Forsyth County › Unified Development Code
Chapter 18 — Subdivisions and Land Development, Article 8 — INTRAFAMILY LAND TRANSFERS
§ 18-8.1
Eligibility.
A land subdivision shall qualify as an intrafamily subdivision plat if it meets the following requirements:
(A)Each and every conveyance of a tract or parcel of land contained within the subdivision plan shall be an intra-family transfer to the children or the spouse and children of the Grantor or surviving heirs of deceased children of the Grantor.
(B)No consideration shall pass from the Grantees to the Grantors other than love and affection. Transfers for money, tangible or intangible personal property, real property exchanges, or other conveyances for consideration are excluded.
(C)The provisions of this Article shall be available only for minor subdivisions.
(D)The provisions of this Article shall apply only to simultaneous transfers of tracts or parcels of land and all platted parcels shall be immediately transferred with recording of the deeds simultaneously with the final subdivision plat.
(E)The proposed subdivision must meet all requirements of this Code
(F)No Grantee shall receive more than one approved parcel.
§ 18-8.2
Plat and Procedural Requirements.
To be eligible for approval, the following requirements shall be met:
(A)The proposed subdivision must contain only lots which are one (1) acre or greater in area, unless a variance is obtained.
(B)Each subdivided parcel shall be substantially equal in area as topography permits.
(C)A plat of the proposed subdivision shall be presented for approval to the Planning Commission.
(D)An easement for ingress and egress, minimum sixty (60) feet wide at all points, shall be shown on the plat running from a public road maintained by the State of Georgia, the Political Subdivision of Forsyth County or the City of Cumming to each divided tract or parcel. If such easement runs across lands of persons other than those owned by the proposed Grantor(s), reference must be given on the subdivision plat to the place of recording of the deed granting the sixty (60) foot easement across the property of such other person(s). The easement shall be owned by the Grantees in fee simple as tenants in common.
(E)The plat must contain thereon a notation as follows:
"The easement shown on this plat is for the exclusive use of the approved lots ____________________ shown. No other property shall be allowed to use the easement for ingress and egress until the easement meets County standards and is accepted by the governing authority. The approved lots shall not be further subdivided until such acceptance or upon the grant of variance pursuant to regulations. The property owner(s) shall be required to bring said easement and the travel way within the easement up to County standards prior to the dedication of the right-of-way and acceptance of maintenance by the County."
(F)The name of each Grantee shall be shown on each tract created.
(G)The sixty (60) foot easement shall traverse the tracts or parcels to be conveyed contiguous to the boundaries thereof and shall not divide a single tract or parcel.
(H)All deeds, affidavits, and costs for recording shall be submitted to the Planning and Community Development Department at the same time the final plat is presented for approval.
(I)The platted easement shall be cleared of trees and brush for safety purposes along the centerline thereof to a minimum width of thirty (30) feet with an installed traveled surface in the center of such thirty (30) foot strip, such installed traveled surface to be graded to a minimum width of twenty two (22) feet with adequate drainage provided to prevent flooding of the roadbed. All tracts or parcels shall use this right-of-way for ingress and egress to the publicly maintained road.
(J)The sixty (60) foot easement shall show two ten (10) foot wide strips within such right-of-way and contiguous to the boundaries thereof within which all utility installations serving the parcels shall be placed.
(K)The subdivision plat shall contain thereon, in addition to other notations required by this chapter for final plats, a notation that "no warranty deed, quit-claim deed, executor's or administrator's deed or assent to devise, or other transfer of any interest in the property shall be executed or recorded transferring any tract or parcel, or portions thereof, unless such division has been specifically approved by the Planning Commission.
(L)An affidavit, signed by all Grantors and Grantees in a form approved by the County Attorney, stating that no consideration for the transfer of the properties shall pass other than love and affection, shall be filed with the Department of Planning and Community Development.
ARTICLE IX, PRIVATE STREETS: