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Development charge

What Is a Development Charge?

A development charge is a one-time fee levied by local governments on new construction or redevelopment projects to help fund the capital costs of expanding public services and infrastructure necessitated by growth. This financial tool falls under the broader category of municipal finance, as it is primarily used by municipalities to ensure that "growth pays for growth," thereby reducing the financial burden on existing taxpayers. Development charges aim to offset the increased demand for services like roads, water, wastewater, storm drainage, and even police, fire, and library services that arise from new population and economic activity.60, 61, 62

History and Origin

The concept behind development charges, often referred to as impact fees in the United States, emerged in the mid-20th century. One of the earliest implementations of an impact fee occurred in Hinsdale, Illinois, in 1947, when a "$50 tap-in fee" was introduced for new residential sewer lines to finance a water treatment plant expansion. This was challenged legally but ultimately upheld, establishing a precedent for using such fees for capital expenditures.

In Canada, development charges evolved from post-1945 subdivision agreements, which initially required developers to build and transfer infrastructure within new subdivisions to municipal ownership.58, 59 The principle that growth should pay its own way became more formalized. In Ontario, this approach was enshrined with the passage of the Development Charges Act in 1989, which was significantly revised in 1997. This legislation provides the framework and authority for Ontario municipalities to levy development charges to cover growth-related capital costs.54, 55, 56, 57 Other provinces, such as British Columbia, Alberta, Saskatchewan, and the Yukon, have sections within their Municipal Acts or Planning Acts that govern these charges, although Ontario is unique in having a dedicated act.53

Key Takeaways

  • Development charges are one-time fees imposed by local governments on new development.
  • They fund the expansion of public infrastructure and services necessitated by growth.
  • The underlying principle is that new development should bear the costs it creates, rather than burdening existing taxpayers.
  • These charges are distinct from property taxes and are intended for capital projects, not operating expenses.
  • Development charges can influence housing affordability and urban growth patterns.

Formula and Calculation

The calculation of development charges is complex and typically determined through a formulaic process rather than negotiation.52 Municipalities are generally required to conduct a background study to estimate anticipated growth, the increased need for services, and the associated capital costs of infrastructure projects.50, 51 The charges are designed to recover growth-related capital costs and usually cannot exceed the average level of service provided in the municipality over a specified period, such as the 15 years preceding the background study.49

While there isn't a universal formula, the general approach involves:

DC=Total Growth-Related Capital CostsTotal Anticipated Growth UnitsDC = \frac{\text{Total Growth-Related Capital Costs}}{\text{Total Anticipated Growth Units}}

Where:

  • (DC) = Development Charge per unit (e.g., per dwelling, per square foot)
  • Total Growth-Related Capital Costs = Estimated cost of new infrastructure and services required due to anticipated development, minus any other funding sources.47, 48
  • Total Anticipated Growth Units = The projected number of new residential units or square footage of non-residential development.

This calculation helps allocate the overall financial burden of growth across the new developments.

Interpreting the Development Charge

Development charges are interpreted as a mechanism for cost recovery by municipalities. When evaluated, the specific amount of a development charge indicates the estimated contribution required from a new development to cover its share of expanded public services. A higher charge typically reflects greater anticipated strain on existing infrastructure or higher costs for new capital projects in that particular area.46

These charges are a significant factor in the overall cost of a development project, and their level can influence the feasibility of new construction. Understanding the specific fiscal policy and local economic context is crucial for interpreting the implications of development charges.45 For instance, while they are intended to cover new costs, critics often argue they can increase housing prices.43, 44

Hypothetical Example

Imagine the City of Green Valley anticipates a population increase of 1,000 new residential units over the next five years. To accommodate this growth, the city determines it needs to expand its water treatment plant, build a new community park, and add capacity to its main arterial road.

  • Estimated Cost for Water Treatment Plant Expansion: $5,000,000
  • Estimated Cost for New Community Park: $2,000,000
  • Estimated Cost for Road Widening: $3,000,000

The total estimated growth-related capital costs are $10,000,000.
If the city aims to recover 100% of these costs through development charges:

Development Charge per unit=$10,000,0001,000 units=$10,000 per unit\text{Development Charge per unit} = \frac{\$10,000,000}{1,000 \text{ units}} = \$10,000 \text{ per unit}

So, each new residential unit constructed in Green Valley would be assessed a development charge of $10,000. This fee would be paid by the developer, typically at the time of building permit issuance, contributing to the public funds earmarked for these specific infrastructure projects.

