Family Transfer Deferral

A. Purpose. The purpose of this section is to authorize owners of real property to transfer interest in their property to family members without immediate compliance with the requirements pertaining to subdivisions. B. Authorizing deferral of subdivision requirements. The director shall approve a request for subdivision approval recommendation and temporarily defer subdivision water system requirements under this chapter for the sole and limited purpose of authorizing a transfer of real property interest from the subdivider to family members pursuant to the following conditions: 1. The transfer shall be immediate and shall be limited to the following persons who are related to the subdivider by blood, adoption or marriage: spouse, parents, children, grandparents, grandchildren, or siblings. 2. The purpose of the transfer shall not be to provide housing or other uses which would necessitate additional water service. 3. The department shall not approve any application for a building permit or additional water service unless the requirements for the subdivision water system are complied with. The standards and requirements for the subdivision water system shall be the standards and requirements of the department in effect at the time of the department's approval of said application for building permit or additional water service. The subdivision water system shall include all deferred improvements and is not limited to improvements needed for an individual subdivided parcel created pursuant to the deferral granted by this section. 4. The director shall not approve a deferral of subdivision water system requirements under this section if the director finds that the water service necessitated by the subdivision request cannot be met by the existing public water system and, therefore, would require a private water system. C. Agreement. The provisions of this section shall be implemented through an agreement between the department, the subdividers, and the transferees, and the conditions imposed by this section shall run with the land and shall bind and constitute notice to all subsequent grantees, assignees, mortgagees, lienors, and other persons claiming an interest in the subject real property. The agreement shall be recorded with the bureau of conveyances or the land court of the State. (Ord. No. 3730, § 1, 2010)