Policy - Development Charge Credit and Reimbursement - 20251125
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Policy
Finance
Contact: Financial Management
Approval Authority: Aurora Town Council
Effective: November 25, 2025
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Development Charge Credit / Reimbursement
Purpose
At the Town of Aurora’s or developer’s request, the developer may carry out
development enabling capital works on the Town’s behalf. In these instances, a Credit
and/or Reimbursement Agreement is necessary to establish the mechanism for the
developer to recover all, or part, of their costs and to establish the developer’s
obligations for construction. The purpose of this policy is to establish guidelines for the
application, administration and issuance of development charge credits and/or
reimbursement to developer(s), to be implemented through formal agreements with the
Town.
Scope
This policy will apply to all landowners, developers and/or builders who apply for
development charge credits and/or reimbursement, related to infrastructure being
constructed on the Town’s behalf.
Definitions
In this policy, unless context requires otherwise:
Act
Means the Development Charges Act, 1997, S.O. 1997, c.27, as amended, revised, re-
enacted or consolidated from time to time, and any successor statute.
Developer
Means a person, corporation, group of persons and/or corporations, or an agent for a
person, corporation or group of persons and/or corporations who is undertaking a
development.
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
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effect of increasing the size or changing the use thereof from non-residential to
residential or from residential to non-residential and includes redevelopment.
Development Charges (D.C.s)
Means the Town’s development charges collected under authority of the Act and/or the
Town’s related Development Charges By-law, or area-specific development charges
bylaw.
Development Charges Credit/Reimbursement
Means a credit/reimbursement approved by the Town for work performed by a
developer that relates to a service for which a credit/reimbursement is provided within
the Development Charges By-law.
Non-Growth Costs
Means the capital costs that cannot be recovered under the Development Charges By-
law and are funded by tax levy, user rates and other non-development charge sources.
Public Works
Means transportation, Parks & Recreation and Water/Wastewater infrastructure
identified within the Town’s Capital Plan and/or Development Charges Background
Study and By-law.
Policy
Eligibility Requirements
The Town will consider granting development charge credits and/or reimbursements for
the construction of public works where the following criteria are met:
• The costs for the public works must be identified within the Town’s Capital Plan
and/or Development Charges Background Study and By-law
• Town approval must be obtained in advance of the commencement of
construction, for the developer to obtain development charge credits and/or
reimbursement. If a developer proceeds with construction in advance of
receiving development charge credit and/or reimbursement approval, such works
shall be constructed at their own financial risk and expense.
• This policy is applicable to all development being commenced on or subsequent
to this policy’s effective date
Development Charge Credit and/or Reimbursement Agreement
A development charge credit and/or reimbursement agreement shall be initiated
through the submission of a complete application package to the Town by the
developer. A complete application package shall include the following:
• Overview of proposed public works
• Rationale why the project should be advanced
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• Financial summary
In collaboration with Town’s Director, Planning and Development and/or the Director,
Operational Services, the Town’s Director, Finance / Treasurer or their delegate will
assess the eligibility of each submitted application and decline or approve the
application.
The available development charge credit / reimbursement amount will be limited to
what is included within the Town’s D.C. Study and/or capital plan; however, the Director,
Finance / Treasurer or their delegate may approve a higher amount if deemed
appropriate.
A public works project may have a non-growth component that cannot be funded
through development charges. In such instances, their non-growth component must be
funded through the tax levy or other non-D.C. sources.
Agreed upon development charge credit and/or reimbursements may be set out in the
development’s related subdivision or site plan agreement. Otherwise, a separate
development charge credit and/or reimbursement agreement shall be executed
between the Town and developer.
Regardless of a development charge credit and/or reimbursement agreement being in
place, a developer must firstly pay 100 percent of the development charges payable
relating to their development as per the Town’s D.C. By-law.
The developer will subsequently receive a disbursement for their previously agreed
upon development charge credit and/or reimbursement entitlement amount as per their
Development Charge Credit and/or reimbursement agreement.
Securities
When a developer and the Town enter into a Development Charge Credit and/or
Reimbursement agreement, the developer shall provide a form of security acceptable to
the Town in an amount equal to 100 percent of the estimated cost of the proposed
public works.
