§ 19-125. Transfer of water and/or wastewater service capacity.

(a)

No assignment, sale or conveyance of a permittee's allocated service capacity to any other party to use on any other property not identified or described on the permit shall be valid. Permits may be transferred at the discretion of the county in accordance with subsection (c) of this section. The service capacity shall inure to the benefit of only the current and future owners of the property described in the permit and the permittee may not transfer service capacity to any property not identified in the permit. Any permittee may assign or transfer service capacity allocated by a permit to purchasers of land for which the permit was issued to serve and, upon application therefor, the county will reissue permits for any portion of service capacity transferred or assigned in connection with such transfer of ownership of land.

(b)

If a permittee wishes to assign its permit and all rights and obligations appertaining thereto as collateral for a loan encumbering a property described in the permit, he must apply to the county in writing requesting permission to make such an assignment or transfer of all such rights, duties, and obligations. The county may approve such application in its sole discretion, and may attach any conditions to said collateral assignment. At a minimum, such collateral assignment shall not be effective unless or until the conditional assignee acquires fee title in and to the property described by such permit, and the county receives written notice from the conditional assignee that it has acquired fee title to said property, together with copies of such legal documents evidencing that the conditional assignee has fee title to such property.

(c)

The county may, in its sole discretion, allow permittees to transfer all or a part of the capacity allocated by a permit to lands within the county's service area not described in the permit which are owned by such permittee (whether or not owned by the permittee on or after the effective date of this section) so long as no FDEP collection, distribution, or transmission system construction permit or approval has been issued or granted for the use of said capacity on the lands then described in such permit. Any such transfer shall also be subject to the other applicable requirements for transferring permits set forth in subsections (a) and (b) of this section.

(Ord. No. 96-35, § 6, 11-5-96)