Practical Applications

Development charges are widely used by local governments as a tool in urban planning and municipal finance to manage the financial impacts of growth.

  • Infrastructure Funding: They provide a dedicated revenue stream for specific capital projects, such as new roads, water and sewer systems, schools, and emergency services facilities, directly linked to the needs of new developments.41, 42 For instance, the City of Fort Worth, Texas, has utilized impact fees since 1989 for water and wastewater improvements.40
  • Growth Management: By applying development charges, municipalities can encourage more compact, higher-density development, potentially reducing urban sprawl by making less dense developments less economically viable.39 This aligns with the principle of "growth should pay its own way."
  • Balancing Budgets: Development charges help reduce the reliance on existing taxpayer bases, such as increased property taxes, to fund the demands of new growth. This helps maintain service levels for current residents.38
  • Regulatory Compliance: In many jurisdictions, legislation like Ontario's Development Charges Act mandates how these charges are determined and collected, often requiring detailed background studies and public consultations.36, 37

Limitations and Criticisms

While development charges are a significant source of funding for growth-related infrastructure, they are not without limitations and criticisms.

One primary critique is their potential impact on housing affordability. Many studies and industry groups argue that these charges increase the cost of building new homes, which is then passed on to homebuyers through higher housing prices.32, 33, 34, 35 Some research suggests this can make housing less accessible, particularly for low- and moderate-income households.31 Conversely, other academic perspectives suggest that properly formulated development charges can actually improve overall housing affordability by preventing existing residents from bearing an unfair burden of growth-related costs, which would otherwise result in higher property taxes or reduced municipal services.28, 29, 30

Another criticism is that development charges may discourage economic development and stifle employment by increasing the overall cost of new residential and commercial construction. This can lead to weaker demand for properties and potentially shrink the tax base if development slows down.27 Furthermore, development charges may not fully cover the entire cost of new infrastructure, often requiring additional public funds or debt financing from municipalities.25, 26 The process of setting and reviewing these fees, often every five years, can also be complex and subject to political influence.24 An academic analysis examining development charges in Canadian municipalities highlights concerns that they may add significant costs to new homes, advocating for a return to municipalities bearing more of the initial infrastructure costs.23

Development Charge vs. Impact Fee

The terms "development charge" and "impact fee" are often used interchangeably, particularly in common discourse, but there can be subtle differences based on geographic context and specific legal frameworks.

FeatureDevelopment Charge (primarily Canada)Impact Fee (primarily United States)
Legal BasisOften governed by specific provincial legislation (e.g., Ontario's Development Charges Act).21, 22Enabled by state or local laws; legal basis often tied to court cases.20
Scope of ServicesCan cover a wide range of growth-related capital costs, including "hard" services (water, roads) and "soft" services (recreation, libraries, police).17, 18, 19Typically covers public services like roads, water, sewer, parks, schools, and public safety facilities.15, 16
Common UsagePredominant term in Canada.13, 14Widely used term in the United States.12
PurposeTo recover growth-related capital costs and ensure "growth pays for growth."10, 11To help fund capital costs of providing public services to new development.9

While the terminology may vary, both development charges and impact fees serve the same fundamental purpose: to shift a portion of the financial burden of new infrastructure from existing taxpayers to the new developments that necessitate it. The main areas of confusion arise from the specific types of services covered, the legal precedents, and the methodology of calculation, which can differ significantly between jurisdictions and impact the final land value.

FAQs

Q: Who ultimately pays a development charge?

A: While developers typically pay the development charge directly to the municipality, these costs are generally passed on to homebuyers or renters through increased housing prices.7, 8 The ultimate burden often falls on the end consumer or property owner.

Q: Are development charges negotiable?

A: Generally, development charges are calculated based on established municipal by-laws and background studies, making them largely non-negotiable.5, 6 However, there can be mechanisms for disputing calculation errors or challenging the by-law itself through official channels.4

Q: Do development charges affect the price of existing homes?

A: Development charges primarily affect the cost of new construction. However, if they limit the supply of new homes by making development less viable, the resulting scarcity could increase the price of existing homes due to elevated demand and restricted supply, depending on local market conditions.3

Q: What is the difference between a development charge and a property tax?

A: A development charge is a one-time fee imposed on new development to fund capital costs for expanded services, directly related to the impact of that new growth.1, 2 Property taxes, on the other hand, are recurring annual levies on all real estate within a municipality, used to fund ongoing operational costs and general municipal services for all residents.