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Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 1 of 22
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2022-94
A BY-LAW TO ESTABLISH TRANSIT 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;
WHEREAS the Council of the Corporation of The Regional Municipality of Niagara has
given Notice on August 26, 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;
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 September 29,
2022;
WHEREAS the Council of the Corporation of The Regional Municipality of Niagara had
before it a report entitled Development Charge Background Study dated May 30, 2022
and a report entitled Addendum to the Development Charge Background Study dated
July 29, 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;
WHEREAS the Council of the Corporation of The Regional Municipality of Niagara on
September 29, 2022 approved the applicable Development Charge Background Study
(as amended), 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;
WHEREAS the Council of the Corporation of The Regional Municipality of Niagara on
September 29, 2022 determined that no additional public meeting was required to be held
as part of the approval process.
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 2 of 22
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
1. In this By-law:
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27,
as amended;
"agricultural use" means use or intended use for bona fide farming purposes
(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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 3 of 22
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;
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 4 of 22
(c)
Wholesale trade;
(d)
Retail trade;
(e)
Auto repair shops;
(f)
Car sales/dealers;
(g)
Warehousing of goods where manufacturing, producing, and
processing of the goods is not completed on site;
(h)
Food Services;
(i)
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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 5 of 22
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 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;
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 6 of 22
(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;
(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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 7 of 22
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 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;
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 8 of 22
"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;
"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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 9 of 22
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.
"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:
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 10 of 22
(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;
(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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 11 of 22
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 transit services
AMOUNT OF CHARGE
Amount of Charge - Residential
6.
For development for residential purposes, development charges shall be
imposed on all residential development, including a dwelling unit accessory
to a non-residential development and the residential component of a
mixed-use building, 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.
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 12 of 22
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 6 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 the
Regional Policy CSD 49-2020, 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 the Regional
Policy CSD 49-2020, as may be revised from time to time.
(f)
Where the development of land results from the approval of a site
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 13 of 22
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 the Regional Policy CSD 49-2020, 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
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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 14 of 22
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
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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 15 of 22
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
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 16 of 22
of proposed new residential buildings, including residential
dwelling 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.
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 17 of 22
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 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:
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 18 of 22
(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.
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.
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 19 of 22
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" - Schedule of Transit Development Charges
24.
Pursuant to the Act, and unless it is repealed earlier, this By-law shall expire
at 11:59 PM on December 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.
26.
This By-law shall come into force and effect on January 1, 2023.
THE REGIONAL MUNICIPALITY OF NIAGARA
James Bradley, Regional Chair
Ann-Marie Norio, Regional Clerk
Passed: September 29, 2022
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 20 of 22
Schedule "A"
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 21 of 22
Schedule "B"
Components of Service Designated in Section 5
D.C.-Eligible Service:
Transit
Transit Vehicles
Transit Facilities
Other Transit Infrastructure
Bill 2022-94
Authorization Reference: CL 19-2022
Minute Item 4.4.1
As amended by Ontario Land Tribunal Order No. OLT-22-004722
Page 22 of 22
Amended Schedule "C"
Schedule of Development Charges
Service/Class
of Service
RESIDENTIAL
NON-
RESIDENTIAL
(per sq.ft.)
Wind
Turbines
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)
Transit
Services
567
404
385
235
213
0.57
0.18
0.35
0