R5F—1290,shall be: (a)Maximum height of a building or 37.7 metres subject to section structure 4.7 of By—lawNo.79—200 (b)Parking and access 1.15 parking spaces for each dwelling unit (0)Minimum landscaped open space 46%of the lot area apartment dwelling unit dwelling unit(e)The balance ofthe regulations specified for a R5F use.6.The regulations governing the permitted uses on parcel EPA,shall be theregulationsspecifiedforanEPAuse.Page 573 of 596 10. 11. 12. 13. Allother applicable regulations set out in By—lawNo.79—200shall continue to apply to govern the permitted uses on the Lands,with all necessary changes in detail. No person shall use the Lands for a use that is not a permitted use. No person shall use the Lands in a manner that is contrary to the regulations. The provisions of this by-law shall be shown on Sheet B5 of Schedule “A”of By— law No.79-200 by redesignating the Lands from TRM to R5F and numbered 1290, in part,and EPA,in part. Should the owner of the Lands not execute a Site Plan agreement,to the satisfaction of the City,within 3 years of this by—lawcoming into effect,then this by—lawshall be deemed to be repealed and the zoning of the lands zoned of R5F— 1290 shall be of no force and effect,and the zoning of the Lands will revert to the TRM zone.The EPA zone will remain in fullforce and effect. Notwithstanding clause 11 above,the approval ofthis by-law may be extended by 1 year at the discretion of the General Manager of Planning,Building and Development. Section 19 of By-law No.79—200is amended by adding thereto: 19.1.1290 Refer to By—lawNo.2025—077 Read a First,Second and Third time;passed,signed,and sealed in open Council this 17thof June 2025. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 574 of 596 i7” Niagara?alls SCHEDULE 1 TO BY-LAW NO.2025-077 Area Affected by this Amendment {XE m E '90‘8323é.q?gggagggggvo0’soo¢¢<090/999 owwz‘?}vvvvm,\b90 ooooos ’:szozozzozozozozozozc:Q???????????\‘o’oto’““4““a .//A Amending Zoning By-law No.79-200 Description:Part Township Lot170,Stamford,Part1 and Part 2,59R—7560;s/t RO604109;Cityof Niagara Falls Applicant:Niagara FallsNon—Pro?tHousingAssessment:272509000646300 AM-2024-028K:\GlS_ReqLiests\2024\SchedUle\Zoning\Zonln92024.aprx 5/29/2025Page 575 of 596 CITY OF NIAGARA FALLS By-law No. 2025-078 A by-law to amend By-law No. 79-200 to permit the use of the Lands for the purpose of 42 stacked townhouse dwelling units, subject to a 3-year sunset clause (AM-2025-004). 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 that 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 R4 zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 95.85 square metres for each dwelling unit (b) Minimum front yard depth for a stacked townhouse dwelling 2.9 metres + 15.25 metres from the centreline of McLeod Road (c) Minimum rear yard depth for a stacked townhouse dwelling 6 metres (d) Minimum interior side yard width 3 metres (e) Parking and access requirements 1.1 parking spaces for each dwelling unit (f) Minimum landscaped open space 20.73 square metres for each dwelling unit Page 576 of 596 2 (g) Minimum amenity space for an apartment dwelling unit or stacked townhouse dwelling unit 10.8 square metres for each dwelling unit (h) Minimum perpendicular width of manoeuvring aisle: (i) for a shared drive aisle (ii) For all other parking spaces 3.75 metres 6 metres (i) The balance of the regulations specified for an R4 use. 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. Should the owner of the Lands not execute a Site Plan agreement, to the satisfaction of the City, within 3 years of this by-law coming into effect, then this by-law shall be deemed to be repealed and the zoning of the lands zoned R4-1294 shall be of no force and effect, and the zoning of the Lands will revert to the R4 zone. 10. Notwithstanding clause 9 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 11. 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 R4-1294. