ERIN – A developer building a new subdivision in Erin is taking the town to the Ontario Land Tribunal over concerns about the recently updated development charges bylaw.
An appeal letter filed in August on behalf of Mattamy Ltd. says the the development charges imposed by the bylaw have “not been calculated using a methodology that is reasonable and in compliance with the requirements” of the Development Charges Act.
Development charges are fees imposed to builders by municipalities to contribute to growth related expenditures including water and wastewater upgrades, fire service improvements and new roads.
Mattamy has proposed a residential development of 192 units on Eighth Line just outside of Erin village, adjacent to a proposed subdivision of 426 units by Coscorp.
Erin council approved an updated development charges bylaw at a July council meeting.
The appeal letter says Mattamy participated in the process leading up to the bylaw being passed but a number of concerns were not addressed and is therefore appealing the development charges bylaw.
It claims the charges set out in the updated bylaw are unfair and excessive, do not appropriately account for the extent of which costs associated with services will benefit existing and future development.
The appeal also lays out concerns with the background study, arguing the timing assumptions with projects are unreasonable, the non-residential forecast is understated, the future fire infrastructure is not specific and requests further justification with respect to the per acre cost for parkland development.
No dates have been set for the tribunal hearings.