§ 33B-44. Transfer of severable use rights in unincorporated and incorporated areas.

(a)

Use in unincorporated areas. East Everglades severable use rights shall be freely transferable and may be used to secure a development bonus for the development of any parcel of land located within the land use regulatory jurisdiction of Metropolitan Miami-Dade County, provided that the development density or intensity of the parcel proposed for development complies with the standards and requirements of Section 33B-45 of this division. The purchase of severable use rights shall vest legal rights in the purchaser to utilize said rights within unincorporated Miami-Dade County. The purchaser of severable use rights shall have the affirmative duty to demonstrate that an instrument of conveyance or the use of a severable use right has been recorded in the chain of title in accordance with Section 33B-45(f) of this division.

(b)

Use in incorporated areas. East Everglades severable use rights shall also be freely transferable and may be used to secure a development bonus for the development of any parcel of land located within the land use regulatory jurisdiction of any municipality that allows the use of such rights subject to the requirements set forth in this division, provided that the development density or intensity of the parcel proposed for development complies with the standards and requirements of Section 33B-45 of this division. A participating municipality shall provide for the purchase of severable use rights to vest legal rights in the purchaser to utilize said rights within that municipality. The purchaser of severable use rights shall have the affirmative duty to demonstrate that an instrument of conveyance or the use of a severable use right has been recorded in the chain of title in accordance with Section 33B-45(f) of this division.

(Ord. No. 81-122, § 4, 10-27-81; Ord. No. 15-108, § 1, 10-6-15)