The Town may accept the following as security:
• A form of security will be taken and registered against the title to the land upon
the execution of the development charges deferral agreement with the Town
• A Pay-On-Demand Surety Bond, subject to the Town’s Development Agreement
Surety Bond Policy, as amended from time to time; or
• A Letter of Credit, subject to the Town’s Letter of Credit Policy, as amended from
time to time
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This security provided pursuant the above will be released by the Town upon its
assumption of responsibility for the underlying public works.
Development Charge Credit/Reimbursement Disbursement
The Town’s Director Finance / Treasurer or their delegate will approve payment of the
appropriate development charge credit and/or reimbursement entitlement upon the
following criteria being met:
• Receipt of a developer’s formal request seeking a disbursement under their
agreement with the Town, the request package shall include proof of actual
construction costs; and
• Receipt of final certification of delivered public works and a disbursement
release request from the applicable department.
A developer will only receive a D.C. credit and/or reimbursement disbursement equal to
the lesser of the maximum agreed upon amount as per their applicable D.C. Credit
and/or Reimbursement agreement, or the developer’s actual costs.
Termination or Amendment
The Director, Finance / Treasurer or their delegate has authority to approve the
termination of, or amendment to, an existing development charge and/or
reimbursement agreement to be executed by the Town’s Director, Planning and
Development where:
• The Development Charge By-law on which the credits/reimbursement are based
have been repealed or,
• The developer agrees to forego any further credits/reimbursements or,
• The terms on which the credits/reimbursements are to be disbursed has
changed.
Legal and Administrative Fees
The developer will pay all legal fees and expenses of both the developer and Town,
including any costs incurred by the Town to prepare and register any other agreements
as required by the Town’s Legal Services, and any other associated administration fees.
Budget Monitoring and Reporting
Staff will report back to Council annually on all development charge credit and/or
reimbursement agreements executed by the Town under this policy, as well as any
disbursements of these amounts.
Responsibilities
Director, Finance / Treasurer
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• Administration of this policy in collaboration with applicable departmental and
developer stakeholders
• Approval of any requested development charge credits and/or reimbursements
under this policy
• Enforcement of this policy
• Disbursement of any agreed upon development charge credits and/or
reimbursements
• Assess the financial impact of development charge credit and/or
reimbursements
Legal Services
• Draft and prepare for execution the Development Charge Credit and/or
Reimbursement agreement, or the necessary clauses within the subdivision or
site plan agreement
Developer
• Prior to the commencement of proposed enabling public works for a
development, the developer should provide a letter of application to Director,
Planning and Development requesting the provision of a development charge
credit and/or reimbursement
• Upon completion of the agreed upon public works, the developer will provide a
formal letter requesting disbursement of applicable development charge credit
and/or reimbursement to the Director, Planning and Development Services and
the Director, Finance / Treasurer. This request should include a detailed listing of
the developer’s actual costs.
Director, Planning and Development Services
• Support the application, including undertaking a review of each
application/submission package to determine its eligibility for a development
charge credit and/or reimbursement, as required
• Undertake a review of each disbursement request, including a verification of
provided actual public works construction costs, and issuance of a formal
certification and request for disbursement, as required
• Support the enforcement of this policy, as appropriate
Director, Operational Services
• Support the application, including undertaking a review of each
application/submission package to determine its eligibility for a development
charge credit and/or reimbursement, as required
• Undertake a review of each disbursement request, including a verification of
provided actual public works construction costs, and issuance of a formal
certification and request for disbursement, as required
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• Support the enforcement of this policy, as appropriate
Monitoring and Maintenance
The Director, Finance / Treasurer, shall ensure compliance with the Act, the
Development Charges By-law, this policy and all other legislative requirements.
The Director, Planning and Development Services and Director, Operational Services will
monitor the construction of agreed upon public works to ensure related obligations are
met and will recommend disbursement of underlying development charge credits
and/or reimbursements to Finance when appropriate.
The Director, Finance / Treasurer will process any necessary disbursements of
development charge credit and/or reimbursements under this policy.
This policy will be reviewed 4 years after the initial approval date.
References
• Development Charges Act, 1997, S.O. 1997, c. 27
• By-law – Development Charges
• Town of Aurora Development Charges Study and By-law
• Policy – Development Agreement Surety Bond