REVISEDFAMILY
TRANSFER/EXEMPTION
Family
Transfer - Is
defined in the Subdivision Regulations as: The
subdivision of land solely for transfer to a member or members of the
immediate family of the owner of the lot of record.
Only one such lot within the County shall be allowed for each
member of the immediate family on or after the effective date of this
section. Persons who are
married to each other shall be entitled to one parcel from each of the
respective partner’s families, for a total of two (2) lots or parcels.
Parcels created via the family transfer are subject to the following
provision:
(1)
The parcel may not be re-subdivided to create additional lots of
record for a period of five (5) years from the date of recordation in
the Office of the Clerk of the Berkeley County Commission:
The
Requirements of Family Transfer Plats:
A
Final Plat shall adhere to the standards found in Section 504.1, but may
be submitted on an 8 ˝” x 14" minimum size sheet, provided that
the planned transfer can be shown in sufficient detail at this scale.
Final Plats shall contain statements on the plat,
signed by the developer that certifies:
(1)
“The intent of the owner to transfer the land only to a member
of the immediate family (grandparents, parents, children, grandchildren,
siblings or adopted children). A lot which is created via a
family transfer exception may not be re-conveyed to a non-family member
for a period of five (5) years from the date of recordation of the plat
of record without a variance from the Planning Commission.”
(2)
If applicable, include a statement indicating the “lot is on a
private right-of-way and maintenance of the access will be the future
lot owner’s responsibility”. The
minimum width of the private right-of-way shall be forty (40) feet.
FAMILY
TRANSFER/ EXEMPTION PROCESS
- Contact a surveyor to have a
plat drawn up showing the division of land.
- Contact the appropriate
facility to have water and sewer availability (Health Department
approval for well and septic, or the Berkeley County Public Service
Sewer and Water District(s) for access to public water and sewer).
- Contact an attorney to have a
proposed deed of transfer drafted to show the relationship of the
parties involved.
Once you are
ready to make your submission to our office (Planning Department), we
will need the following items:
- Four
(4) original plats which have been signed and sealed by the WV
liscenced surveyor who prepared the plat.
- A
proposed deed of transfer
- Planning
Department Application for a Minor Subdivision
- Completed
Minor Subdivision Checklist
- Water
and Sewer Intent to Serve Letters OR a Stamped Plat from the
Berkeley County Health Department
- Appropriate
fees, as delineated on the application.
Questions
may be directed to:
