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applicable land use regulations prior to application for a building permit on the subject <br />property. <br />5. Open Space. All plats which include open space shall contain appropriate plat notes to <br />ensure the area will not be further subdivided in the future, the use of the open space for <br />the purpose specified will continue in perpetuity, and the open space will be appropriately <br />maintained to control noxious weeds and fire hazards. The identified open space tracts <br />shall be proportionately owned by tenants in the common, and retained by each home <br />owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling <br />their obligation. Open space lots shall not be required to be transferred to the other lot <br />owners to be held in common ownership so long as the lots are used for the purposes of <br />agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are <br />designated as timber and forestlands according to RCW 84.33. Open space lots created as <br />a result of an Agricultural Plat shall not be required to be transferred to the other lots <br />owners to be held in common ownership. <br />6. This requirement shall not apply to lots retained by the original landowner or subsequent <br />landowner(s) for the purpose of providing improved recreational facilities serving the <br />benefited parcels. For the purposes of this condition, improved recreational facilities shall <br />be those which exceed $100,000 in value. <br />7. Non-buildable Lots. Any lots created specifically for, or dominated by, easements, <br />roadways, storm water retention facilities, septic facilities or other purposes and as a <br />result are non-buildable shall be proportionately owned by tenants in the common, and <br />retained by each home owner, and will be assessed, taxed, and foreclosed upon each <br />building lot not fulfilling their obligation. <br />(Ord. 2019-013, 2019; Ord. 2016-023, 2016; Ord. 2015-010, 2015; Ord. 2014-015, 2014; Ord. <br />2014-005, 2014; Ord. 2011-013, 2011; Ord. 2005-31, 2005) <br />16.05.030 Appeal. <br />Any decision by the director shall be final unless appealed to the Board of County <br />Commissioners as provided for in KCC 15A.07. (Ord. 2005-31, 2005) <br />16.05.040 Recording. <br />The proposed binding site plan approved by the County shall be recorded with the Kittitas <br />County Auditor within 30 days of approval. Upon recording, the site plan shall be binding on the <br />owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall <br />only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter <br />64.32 R.C.W, provided the structure or structures, road and parking systems, and related <br />facilities substantially conform to the recorded building plan. (Ord. 2005-31, 2005) <br />16.05.060 Amendments and Rescindment. <br />1. Amendment of a recorded binding site plan shall be accompanied by following the same <br />process as required for a new application as set forth in this Chapter. <br />2. Upon request of the owner or owners of a legal lot or lots subject to a recorded site plan, <br />the director shall rescind all or a portion of the binding site plan, provided that any <br />Docket Item #1