Sec. 2-16

Authorizing Waiver of Subdivision Requirements

(a) Purpose The purpose of this rule is to authorize owners of property to transfer interest in their property to family members without immediate compliance with the rules pertaining to subdivisions.

(b) Authorizing Waiver of Subdivision Requirements The board may approve a request for subdivision approval and temporarily waive subdivision requirements under its rules for the sole and limited purpose of authorizing a transfer of interest or title from the subdivision applicant to the other person(s) under the following conditions:

(1) The transfer shall be immediate and shall be limited to the following persons who are related to the applicant by blood, adoption, or marriage: spouse, parents, children, grandparents, grandchildren, brothers, or sisters.

(2) The purpose of the transfer shall not be to provide housing or other uses which would necessitate additional water service

(3) No residential building permit or additional water service shall be requested by the applicant(s), tranferee(s), subsequent grantee(s) or vendee(s), assignee(s), lienor(s), or other person(s) claiming interest in the subject property without full compliance with all subdivision requirements then in effect and all rules of the board; compliance with the subdivision requirements and the rules of the board shall mean compliance relative to the parcel of land prior to subdivision and not to the parcels created pursuant to the waiver granted by this rule.

(4) The board shall not approve a waiver of subdivision requirements under this rule if the board finds that the water service necessitated by the subdivision request cannot be met by the existing water system and would require a private water system.

(c) Agreement The provisions of this rule shall be implemented through an agreement between the board, the applicant(s), and the transferee(s) and the conditions imposed by this rule shall run with the land and shall bind and constitute notice to all subsequent grantee(s), assignee(s), mortgagee(s), lienor(s), and other persons who claim an interest in the subject property.