Township to consult lawyers before dealing with request
By Bill Rea

King councillors recently decided they wanted legal advice before dealing with a request from Chestnut Developments.

The developer was seeking an amendment to the development charge bylaw that would allow for the grandfathering of the site plan development agreement for its proposed condominium on Church Street in Schomberg.

Council approved the agreement in June 2004, and Township Treasurer Don Young reported there was also a development charge deferral of up to 18 months after the building permit is issued.

"At the time of approval, it was expected that Chestnut Developments would be applying for a building permit expeditiously," Young stated in his report to councillors, adding the required development charges had been set out in the agreement. The building permit was issued in June, 2005.

A new development charges bylaw was passed in August '04, and in accordance with the agreement, the charges owed by Chestnut "increased substantially," Young stated.

Later that year, representatives of Chestnut were told the only way the old development charges could apply would be if council passed a bylaw to allow grandfathering.

Young stated the current development charge bylaw has no provisions for grandfathering.

"In reality, the project was not ready to proceed at the time of passing the new development charge bylaw, and there does not appear to be any justification for considering a grandfathering clause for a project that commenced one year after the development agreement was signed and 10 months after the development charge bylaw came into effect," Young concluded.

Councillor Jack Rupke suggested the matter be deferred so the legal implications could be considered. His colleagues accepted the idea.