30.41C.110 Ownership and preservation of restricted open space.
The following provisions shall apply to the ownership and preservation of restricted open space as required in SCC 30.41C.090:
(1) Open space requirements must be met with restricted open space tract(s) held in separate ownership from residential lots and marked on the face of the plat with limited uses referenced.
(2) Restricted open space tracts shall be owned by a single property owner, a homeowners association, a public agency or a not for profit organization.
(3) When ownership of restricted open space is by a single property owner, the property owner shall:
(a) Record a restricted covenant against the open space tract that runs with the land and restricts the use of the open space tract to those uses allowed in SCC 30.41C.090(2); and
(b) Provide an open space management plan pursuant to SCC 30.41C.120.
(4) Common ownership shall be by the property owners of the subdivision as a whole, in the form of a homeowners association.
(a) The applicant shall provide the county with a description of the association, proof of incorporation of the association, a copy of its bylaws, a copy of the conditions, covenants and restrictions regulating the use of the property and setting forth methods for maintaining the open space.
(b) Membership in the homeowners association, and dues or other assessment for maintenance purposes, shall be a requirement of lot ownership within the development.
(5) All lands classified as natural resource lands, including lands designated mineral resource overlay, that are included in restricted open space areas shall be:
(a) Placed under a unified system of property management for the purpose of maximizing their continued or future management for beneficial resource production/conservation purposes; and
(b) If the land is designated mineral resource overlay it shall be subject to the requirements of SCC 30.32C.050.
(6) Forest practices within restricted open space shall be permitted, provided that:
(a) The activity is consistent with an applicable approved forest practice permit; and
(b) The activity is included in the open space management plan. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).