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1290 Refer to By-law No. 2025-1294. Read a First, Second and Third time; passed, signed and sealed in open Council this 17th day of June, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 577 of 596 Page 578 of 596 CITY OF NIAGARA FALLS By-law No. 2025 – 079 A by-law to amend By-law No. 2021-24, to delegate approval of sign by-law amendments to the General Manager of Planning, Building and Development or their Designate, reduce the notice time period, adjust the outlined process and provide for an appeal process for sign by-law amendments, permit the issuance of Sign Permits for minor variances within the appeal period if the applicant proceeds with a sign permit application, and make position title changes. WHEREAS the Council of the City of Niagara Falls passed By-law No. 2021-24 on November 9, 2021, to prohibit and regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls (the “Sign By-law”); AND WHEREAS the Council of the City of Niagara Falls approved the recommendations of Council Report PBD-2025-42 on June 17th, 2025, to amend the Sign By-law to delegate the approval of Sign By-law amendments to the General Manager of Planning, Building and Development or their Designate, reduce notice requirements, provide for an appeal process and other housekeeping changes; AND WHEREAS it is deemed desirable to amend the Sign By-law accordingly, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 3- ADMINISTRATION of By-law No. 2021-24 is amended as follows: (i) The following new subsection is added as subsection 3.3.8.: 3.3.8. The provisions of this By-law shall not apply to prevent the installation of a sign for the purpose of public service by The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, any local board as defined in The Municipal Affairs Act, R.S.O 1990,c.M.46, the Niagara Peninsula Conservation Authority, The Niagara Parks Commission, the Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c.M.19; and any Department or Ministry of the Government of Canada or Ontario including Ontario Hydro, or by any railway, power commission, telephone, telecommunication, or gas company or other utility supplying public services provided that the sign shall be designed and installed in accordance with the general character of the sign district and general regulations of the sign type. Page 579 of 596 2. That SECTION 20- VARIANCES of By-law No. 2021-24 is amended by adding the following sentence at the end of subsection 20.12 (a): “A sign permit application and receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council.” 3. That SECTION 21- AMENDMENTS of By-law No. 2021-24 is amended as follows: (i) Subsection 21.2 is deleted and replaced as follows: 21.2 The Planning, Building and Development Department shall prepare a report for the consideration of the General Manager of Planning, Building and Development or their Designate, that provides for an assessment of the application, the reasons for the amendment and a recommendation to the General Manager of Planning, Building and Development or their Designate. (ii) Subsection 21.4 is amended by replacing the number “20” with the number “10” and deleting the phrase “day of the”. (iii) Subsections 21.4 and 21.5 are amended by replacing the phrase “public meeting” with “date of decision”. (iv) Subsection 21.5 is amended by deleting the words “date, time and location of the”. (v) Subsection 21.6 is amended by deleting the phrase “attend the public meeting” and replacing it with “correspond with the General Manager of Planning, Building and Development or their Designate”. (vi) Subsections 21.7 and 21.8 are amended by replacing the phrase “Council” with “General Manager of Planning, Building and Development or their Designate”. (vii) Subsection 21.8 is further amended by adding the word “The” before “General Manager of Planning, Building and Development or their Designate”. (viii) Subsection 21.9 is deleted and replaced as follows: 21.9 In the event that the General Manager of Planning, Building and Development or their Designate has refused to grant the amendment, the applicant may appeal the refusal to Council and the following rules shall apply: Page 580 of 596 (a) The applicant shall deliver written notice of his intention to appeal to City Council in the prescribed form together with the prescribed fee within ten days of the date of the decision. A sign permit application and a receipt of a permit within ten days of the date of the decision shall waive the ability of the applicant to appeal the decision to City Council. (b) The General Manager of Planning, Building and Development or their Designate shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard. (c) The General Manager of Planning, Building and Development or their Designate shall submit a report to Council stating the rationale for the decision. (d) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (e) Council may uphold, vary or refuse the recommendation of the General Manager of Planning, Building and Development or their Designate. