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Bill No. 2022-71
Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 1 of 22
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2022-71
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR
THE REGIONAL MUNICIPALITY OF NIAGARA
WHEREAS subsection 2(1) of the Development Charges Act, 1997, as amended c. 27
(hereinafter called "the Act") provides that the council of a municipality may pass By-
laws for the imposition of development charges against land for increased capital costs
required because of the need for services arising from development in the area to
which the By-law applies;
AND WHEREAS the Council of the Corporation of The Regional Municipality of
Niagara has given Notice on June 9, 2022 according to section 12 of the Development
Charges Act, 1997, as amended, of its intention to pass a By-law under Section 2 of
the Act;
AND WHEREAS the Council of the Corporation of The Regional Municipality of
Niagara has heard all persons who applied to be heard no matter whether in objection
to, or in support of, the development charge proposal at a public meeting held on June
30, 2022;
AND WHEREAS the Council of the Corporation of The Regional Municipality of
Niagara had before it a report entitled Development Charge Background Study dated
May 19, 2022 and updated May 30, 2022 prepared by Watson & Associates
Economists Ltd., wherein it is indicated that the development of any land within The
Regional Municipality of Niagara will increase the need for services as defined herein;
AND WHEREAS the Council of the Corporation of The Regional Municipality of
Niagara on June 23, 2022 approved the applicable Development Charge
Background Study, inclusive of the growth, development and capital estimates
therein, in which certain recommendations were made relating to the establishment
of a development charge policy for The Regional Municipality of Niagara pursuant to
the Development Charges Act, 1997, as amended;
AND WHEREAS the Council of the Corporation of The Regional Municipality of
Niagara on July 21, 2022 determined that no additional public meeting was required to
be held as part of the approval process;
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 2 of 22
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
DEFINITIONS
In this By-law:
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended;
"agricultural use" means use or intended use for bona fide farming purposes
(a) including (but not limited to):
(i) cultivation of crops, whether on open land or in greenhouses, including (but
not limited to) fruit, vegetables, herbs, grains, field crops, marijuana, sod,
trees, shrubs, flowers, and ornamental plants;
(ii) raising of animals, including (but not limited to) cattle, horses, pigs, poultry,
livestock, fish; and
(iii) agricultural animal husbandry, dairying, equestrian activities, horticulture,
fallowing, pasturing, and market gardening;
(b) but excluding:
(i) retail sales activities; including but not limited to restaurants, banquet
facilities, hospitality facilities and gift shops;
(ii) services related to grooming, boarding, or breeding of household pets; and
(iii) marijuana processing or production facilities.
"ancillary" means a use, building, or structure that is normally incidental and/or
subordinate and is exclusively devoted to a main use and/or a building and/or structure,
and is located on the same lot therewith.
"apartment dwelling" means any residential building containing seven or more dwelling
units where the units are connected by an interior corridor, but does not include a
special care/special dwelling unit/room, or dormitories;
"archeological site" means an assessment under the relevant Act carried out by a
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
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consultant archeologist when the land is known to have an archeological site on it, or
has the potential to have archaeological resources;
"back-to-back townhouse dwelling" means a building containing more than two dwelling
units separated vertically by a common wall, including a rear common wall, that do not
have rear yards;
"bedroom" means a habitable room including a den, study, or other similar area that is
larger than eight square metres, but does not include a living room, dining room,
kitchen or bathroom.
"board of education" means a board as defined in the Education Act, R.S.O. 1990, c.
E.2, as amended;
"brownfield" means land located within the urban areas as defined from time to time in
the Regional Official Plan, upon which there has been previous agricultural, industrial,
institutional, or commercial or open lands use or other use as prescribed under the
Environmental Protection Act, R.S.O. 1990, c.E.19 and Ontario Regulation 153/04
thereto, each as amended from time to time, and for which site remediation is required
in accordance with a Phase 2 Environmental Site Assessment, and for which a Record
of Site Condition has been filed on the Province's Brownfields Environmental Site
Registry pursuant to the Environmental Protection Act, R.S.O. 1990, c.E.19 and Ontario
Regulation 153/04 thereto, each as amended from time to time;
"building permit" means a permit pursuant to the Building Code Act, 1992, S.O. 1992, c.
23, as amended;
"class" means a grouping of services combined to create a single service for the
purposes of this By-law and as provided in Section 7 of the Development Charges Act.
Also referred to as class of service or classes of services.
"commercial purpose" means any building or structure used, designed or intended for
use for or in connection with the purchase and/or sale and/or rental of commodities; the
provision of services for a fee; or the operation of a business office, including but not
limited to:
(a)
Accommodations including but not limited to hotels and motels, bed and
breakfast, or short-term rentals;
(b)
personal or self-storage facilities;
(c)
Wholesale trade;
(d)
Retail trade;
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 4 of 22
(e)
Auto repair shops;
Car sales/dealers;
(f)
Warehousing of goods where manufacturing, producing, and
processing of the goods is not completed on site;
(g)
Food Services;
(h)
Parking structures not used exclusively by a residential structure.
"development" means the construction, erection or placing of one or more buildings or
structures on land or the making of an addition or alteration to a building or structure
that has the effect of increasing the size or usability thereof, and includes
redevelopment; notwithstanding the foregoing, development does not include
temporary structures, including but not limited to, seasonal hoop structures, seasonal
fabric structures, tents, or produce sales stands;
"dwelling room" means each bedroom used, designed or intended for use by one or
more persons living together in a lodging home, dormitories, or special care/special
dwelling;
"dwelling unit" means one or more rooms used, designed or intended to be used by one
or more persons as a residence and which has access to culinary and/or sanitary
facilities.
"existing industrial building" means an industrial building or industrial buildings existing
on a site in the Regional Municipality of Niagara as of July 21, 2022 or the industrial
buildings or industrial structures constructed and occupied on a vacant site pursuant to
site plan approval under section 41 of the Planning Act, R.S.O. 1990, c. P.13 (the
"Planning Act") subsequent to July 6, 2012 for which development charges were
exempted or paid for;
"gross floor area" means the total floor area, measured between the outside of exterior
walls, virtual walls or between the outside of exterior walls or virtual walls and the
centre line of party walls dividing the building from another building, of all floors and
mezzanines, above and below the average level of finished ground adjoining the
building at its exterior walls;
"group home" means a dwelling for the accommodation of three to eight residents,
supervised by agency staff and funded wholly or in part by any government or its
agency and approved or supervised by the Province of Ontario under any Act.
"hospice" means a building or portion of a mixed-use building designed and intended to
provide palliative care and emotional support to the terminally ill in a home or homelike
setting so that quality of life is maintained, and family members may be active
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
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participants in care.
"industrial use" means land, buildings or structures used for or in connection with
manufacturing by:
(a)
manufacturing, producing, and processing goods for a commercial
purpose, as well as storing and/or distribution of goods manufactured,
produced or processed on site;
(b)
research or development in connection with manufacturing, producing or
processing good for a commercial purpose;
(c)
retail sales by a manufacturer, producer or processor of goods they
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place;
(d)
office or administrative purposes, if it is:
(i)
carried out with respect to manufacturing, producing, processing,
storage or distributing of something; and
(ii)
in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution;
"institutional" means lands, buildings or structures used or designed or intended for use
by an organized body, society or religious group for promoting a public or non-profit
purpose and offices where such uses are accessory to an institutional use which
includes but is not limited to:
(a)
Federal government public administration;
(b)
Provincial government public administration;
(c)
Local, municipal and regional public administration;
(d)
Aboriginal public administration;
(e)
Day care facility excluding in home day care;
(f)
Administrative offices owned and used by a non-profit or charitable
entity;
(g)
Medical doctor office or hospital;
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 6 of 22
(h)
Places of worship excluding space that is designed for a commercial
use.
"live/work unit" means a unit which contains separate residential and non-residential
areas intended for both residential and non-residential uses concurrently, and shares a
common wall or floor with direct access between the residential and non-residential
areas.
"local board" means a municipal service board, transportation commission, public
library board, board of health, police services board, planning board, or any other
board, commission, committee, body or local authority established or exercising any
power or authority under any general or special Act with respect to any of the affairs or
purposes of one or more local municipalities or the Region, including Niagara Regional
Housing, but excluding a board of education, a conservation authority, any municipal
services corporation that is not deemed to be a local board under O. Reg. 599/06 made
under the Municipal Act, 2001, S.O. 2001, c.25, as amended.
"local municipality" means any one of the municipalities of the Town of Fort Erie, Town
of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on-the-Lake, Town
of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of
Wainfleet, City of Welland, and the Township of West Lincoln;
"lodging home" means a boarding, lodging, or rooming house in which lodging is
provided for more than four persons in return for remuneration or for the provision of
services, or for both, and in which the lodging rooms do not have both bathrooms and
kitchen facilities for the exclusive use of individual occupants.
