30.35A.070 Conveyance of certified development rights.
(1) Conveyance of certified development rights authorized. Subject to the requirements of this section, TDR certificates issued pursuant to SCC 30.35A.050 may be sold or otherwise conveyed and held indefinitely before certified development rights are applied to a receiving site pursuant to SCC 30.35A.080 through SCC 30.35A.120.
(2) Deed of transferable development rights required. TDR certificates issued pursuant to SCC 30.35A.050 shall be sold or otherwise conveyed only by means of a deed of transferable development rights meeting the requirements of this section.
(3) Recording of deed and notice of transfer. At the time a TDR certificate is conveyed, the parties shall record the deed of transferable development rights documenting the conveyance and shall place a notice on the title of the sending site indicating that a transfer of development rights has occurred and that there is a deed restriction in the form of a conservation easement. The department shall review and approve the deed of transferable development rights, subject to the requirements of this section, prior to its recording. Costs associated with the recordation shall be paid by the seller.
(4) Contents of deed. The deed of transferable development rights required by subsection (3) of this section shall specify the number of certified development rights sold or otherwise conveyed and the land use designation and zoning of the sending site on a form provided by the department and approved by the prosecuting attorney. The deed of transferable development rights must include:
(a) A legal description and map of the sending site.
(b) The names of the transferor and the transferee.
(c) A covenant that the transferor grants and assigns to the transferee a specified number of certified development rights from the sending site.
(d) Proof of ownership of the sending site by the transferor or, if the transferor is not the owner of the sending site, a declaration that the transferor has either:
(i) sold the sending site but retained the TDR certificates issued for the sending site pursuant to SCC 30.35A.050; or
(ii) obtained TDR certificates previously conveyed by an original deed of transferable development rights, which shall be identified by date of execution, the names of the original transferor and transferee, and the volume and page where it was recorded with the auditor.
(e) A covenant by which the transferor acknowledges no further use or right of use with respect to the certified development rights being conveyed.
(f) Certification of the number of certified development rights on the sending site and copies of the TDR certificates issued by the department for the sending site pursuant to SCC 30.35A.050.
(g) Proof of payment to the state of any required excise taxes and payment to the county of recording fees for the transaction.
(h) Proof of the execution and recordation of a conservation easement on the sending site, as required by SCC 30.35A.060.
(i) The signature of the director on behalf of the county upon acceptance of the deed for completeness. (Added by Amended Ord. 04-123, Dec. 15, 2004, Eff date Mar. 15, 2005; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013).