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Subdivision Agreement Template for United States

A Subdivision Agreement is a legally binding contract between a developer and a local government authority in the United States that outlines the terms, conditions, and requirements for developing a parcel of land into smaller lots. The agreement specifies infrastructure requirements, timeline for improvements, financial security arrangements, and compliance with local, state, and federal regulations. It serves as the primary enforcement mechanism for ensuring development meets community standards and public interest requirements.

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What is a Subdivision Agreement?

The Subdivision Agreement is a crucial document in U.S. land development that establishes the framework for converting raw land into developed lots. It becomes necessary when a property owner or developer wants to divide land into smaller parcels for development purposes. The agreement covers essential aspects such as infrastructure requirements, utilities, public improvements, environmental protection, and financial guarantees. This contract type ensures that development occurs in accordance with local regulations and protects both the municipality's and public's interests.

What sections should be included in a Subdivision Agreement?

1. Parties: Identification of the developer/subdivider and the local government authority

2. Background: Details about the property, proposed subdivision, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Property Description: Legal description of the land to be subdivided

5. Development Requirements: Specific requirements for infrastructure, utilities, and improvements

6. Timeline and Phasing: Schedule for completion of improvements and development phases

7. Financial Security: Performance bonds, letters of credit, or other security arrangements

8. Maintenance and Warranties: Obligations for maintaining improvements and warranty periods

What sections are optional to include in a Subdivision Agreement?

1. Environmental Protection Measures: Additional requirements when development impacts protected environmental areas such as wetlands, protected species, or sensitive habitats

2. Affordable Housing Provisions: Requirements for including affordable housing units when required by local ordinances or negotiated as part of approval

3. School Impact Provisions: Requirements for school district coordination when development size triggers school impact requirements

4. Parks and Recreation: Requirements for public spaces and recreational facilities when development size requires public space allocation

What schedules should be included in a Subdivision Agreement?

1. Schedule A - Preliminary Plat: Detailed drawing of proposed subdivision layout

2. Schedule B - Engineering Plans: Technical specifications for infrastructure improvements

3. Schedule C - Cost Estimates: Detailed breakdown of improvement costs

4. Schedule D - Performance Bond Forms: Ƶ for required financial security instruments

5. Schedule E - Construction Specifications: Technical requirements for infrastructure construction

6. Schedule F - Environmental Reports: Environmental impact studies and mitigation plans

7. Schedule G - Traffic Impact Study: Analysis of development's impact on local traffic

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use

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