"long term care home" means homes, nursing homes or homes for the aged where the
Ministry of Health and Long Term Care funds the care provided in such homes and
application for accommodation is made through a Community Care Access Centre.
"mezzanine" means an intermediate floor assembly between the floor and ceiling of any
room or story and includes an interior balcony;
"mixed-use building" means a building or structure used for both residential and non-
residential use;
"multiplex dwelling" means a residential building containing three or more dwelling
units, each of which unit a separate entrance to grade has;
"municipal housing project facilities" has the same meaning as that specified in the
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
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Region's Municipal Housing Facility By-law (No. 34-2004), as may be amended;
"non-profit Housing Development" means development of a building or structure
intended for use as residential premises by,
(i)
a corporation without share capital to which the Corporations Act applies,
that is in good standing under that Act and whose primary object is to
provide housing;
(ii)
a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and
whose primary object is to provide housing; or
(iii)
a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act, or any successor legislation.
"non-residential building" means a building or structure used exclusively for non-
residential use;
"non-residential use" means use or intended use for any purpose other than human
habitation and includes, but is not limited to, an institutional use, an industrial use, and
a commercial use;
"on-site farm accommodations" means a dwelling unit for seasonal or full-time farm
help located within a farm building, ancillary to a farm and location on the same lot
therewith;
"other multiple" means all residential units other than a single detached dwelling, semi-
detached dwelling, apartment dwelling or a special care/ special dwelling room,
including, but not limited to, row dwellings, multiplex dwelling, back-to-back townhouse
dwelling, stacked townhouse dwelling, apartment buildings containing less than 7 units
and the residential component of live/work units;
"place of worship" means any building or part thereof that is owned by a church or
religious organization that is exempt from taxation as a place of worship pursuant to
the Assessment Act, R.S.O. 1990, c. A.31, as amended;
"Region" means The Regional Municipality of Niagara;
"Regulation" means O. Reg. 82/98 under the Act, as amended;
"rental Housing" means development of a building or structure with four or more
dwelling units all of which are intended for use as rented residential premises;
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
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"residential building" means a building used exclusively for residential use, including but
not limited to a single detached dwelling, a semi-detached dwelling, a row dwelling,
stacked townhouse dwelling, back-to-back townhouse dwelling, a multiplex dwelling, an
apartment dwelling, a dwelling room; or the residential component of a live/work unit;
"residential use" means use or intended use for human habitation and ancillary
purposes, and includes such use related to agricultural use, including farm help
houses, but does not include a hotel/motel use; for purposes of this definition "ancillary
purposes" includes (but is not limited to) vehicle storage and equipment storage;
"row dwelling" means a residential building containing three or more dwelling units
separated by vertical division, each of which units has a separate entrance to grade;
"semi-detached dwelling" means a dwelling unit in a residential building consisting of
two dwelling units separated by vertical division each of which units has a separate
entrance to grade;
"single detached dwelling" means a residential building containing one dwelling unit
and not attached to another structure. Where it is attached to another structure by
footings or below grade walls only, it shall be considered a single detached dwelling for
the purposes of this By-law;
"site" means a parcel of land which can be legally conveyed pursuant to Section 50 of
the Planning Act and includes a development having two or more lots consolidated
under one identical ownership.
"special care/special dwelling unit/room" means a residence (not including a farm help
house)
(a)
containing two or more dwelling rooms, which rooms have common
entrance from street level; and
(b)
where the occupants have the right to use in common with other
occupants, halls, stairs, yards, common room and accessory buildings;
and
(c)
that is designed to accommodate persons with specific needs, including
but not limited to, independent permanent living arrangements; and
where support services, such as meal preparation, grocery shopping,
laundry, housing, nursing, respite care and attending services are
provided at various levels; and includes but is not limited to retirement
homes or lodges, group homes, dormitories, and hospices.
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Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 9 of 22
"stacked townhouse dwelling" means a building containing two or more dwelling units
where each dwelling unit is separated horizontally and/or vertically from another
dwelling unit by a common wall or floor;
"use" means either residential use or non-residential use.
"wind turbine" means a part of a system that converts energy into electricity, and
consists of a wind turbine, a tower and associated control or conversion electronics. A
wind turbine and energy system may be connected to the electricity grid in circuits at a
substation to provide electricity off-site for sale to an electrical utility or other
intermediary, where there is a rated output of more than 3 kilowatts.
