§ 20.62.050. Effect of transfer of development rights.

After development rights have been transferred from a property in the Sending Area, the following shall apply:

1.

The sending area parcel may be subdivided or used only for agricultural uses, as defined and permitted in Chapter 20.08A (Long-Term Agriculture District), except that subdivision for residential purposes, including a farm residence, as authorized by the underlying zone shall be permitted only if transferable development rights have been reserved for each dwelling to be constructed on the subject property prior to subdivision. If subdivision is not required, a transferable development right shall be reserved prior to construction of any single-family dwelling. A reserved transferable development right may be used to construct a single-family dwelling only if it has been attached by a document of attachment to a legal lot. These reserved transferable development rights may be used only on the original sending area parcel or its legal subdivisions.

2.

All certified transferable development rights and the value of such rights shall be deemed for all other purposes to be appurtenant to the sending area parcel until such rights are (a) transferred by a recorded deed of transfer, or; (b) separated from the sending area parcel when it is sold or otherwise conveyed without the TDRs which have been certified for that property.

3.

Nothing in such restrictions shall be construed to convey to the public a right of access or use of the property; the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the TDR easement.

(Ord. 11398 § 3 (part), 1997: Ord. 11049 § 5, 1995)