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sanitation, potable water supply, protection of sensitive areas or other unique conditions or features which may warrant protection of the public health, safety and welfare . Such preliminary conditions shall not be binding at the time of building permit approval. 2. The recommendations and comments of agencies having pertinent expertise or jurisdiction . 3. Proof that all lots or tracts created by binding site plan are approved for irrigation delivery by the appropriate irrigation entity or entities . 4. The director may require dedication of additional road right-of-way pursuant to criteria contained in Kittitas County Code. C. Additional documents shall be submitted as necessary for review and approval and may include a plat certificate , boundary survey, agreements, easements , covenants. D. The plan must be approved and signed in the same manner as a short plat. Prior to recording, the director shall verify the final plan and any attachments to determine whether the bind ing site plan is accurate and complete and complies with any conditions or approval. Approval of a binding site plan does not give the applicant a vested right to build without regard to subsequent changes in zoning or building codes or other applicable land use regulations prior to application for a building permit on the subject property. E.Qpen Space. All plats which Include open space shall contain approoriate plat notes to ensure the area will not ~Jur thersubdi ylded inlhe future . the use of the open space for thepurnose specified will continue in perpettli~. and the open soace wlll .be appropriately maintained to control noxious weeds and fire hazards . Theidentitied open space tracts shall be preportionatelyowned by tenants in the common . and retained by ,eacb home owner. and will be assessed . taxed. and foreclosed ,upon eaeh building lot not fulfilling their obligation . Open space lots shall na l be required to be transferred to the other lot owners to be held in common ownership so long as the lots are used for the purposes of agricultllral activ ities as that term is defin'ed by RCW 90 .58 .06S(2)(a ) or the lots are designated as -limber and forestlands according 10 RQW 84 33 . Open space lots created as a result of an Agricultural Plat shall not be required to be transferred to Ihe other lets owners to be held in common ownership. F. This requirement shall not apply to lots retained by the originallandowoer or subsequent landowner's) for the purpose of provid in g Improved recreational facilities serving the benefited parcels . For the purposes of this condition. improved recreational facilities shall be those which exceed $100,000 in value. G. Non-buildable Lots . Any lots ·created specifically for. ordomlnated .by . easements . roadways. stQrm water relentioD facililies . septic facilities or other purposes and as.a result are noo-bulldable shall be propo rt ionately owned by tenants in the common . and retain ed by each 1101]9 owner. and will be assessed. taxed . an d. foreclosed upon each building lot not fuifililng their obligation . 16,09,40 Development regulations, 1. Cluster plats , Conservation and Agricultural piats are subject to the following provisions: a. Notification Requirement. If appropriate , the final plat and all conveyance instruments shall contain the following notice : "The subject property is within or near existing agricultural or other natural resource areas on which a variety of activities may O(;(;UI lhal are nol compatible with residential development for certain periods of varying duration. Agricultural or other natural resource activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances. Kittitas 2016 Docket Enabling Ordinance Ord. # 2016-023 December 6, 2016 Page 16