RULES
2.
For the purposes of complying with section 6 of the Act:
(a)
The rules for determining if a development charge is payable in any
particular case and for determining the amount of the charge shall be
in accordance with sections 4 through 8, and 20 and 21.
(b)
The rules for determining exemptions, relief, credits and adjustments
shall be in accordance with sections 9 through 19.
(c)
The rules for determining the indexing of development charges shall
be in accordance with sections 20 and 21.
(d)
The rules respecting the redevelopment of land shall be in accordance
with sections 10 and 11.
LANDS AFFECTED
3.
This By-law applies to all lands in the geographic area of the Region, being all of
the lands shown on Schedule "A".
APPROVALS FOR DEVELOPMENT
4.
(a)
Development charges under this By-law shall be imposed against all
development if the development requires:
(i)
the passing of a zoning By-law or of an amendment to a zoning
By-law under section 34 of the Planning Act, R.S.O. 1990, c.
P.13, as amended;
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Authorization Reference: CSC 8-2022;
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(ii)
approval of a minor variance under section 45 of the Planning Act;
(iii)
a conveyance of land to which a By-law passed under subsection
50(7) of the Planning Act applies;
(iv)
the approval of a plan of subdivision under section 51 of the
Planning Act;
(v)
a consent under section 53 of the Planning Act;
(vi)
the approval of a description under section 50 of the
Condominium Act, 1998, S.O. 1998, c. 19, as amended; or
(vii)
The issuing of a permit under the Building Code Act in relation to
a building or structure.
(b)
That nothing in this By-law prevents Council from requiring, in an
agreement under section 51 of the Planning Act or as a condition of
consent or an agreement respecting same under section 53 of the
Planning Act, that the owner, at his or her own expense, install such
local services related to or within the area to which a plan of
subdivision or consent relates, as Council may require, in accordance
with the Region's applicable local service policy in the effect at the
time.
DESIGNATION OF SERVICES/ CLASSES OF SERVICES
5.
A development charge shall include:
(a)
a charge in respect of growth studies, policing services,
ambulance services, public health services, provincial offences
court services, long-term care, social housing, waste diversion,
public works and services related to a highway;
(b)
if water service is available, a charge in respect of water; and
(c)
If wastewater service is available, a charge in respect of wastewater.
AMOUNT OF CHARGE
Amount of Charge - Residential
6.
For development for residential purposes, development charges shall be
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Authorization Reference: CSC 8-2022;
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imposed on all residential development, including a dwelling unit accessory to
a non-residential development and the residential component of a mixed-use
building, including the residential component of a live/work unit, according to
the number and type of dwelling units on the lands as set out in Schedule "C"
as applicable.
Amount of Charge - Non-residential
7.
For development for non-residential purposes, development charges shall be
imposed on all non-residential development and, in the case of a mixed-used
building, on the non-residential component of the mixed-use building, including
the non-residential component of a live/work unit, according to the type and
gross floor area of the non-residential component as set out in Schedule "C" as
applicable.
TIMING AND CALCULATION AND PAYMENT
8.
(a)
The development charges under this By-law shall be calculated and
payable as of the date of the issuance of the first building permit with
respect to the development.
(b)
No Chief Building Official of any local municipality shall issue a
building permit in respect of a development for which a development
charge is payable pursuant to this By-law, until such development
charge is paid.
(c)
The Region may, by agreement pursuant to section 38 of the Act,
permit an owner to perform work that relates to a service to which this
By-law applies in lieu of the payment of all or any portion of a
development charge. The Region will give the owner who performed
the work a credit towards the development charge in accordance with
the agreement and subject to the requirements of the Act. In addition,
the Region may, in the case of development located outside of the
existing service area, require payment of an appropriate share of the
costs of the required infrastructure within the existing service area, in
addition to the costs external to the service area.
(d)
Notwithstanding Sections 8 (a), 8 (b), or 8 (c), development charges
for rental housing and institutional developments are due and payable
in six (6) equal annual payments commencing with the first instalment
payable on the date of occupancy, and each subsequent instalment,
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including interest at the interest rate as provided in Regional Policy
C-F-028, as may be revised from time to time.