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. (f) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the General Manager of Planning, Building and Development or their Designate is final. (ix) Subsection 21.3 is deleted and the subsequent subsections are renumbered accordingly. (x) The following new subsection is added as subsection 21.1 and the subsequent subsections are renumbered accordingly: 21.1 Council hereby delegates the authority to grant amendments to this By-law to the General Manager of Planning, Building and Development or their Designate. 4. That By-law No. 2021-24 is amended in its entirety by deleting all references to “Director of Planning, Building and Development” and replacing it with “General Manager of Planning, Building and Development or their Designate”. 5. All other applicable provisions and regulations set out in By-law No. 2021-24 shall remain the same and continue to apply. Page 581 of 596 6. 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, if applicable, after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 17th day of June, 2025. ........................................................ ..................................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 582 of 596 CITY OF NIAGARA FALLS By-law No. 2025 - 080 A by-law to amend By-law No. 2019-35, to waive the requirement of an annual registration fee for Service dogs. WHEREAS By-law No. 2019-35, was passed by the Council of The Corporation of the City of Niagara Falls on March 19, 2019, to regulate animal care and control within the City of Niagara Falls; AND WHEREAS the Council of the City of Niagara Falls approved the waiving of an annual registration fee for Service dogs as defined in By-law No. 2019-35; AND WHEREAS it is deemed desirable to amend By-law No. 2019-35 accordingly, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Section 3.2 of By-law No. 2019-35 is amended by adding the following subsection 3.2.4: “3.2.4. For a Service Dog as defined herein, proof of health practitioner’s note/report advising that a service canine is needed. 2. That Schedule “C” - Fees and Charges of By-law No. 2019-35 is amended by adding the following fee: f Service dog registration $0.00 3. All other applicable provisions and regulations set out in By-law No. 2019-35 shall remain the same and continue to apply. 4. 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 17th, day of June 2025. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 583 of 596 CITY OF NIAGARA FALLS By-law No. 2025 - 081 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules “B”, “C” and “J” and that Schedules “B”, “C”, and “J” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 17th day of June, 2025. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 584 of 596 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Jonathan Cook Mike Formica Lee Halliday Jana Mills Brian Sparks Patrick Vernon Heather Stones Gerald Spencer Paul Brown Chris Daniele Florina Andrei SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Mike Formica Lee Halliday Jana Mills Brian Sparks Patrick Vernon Heather Stones Chris Daniele Kaven Bowen Richard Comilang Amanda Diprose John Garvie Jay Modi Tony Shivpershad Romane Wilson Eve Matyskiewicz Jaxon Beaman Stew Frerotte Douglas Goodings Florina Andrei Jonathan Cook Page 585 of 596 SCHEDULE “J” 1 Appointment of Screening Officers, as referred to in By-law 2014-65 Individuals have the right to dispute a Penalty Notice, regarding parking fines, by requesting a Screening Review meeting overseen by a Screening Officer who has the authority to uphold, cancel or reduce the penalty. The holder of the Penalty Notice has up to 15 days after the Screening Officer’s decision to appeal the outcome of the Screening Review meeting and proceed to a Hearing Review meeting 1. Now therefore the Council for the City of Niagara Falls hereby appoints: Paul Brown Liberty Young Jacqueline Morningstar Roberta Hawkins Rita Tonet Page 586 of 596 CITY OF NIAGARA FALLS By-law No. 2025 - 082 A by-law to enter into an agreement with the Ministry of Infrastructure related to the provincial Transfer Payment Agreement for Municipal Housing Infrastructure Program – Housing-Enabling Core Servicing Stream. WHEREAS The Ministry of Infrastructure of the Province of Ontario has a program to provide funding under the Housing Infrastructure Program – Housing-Enabling Core Service Stream. This stream will fund projects aimed at the development, repair, rehabilitation and expansion of municipal roads and bridges to promote growth and enable housing for growing and developing communities. AND WHEREAS The Corporation of the City of Niagara Falls is desirous of taking part in the program; AND WHEREAS The Ministry of Infrastructure requires the City of Niagara Falls to enter into a Letter of Agreement with the Ministry of Infrastructure in order to participate; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the Mayor and the City Clerk to execute a Letter of Agreement, between His Majesty the King in right of the Province of Ontario, represented by the Minister of Infrastructure for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Transfer Payment Agreement for Municipal Housing Infrastructure Program – Housing-enabling Core Servicing Stream, is hereby approved. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a first, second and third time; passed, signed and sealed in open Council this 17th day of June, 2025. ........................................................... ..................................................... . WILLIAM G. MATSON, JAMES M. DIODATI, MAYOR CITY CLERK Page 587 of 596 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2025 - 083 A by-law to amend By-law No. 89-2000, being a by- law to regulate parking and traffic on City Roads. (Pedestrian Crossovers, Parking Prohibited, Speed Limits on Highways (Part 2 - 60 km/h), Stop Signs At Intersections, Community Safety Zones) --------------------------------------------------------------- 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 AB thereto the following items: PEDESTRIAN CROSSOVERS COLUMN 1 HIGHWAY COLUMN 2 LOCATION Briarwood Avenue 60 metres south of Meadowvale Drive Brookdale Drive 60 metres south of Nero Crescent Dorchester Road 60 metres south of Dolphin Street Fieldstone Avenue 40 metres north of Pamela Drive Kevin Drive 50 metres south of Donlee Drive Mitchell Avenue 60 metres south of Dolphin Street Page 588 of 596 (b) by removing from the specified columns of Schedule W-60 thereto the following items: SPEED LIMITS ON HIGHWAYS (PART 2 – 60 KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Chippawa Pkwy. A point 300 m south of Thomas St. and Dorchester Rd. 60 Dorchester Rd. Oldfield Rd. and Chippawa Pkwy. 60 (c) by adding to the specified columns of Schedule W-60 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 2 – 60 KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Chippawa Parkway Stanley Avenue and a point 300 metres south of Thomas Street 60 (d) 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 Frila Court North Montrose Road and a point 50 metres east of Montrose Road At All Times Dunn Street North Level Avenue and Cleveland Avenue At All Times Dunn Street South A point 18 metres east of Level Avenue and Orchard Avenue At All Times Page 589 of 596 (e) by removing from the specified column of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Dunn Street North Level Avenue and Orchard Avenue At All Times Dunn Street South A point 10 metres west of Level Avenue and Orchard Avenue At All Times (f) by removing from the specified column of Schedule AD thereto the following item: COMMUNITY SAFETY ZONES COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 TIMES/DAYS Kalar Road A point 130 metres north of Forestview Boulevard/Rideau Street and a point 105 metres south of McLeod Road At All Times (g) by adding to the specified column of Schedule AD thereto the following item: COMMUNITY SAFETY ZONES COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 TIMES/DAYS Kalar Road A point 130 metres north of Forestview Boulevard/Rideau Street and Elderberry Drive At All Times (h) by adding to the specified column of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Biamonte Parkway and Highway 420 Off Ramp Westbound on Biamonte Parkway Page 590 of 596 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 17th day of June, 2025. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 591 of 596 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2025 - 084 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at Intersections). --------------------------------------------------------------- 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 P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Abbey Circle at Fairway Road Westbound on Abbey Circle Angela Crescent at Alpine Drive South-westbound on Angela Crescent Argyll Crescent at Margaret Street Southbound on Argyll Crescent Argyll Crescent at Margaret Street Southbound on Argyll Crescent Atlas Street at Frances Avenue Westbound on Atlas Street Baker Crescent at Wiltshire Boulevard Northbound on Baker Crescent Baker Crescent at Wiltshire Boulevard Westbound on Baker Crescent Barton Crescent at Amelia Crescent Westbound on Barton Crescent Bishop