Town, Lord Mayor respond to Bill 23 concerns

Lord Mayor Gary Zalepa says although council has not yet had the opportunity to discuss the impact of Bill 23, town staff have responded with comments to the province about their concerns.

Regional council has met and had a discussion, he says, and the region has also provided a list of concerns to the province.

The Niagara Peninsula Conservation Authority and the Association of Municipalities of Ontario have as well both made their issues with the bill known, and the negative impact that will be felt across the province as a result of the legislation.

Zalepa says he has received questions from residents asking what is being done to protect Niagara- on-the-Lake, particularly from development on the Greenbelt, and he is happy to tell them municipal staff have already reached out to the province.

The town’s response, signed by CAO Marnie Cluckie, planning director Kirsten McCauley, and corporate services director Kyle Freeborn, says while Niagara-on-the-Lake recognizes the need for more affordable and attainable housing, the town “is concerned that many of the changes proposed through Bill 23 will result in unintended consequences that will thwart the desired housing outcomes.”

Their specific concerns include impacts to the environment and heritage — the bill would allow development within protected areas, and would make it difficult to protect heritage buildings.

It proposes up to three residential units per lot in all residential areas, and would mean a loss of control over site plans and urban design — the municipality would no longer be able to comment on the exterior design of a building or landscaping elements of a property to be developed.

The bill would legislate a reduction to public participation and consultation over development; and it would limit the town’s ability to acquire parkland from developers as new subdivisions are constructed.

And it would reduce development charges paid by developers to the town, impacting municipal finances and transferring the cost of growth from developers to taxpayers.

The town’s response to the province also says it has issues with the bill’s intent to remove some of NPCA and regional authority over planning, and recommends the province heed regional and NPCA concerns that will negatively impact the environment.

Bill 23 could cost the town $925,000 to $1.3 million in development charges over five years — revenue that would have to come from taxpayers or be supplemented by the province to make up the difference in funding, the town’s letter to the province states.

The proposed changes to development charges would also limit the municipality’s ability to fund capital costs of growth-related infrastructure, the town says. “A longstanding principle in planning is that growth pays for growth,” it continues.

“The changes proposed transfer the financial burden of growth to the taxpayers, with the potential of creating affordability issues for existing homeowners.”

The town has asked the province to “pause approval of Bill 23 and consult further on the changes proposed to understand the implications at the local level.”

The region’s response also talks of the impacts of the reduction of development charges, which will affect infrastructure funding and the ability to manage growth, and requests mechanisms to offset that lost funding. Like the town, the region has also asked the province for time for more consultation.

There has been some indication in the last few days that the province is willing to look at a mechanism to compensate municipalities, at least large urban areas, for the loss of funding, but nothing definite.

Zalepa says the town “recognizes the importance of policies which will assist the current housing crisis in Ontario,” and NOTL has taken a co-operative approach in providing comments to the province on aspects of Bill 23 “by leveraging the Region of Niagara’s process, and providing our own comments.”

In an effort to avoid duplication, the town has focused on the heritage conservation and the natural heritage and environmental issues, he says.

Residents have been reaching out to him to ask how the town is responding to Bill 23, about issues such as possible development in the Greenbelt areas of NOTL and other concerns, “and they seem pleased to hear the response from the municipality, and also from AMO.”

He says the province seems to be expressing a willingness to talk through some of the issues with AMO, and there have been some back-and-forth conversations.

Zalepa says he believes there will be an opportunity to work out some of the concerns, including management of heritage assets.

At this point, it’s a matter of waiting to hear back from the province with its response to the town and regional comments, Zalepa says, “and then consider the next steps.”