(e)
Notwithstanding Sections 8 (a), 8 (b), 8 (c), or 8 (d), development
charges for non-profit housing developments are due and payable in
21 equal annual payments commencing with the first instalment
payable on the date of occupancy, and each subsequent instalment,
including interest at the interest rate as provided in Regional Policy
C-F-028, as may be revised from time to time.
(f)
Where the development of land results from the approval of a site plan
or zoning by-law amendment application received on or after January
1, 2020, and the approval of the application occurred within two years
of building permit issuance, the development charges under Sections
6 and 7 shall be calculated on the rates set out in Schedule "C" on the
date of the planning application, including interest. Where both site
plan and zoning by-law amendment applications apply, development
charges under Sections 6, 7, and 8 (a) through 8 (f) shall be calculated
on the rates, including interest at the interest rate as provided in
Regional Policy C-F-028, as may be revised from time to time, as set
out in Schedule "C" on the date of the later planning application.
EXEMPTIONS
9.
The following are exempt from the payment of development charges under this
By-law by reason of section 3 of the Act and section 6.1 of the Ministry of
Training, Colleges and Universities Act:
(a)
lands and buildings owned by and used for the purposes of any local
municipality or the Region or any local board unless such buildings or
parts thereof are used, designed or intended for use primarily for or in
connection with any commercial purpose; and
(b)
land and buildings owned by and used for the purposes of a board of
education unless such buildings or parts thereof are used, designed or
intended for use primarily for or in connection with any commercial
purpose.
(c)
Land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of post-
secondary education, if the development in respect of which
development charges would otherwise be payable is intended to be
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occupied and used by the university.
Rules With Respect to Redevelopment - Demolitions
10.
(a)
If application is made for a building permit in respect of a parcel of
land upon which a building/structure existed within five years prior to
the date of such application, then the amount of the development
charges payable shall be the excess of the development charges for
the building/structure constructed, less the development charges for
building/structure demolished or destroyed. This calculation is based
on the development charge rates as of the date the charges are
calculated and payable for the new building/structure.
(b)
If, at the time of payment of development charges in respect of a
parcel of land, the owner of the said land provides written notification
of his/her intention to demolish (within five years) a building/structure
existing on that parcel at the time of such payment, then upon the
subsequent assurance by the Treasurer of the relevant local
municipality (or his or her designate) to the Region's Treasurer, within
five years after such payment, that such building/structure on such
parcel has indeed been so demolished (and the particulars of such
demolished building/structure), the Region shall refund to such owner
a reduction in the development charges paid, which reduction is the
amount, calculated pursuant to this By-law or a predecessor By-law of
the Region, at the development charge rates in effect at the time of
such payment, that would have been payable as development
charges in respect of the building/structure demolished, provided that
such reduction shall not exceed the development charges actually
paid.
(c)
Where demolition takes place on a brownfield or an archaeological
site, the above conditions apply however, an application may be made
to the Regional Treasurer for an extension of time for the
redevelopment credit of up to three additional years if the
redevelopment has not been able to proceed due to delays in
completing the remediation works. This application must be received
prior to the expiry of the initial five-year period as provided in section
10(a) of this By-law. This application will be considered by Regional
Council for approval.
(d)
Where the first use of a building/structure would be exempt from
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development charges, as set out in section 9 of this by-law, the
reduction available under 10(a), 10(b), and 10(c) above shall be
determined by assessing the first use of the building/structure at the
Institutional rate set forth in Schedule "C", as applicable, to this By-
law.
Rules With Respect to Redevelopment - Conversions
11.
(a)
If a development includes the conversion of a building/structure from
one use (the "first use") to another use, then the amount of
development charges payable shall be reduced by the amount,
calculated pursuant to this By-law at the current development charge
rates, that would be payable as development charges in respect of the
first use, provided that such reduction shall not exceed the
development charges otherwise payable.
(b)
Where the first use of a building/structure would be exempt from
development charges, as set out in section 9 of this by-law, the
reduction available under the above shall be determined by assessing
the first use of the building/structure at the Institutional rate set forth in
Schedule "C", as applicable, to this By-law.
Rules with Respect to Exemptions for Intensification of Existing and New Housing
12.
Pursuant to the Act, no development charge is payable if the development is
only the enlargement of an existing dwelling unit.
13.
Pursuant to the Act and Regulation, no development charge is payable if the
development is to:
(a)
permit the creation of one or two additional Dwelling Units in an
existing single detached dwelling or a prescribed ancillary residential
dwelling structure to the existing residential building;
(b)
permit the creation of additional dwelling units equal to the greater of
one Dwelling Unit or one percent of the existing Dwelling Units in
existing Rental Housing or a prescribed ancillary residential dwelling
structure to the existing residential building;
(c)
permit the creation of one additional dwelling unit in any other existing
residential building already containing at least one Dwelling Unit or
prescribed ancillary residential dwelling structure to the existing
residential building; or
(d)
permit the creation of a second dwelling unit in prescribed classes of
proposed new residential buildings, including residential dwelling
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structures ancillary to dwellings, subject to the following restrictions:
14.
Notwithstanding section 13 above, Development Charges shall be imposed
if the total Gross Floor Area of the additional one or two dwelling units
exceeds the Gross Floor Area of the existing Single Detached Dwelling Unit.
15.
Notwithstanding section 13 above, Development Charges shall be imposed
if the additional Dwelling Unit(s) has a Gross Floor Area greater than:
(a)
In the case of a Semi-detached Dwelling Unit or Townhouse Dwelling
Unit, the Gross Floor Area of the existing Dwelling Unit; and
(b)
In the case of any other Residential Building, the Gross Floor Area of
the smallest Dwelling Unit contained in the said residential Building
16.
The exemption to Development Charges in Section 12 above shall only
apply to the first instance of intensification in an existing or new dwelling.
17.
Subject to sections 14, 15, and 16 above, any exemption under section 13
above shall apply to the smallest dwelling unit, as determined by applicable
rates under this by-law.
Rules with Respect to Exemptions for Industrial Enlargement and Industrial Grant
Program
18.
(a)
Pursuant to the Act, and notwithstanding any other provision of this
By-law, there shall be an exemption from the payment of development
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charges for one or more enlargements of existing industrial buildings
on a site, up to a maximum of fifty percent of the gross floor area
before the first enlargement for which an exemption from the payment
of development charges was granted pursuant to the Development
Charges Act or this section. The development need not be an
attached addition or expansion of an existing industrial building, but
rather may be a new standalone structure, provided it is located on the
same parcel of land. Development charges shall be imposed in
accordance with this By-law with respect to the amount of floor area of
an enlargement that results in the gross floor area of the industrial
building on the site being increased by greater than fifty per cent of the
gross floor area of all the existing industrial buildings on the site.
(b)
If the gross floor area is enlarged by more than 50 percent, the
amount of the development charge in respect of the enlargement is
the amount of the development charge that would otherwise be
payable multiplied by the fraction determined as follows:
(i)
Determine the amount by which the enlargement exceeds 50
percent of the gross floor area before the enlargement.
(ii)
Divide the amount determined under paragraph i by the
amount of the enlargement.
DISCRETIONARY EXEMPTIONS
19.
Notwithstanding any other provision of this By-law, no development charge is
imposed under this By-law respecting:
(a)
non-residential lands and buildings used for agricultural use;
(b)
on-farm site farm accommodations used for agricultural use;
(c)
that portion of a place of worship which is used exclusively as a
place of worship for religious services and any reception and
meeting areas used in connection with, or integral to the worship
space.
INDEXING
20.
The amounts of development charges imposed pursuant to this By-law, as set
out in Schedule "C", as applicable, shall be adjusted annually without
amendment to this By-law, in accordance with the prescribed index in the Act.
Bill No. 2022-71
Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 17 of 22
21.
For greater certainty, on January 1 of each year, the annual indexation
adjustment shall be applied to the development charge as set out in Schedule
"C", as applicable, plus the accumulated annual indexation adjustments from
previous years, if any.
REMITTANCE TO THE UPPER-TIER
22.
Pursuant to section 29 of the Act:
(a)
The Treasurer of the upper-tier municipality shall certify to the
treasurer of the area municipality that the charge has been imposed,
the amount of the charge, the manner in which the charge is to be
paid and when the charge is payable;
(b)
The Treasurer of the area municipality shall collect the charge when it
is payable and shall, unless otherwise agreed by the upper-tier
municipality, pay the charge to the Treasurer of the upper-tier
municipality on or before the 25th day of the month following the month
in which that charge is received by the area municipality;
(c)
If the charge is collected by the upper-tier municipality, the Treasurer
of the upper-tier municipality shall certify to the Treasurer of the area
municipality that the charge has been collected.
GENERAL
23.