Avenue at Cathedral Drive Southbound on Bishop Avenue Page 592 of 596 COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Brant Avenue at Skinner Street Eastbound on Skinner Street Brant Avenue at Arad Street Eastbound on Arad Street Brian Crescent at Harvard Avenue Westbound on Brian Crescent Brian Crescent at Harvard Avenue Westbound on Brian Crescent Cabot Drive at David Avenue Southbound on Cabot Drive Cabot Drive at Stevens Street Westbound on Cabot Drive Calagurio Drive at Christine Court North-eastbound on Christine Court Calagurio Drive at January Drive Southbound on January Drive Catharine Crescent at Calaguiro Drive South-eastbound on Catharine Crescent Caledonia Street at Leawood Court Eastbound on Leawood Court Cherryhill Drive at Pinedale Drive Westbound on Cherryhill Drive Concord Crescent at Winston Street Northbound on Concord Crescent Dawn Crescent at Fleming Drive Southbound on Dawn Crescent Dayman Avenue at Coholan Street Southbound on Daymen Avenue Dellpark Drive at Topaz Crescent South-eastbound on Topaz Crescent Dellpark Drive at Lepp Avenue Southbound on Lepp Avenue Demetre Crescent at Winston Street South-eastbound on Demetre Crescent Devon Drive at Hampton Court North-westbound on Hampton Court Devon Drive at Regent Court Westbound on Regent Court Dirdene Street at Close Avenue Northbound on Close Avenue Dirdene Street at Sussex Drive Westbound on Dirdene Street Duke Avenue at Arthur Street Northbound on Duke Avenue Edenwood Court at Olden Avenue South-westbound on Edenwood Court Ellis Street at Erie Avenue Southbound on Erie Avenue Fairfield Place at Devon Drive Westbound on Fairfield Place Fairway Road at Sauterne Place Eastbound on Sauterne Place Fern Avenue at Chelsea Crescent Southbound on Chelsea Crescent Fern Avenue at Bristol Crescent Southbound on Bristol Crescent Fern Avenue at Thames Crescent North-westbound on Thames Crescent Francesco Avenue at Barrett Crescent Eastbound on Barret Crescent Freeman Street at Apollo Crescent South-eastbound on Apollo Crescent Page 593 of 596 COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Freeman Street at Petrie Court North-westbound on Petrie Court Jordan Avenue at Cooper Drive Northbound on Jordan Avenue Keiffer Street at University Avenue Eastbound on Keiffer Street Laurentian Court at Armstrong Drive Northbound on Laurentian Court London Court at Crawford Street Northbound on London Court Marisa Crescent at Alphine Drive South-eastbound on Marisa Crescent Marieclaude Avenue at Cooper Drive Northbound on Mariaclaude Avenue Maureen Crescent at Balmoral Avenue Southbound on Maureen Crescent McColl Drive at Wiltshire Boulevard Westbound on McColl Drive Nero Crescent at Brookdale Drive South-eastbound on Nero Crescent Noella Crescent at Woodington Road Southbound on Noella Crescent Notre Dame Court at Cardinal Drive Southbound on Notre Dame Court Odessa Court at Crawford Street North-eastbound on Odessa Court Parkwood Court at Costabile Drive Southbound on Parkwood Court Patricia Court at Mitchell Avenue Westbound on Patricia Court Ridgewood Crescent at Woodfield Avenue Southbound on Ridgewood Crescent (East Intersection) Ridgewood Crescent at Woodfield Avenue Southbound on Ridgewood Crescent (West Intersection) Siena Court at Cavendish Drive Northbound on Siena Court Sootheran Drive at Wilson Crescent Westbound on Sootheran Drive Thornhill Crescent at Meadowvale Drive Westbound on Thornhill Crescent Thornton Street at Brookdale Drive South-eastbound on Thornton Street Third Avenue at Armoury Street Northbound on Third Avenue Woodington Road at Woodfield Avenue Westbound on Woodington Road Yale Crescent at McGill Street Northbound on Yale Crescent Yvette Crescent at Alpine Drive North-eastbound on Yvette Crescent Page 594 of 596 b) by removing from the specified columns of Schedule Q thereto the following items: YIELD SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Cherryhill drive at Pinedale Drive Westbound on Cherryhill Drive Keiffer Street at University Avenue Eastbound on Keiffer Street 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 17th day of June, 2025. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 595 of 596 CITY OF NIAGARA FALLS By-law No. 2025 - 085 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 17th day of June, 2025. 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 17th day of June 2025 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 17th day of June, 2025. ........................................................ ……........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 596 of 596