Development Works Agreement (DWA)

What are DWAs?

A Development Works Agreement (DWA) is a formal agreement - established by bylaw - between a municipality and a developer, where a developer is responsible for providing, constructing, altering, or expanding infrastructure needed for a development project, at their cost up-front.

The agreement includes provisions for reimbursing the developer from collected charges plus interest, which allows them to recover some costs if/when benefitting properties develop within 15 years of the agreement. This helps ensure fair cost-sharing for infrastructure that benefits future developments.

Agreement Details:

• Defines the benefitting area
• Specifies the infrastructure to be provided
• Identifies who is responsible for the works
• Includes a cost allocation formula for property owners

When do DWAs apply?

DWAs are applied based on Development Works Agreement Policy 07-352. If applicable, a note will appear on the tax notice of a benefitting property.

When are DWAs payable?

DWAs are payable prior to final reading of a rezoning bylaw or subdivision approval.

To obtain a quote for DWA charges on a property, please contact latecomers@tol.ca. Please note that DWA charges are subject to interest. Quotes provided will be held for seven (7) days.

DWA process

1. Submit DWA calculations

• The Engineering Consultant for the project completes a DWA Calculation Workbook and forwards it to Development Engineering.
• The Development Engineering Technologist will review the calculations and either accept them or send them back for revisions.

2. Petition

After calculation acceptance, the Township provides a petition document to the Developer who must:

• Obtain signatures from a minimum of 51% of property owners within the benefitting area
• Return the petition to the Township within 30 days.

The Township reviews the petition and if approved, issues a Certificate of Sufficiency.

3. Bylaw and report preparation

Township staff prepare a DWA bylaw and report to Council for consideration.

4. Council consideration

First, second and third reading:

Council considers the DWA Bylaw and report at a regularly scheduled Council meeting.

Final reading:

At a subsequent regularly scheduled Council meeting, Council considers final reading of the DWA bylaw.

5. Agreement execution

• The Township forwards two copies of the agreement to the developer for signature.
• The developer signs both copies of the agreement and returns them along with the required administration fee to the Township.
• The Township executes the agreement and provides the developer with a copy.
• The Township notes the DWA on the tax notice of properties within the benefitting area.

Reimbursement

• Prior to reimbursement, the developer must provide the actual costs of the works to the Township for acceptance.
• After acceptance, DWA funds are reimbursed annually in Q1, based on the previous year’s collections.