The following schedules to this By-law form an integral part of this By-law:
Schedule "A" - Map of the Regional Municipality of Niagara
Schedule "B" - Components of Services Designated in Section 5
Schedule "C" - Development Charges September 1, 2022 - August 31, 2027
24.
Pursuant to the Act, and unless it is repealed earlier, this By-law shall expire at
11:59 PM on August 31, 2027.
25.
Each of the provisions of this By-law is severable and if any provision hereof
should, for any reason, be declared invalid by the Ontario Land Tribunal or a
court of competent jurisdiction, the remaining provisions shall remain in full
force and effect.
Bill No. 2022-71
Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 18 of 22
26.
This By-law shall come into force and effect on September 1, 2022.
THE REGIONAL MUNICIPALITY OF NIAGARA
______________________________________
James Bradley, Regional Chair
______________________________________
Ann-Marie Norio, Regional Clerk
Passed: August 25, 2022
Bill No. 2022-71
Authorization Reference: CSC 8-2022;
Minute Item 5.3
Page 19 of 22
Schedule "A"
To By-law 2022-71
Map
of the
Regional Municipality of Niagara
Schedule "B"
To By-law 2022-71
Components of Services and Classes of Services Designated in Section 5
D.C.-Eligible Services:
Services Related to a Highway
Roads and Related Infrastructure
Policing Services
Police Facilities
Police Vehicles
Police Small Equipment and Gear
Long-term Care Services
Long-term Care Facilities
Long-term Care Vehicles and Equipment
P.O.A. including by-law Enforcement Services
P.O.A. Facilities
Public Health Services
Public Health Facilities
Ambulance Services
Ambulance Facilities
Ambulance Vehicles
Housing Services
Housing Facilities
Waste Diversion Services
Waste Diversion Facilities
Waste Diversion Vehicles and Equipment
Waste Diversion Land
Waste Diversion Containers
Wastewater Services
Treatment, Trunk Sewers, and Pumping Stations
Water Services
Treatment, Transmission, Storage, and Booster Pumping Stations
Schedule "B"
To By-law 2022-71
Components of Services and Classes of Services Designated in Section 5
D.C.-Eligible Classes:
Public Works
Facilities
Vehicles and Equipment
Growth Studies
Services Related to a Highway
Policing Services
Water Services
Wastewater Services
Services Related to Public Health
Ambulance Services
Long-term Care Services
Housing Services
Waste Diversion Services
P.O.A. including by-law Enforcement Services
Child Care and Early Years Programs and Services
Schedule "C"
To By-law 2022-71
Schedule of Development Charges
Service/Class of Service
Single and
Semi-Detached
Dwelling
Other
Multiples
Apartments 2+
Bedrooms
Apartments 1
Bedroom
Special
Care/Special
Dwelling Units &
Dwelling Rooms
Commercial
(per sq.ft.)
Industrial
(per sq.ft.)
Institutional
(per sq.ft.)
Wind
Turbines
Services Related to a Highway
9,883
7,062
6,718
4,096
3,712
6.78
2.23
5.08
9,883
Public Works (Facilities and Fleet)
286
204
194
119
107
0.26
0.09
0.21
286
Policing Services
297
212
202
123
112
0.28
0.09
0.21
297
Growth Studies
84
60
57
35
32
0.06
0.02
0.04
84
Long-term Care Services
1,241
887
844
514
466
0.60
0.20
0.38
0
Provincial Offences Act
0
0
0
0
0
0.00
0.00
0.00
0
Public Health Services
0
0
0
0
0
0.00
0.00
0.00
0
Ambulance Services
266
190
181
110
100
0.14
0.04
0.08
266
Housing Services
2,039
1,457
1,386
845
766
0.00
0.00
0.00
0
Waste Diversion
176
126
120
73
66
0.04
0.01
0.03
0
Sub-total Region-wide
Services/Class of Services
14,272
10,198
9,702
5,915
5,361
8.16
2.68
6.03
10,816
Wastewater Services
7,486
5,349
5,089
3,103
2,811
5.24
2.21
3.87
0
Water Services
4,027
2,878
2,737
1,669
1,512
2.95
1.24
2.17
0
Sub-total Urban Services
11,513
8,227
7,826
4,772
4,323
8.19
3.45
6.04
0
Total Rural Area
14,272
10,198
9,702
5,915
5,361
8.16
2.68
6.03
10,816
Total Urban Area
25,785
18,425
17,528
10,687
9,684
16.35
6.13
12.07
10,816