Sample Servicing Agreements

The sample servicing agreements provided below are meant for discussion purposes to initiate negotiations.  The sample agreements need substantial revision suit the circumstances involved.  The municipal solicitor and engineer should be involved in drafting an agreement.  For the legislative authority to implement an agreement and the specific requirements that may be covered in an agreement consult Section 172 of The Planning and Development Act, 2007.  

The Planning and Development Act, 2007 does not provide for a developer to be responsible for the long term maintenance of the constructed services.  A servicing agreement should have construction time limits after which the municipality begins maintaining the services and the servicing agreement is terminated.  

Sample 1   (PDF) (Word)   

This sample is meant for situations where a person applies for a development permit and the municipality requires the applicant to pay the municipality for the construction of a new road to serve the land being developed.

Sample 2   (PDF) (Word)   

This sample is meant for situations where a person has applied for approval to subdivide land to create a new parcel and the municipality requires the applicant to pay the municipality for the construction of a road to serve the new parcel.

Sample 3   (PDF) (Word)   

This sample covers situations where a person has applied for approval to subdivide land to create multiple new parcels and the municipality requires the applicant to pay for the construction of new roads and surface drainage systems within and to the area being subdivided. 

Sample 4   (PDF) (Word)   

This sample covers situations where a person has applied for approval to subdivide land to create multiple new parcels and the municipality requires the applicant to pay for the construction of all new services required by the municipality within the area being subdivided.  It may be revised to include requirements for collecting off-site fees for municipal facilities that serve the area being subdivided.  

Sample 5   (PDF) (Word)   

This sample covers urban situations where a person has applied for approval to subdivide land to create multiple new parcels and the municipality requires the applicant to pay for the construction of all services within and to the area being subdivided.  It includes examples of frontage charges for such things as pavement, curbs and side walks.  It also has a schedule illustrating how off-site fees might be collected.  

Maintenance agreements - The Planning and Development Act, 2007 does not provide for a developer to do the long term maintenance of the improvements and services.  The Municipalities Act allows a municipality to require a road maintenance agreement only with heavy haul truckers.  Consult your municipal solicitor for other options and alternatives.