Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 07, 2023
CASE NO(S).: OLT-22-002669
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Shelburne 89 Developments Ltd.
Description: Development Charges By-law No. 21-2020
Reference Number: By-law 21-2020
Property Address: Shelburne East Area
Municipality/UT: Town of Shelburne
OLT Case No.: OLT-22-002669
Legacy Case No.: DC200010
OLT Lead Case No.: OLT-22-002669
Legacy Lead Case No.: DC200010
OLT Case Name: Shelburne 89 Developments Ltd. v. Shelbourne (Town)
Heard: May 31, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Shelburne 89 Developments Ltd. | P. DeMelo |
| Town of Shelburne | D. Germain |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MAY 31, 2023 AND ORDER OF THE TRIBUNAL
Link to Final Order
1The Tribunal endorsed a settlement reached between the Parties that results in an amended Development Charge By-law (“DCBL”) affecting part of the Town of Shelburne (“Town”) known as the “East Area.” Shelburne 89 Developments Ltd. (“Appellant”) had appealed the Town’s DCBL 21-2020, and the Parties’ subsequent discussions and further study resulted in proposed revisions to the DCBL.
2On an appeal to a DCBL, the Tribunal “shall hold a hearing” under s. 16(1) of the Development Charges Act (“DCA”) and may “repeal or amend the by-law in such manner as the Tribunal may determine” under s. 16(3)(c).
3The Parties proffered Nataliya Kelbas to provide written and oral evidence, whom the Tribunal qualified to provide opinion evidence in planning and land economics. The Tribunal accepted the evidence of Ms. Kelbas which is summarized as follows.
4The East Area requires certain public works that are necessitated by development within a localized area of the Town. The Appellant owns the majority of lands within the East Area. Transportation studies resulted in area-specific requirements, resulting in a localized DCBL. Further study among the Parties resulted in the removal of specific items from the Development Charge (“DC”) calculation, including a specific sidewalk, a raised road median, and intersection improvements, all financed by other means or sources.
5The exclusions from the DC calculation reduce the net capital costs by $104,000 or 3% of the original $3,384,000 net capital cost. Ms. Kelbas opined that the modified East Area DCBL complies with the methods prescribed by s. 5(1) of the DCA.
6On the uncontroverted evidence of Ms. Kelbas, the Tribunal finds that the DCBL, as modified by the agreed and amended Schedules, satisfies the requirements of the DCA and appropriately ensures that “growth pays for growth.”
ORDER
7The Tribunal Orders that the appeal is allowed in part, and the Town of Shelburne By-law No. 21-2020 is amended by replacing Schedules B.1 and B.2 with the following Schedules.
8In all other respects, the appeal is dismissed.
“S. Tousaw”
S. TOUSAW VICE CHAIR
Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.