Open space is not a requirement of subdivisions. If provided, open space tracts shall be conveyed to homeowners' association by written instrument, or dedicated to the city under conditions subject to city approval, and the homeowners' association will be responsible for any maintenance associated with the open space tracts. If the homeowners' association fails to responsibly maintain an open space tract and the City of Sultan must take responsibility for maintenance to ensure public safety and/or environmental protection, the city can lien the properties of the individual homeowners to recover costs for such maintenance responsibilities.
A. Open Space Permitted Uses. Permitted open spaces uses include the following:
1. Floodways and environmentally sensitive areas as defined by Chapter
17.10 SMC;
2. Lands with slopes of 25% or more;
4. Passive recreation uses including nature interpretive areas, bird watching facilities, trails, and similar uses as approved by the community development director;
5. Drainage facilities, including any of the following:
a. Unfenced detention, retention and wet ponds;
b. Stormwater treatment wetlands;
c. Stormwater infiltration trenches and bioswales that serve more than one dwelling; and
d. Vegetated areas located above underground detention facilities.
B. Lands not included within lots to be developed and sold or dedicated for required public improvements may be recorded as open space tracts. Environmentally sensitive areas shall be protected as separate tracts or established as native growth protection areas with proper signage.
C. Access for pedestrians may be provided from all dwellings within a development to the open space areas through trails, sidewalks, pathways or other similar means of access pursuant to Chapter
12.20 SMC.
D. Open space areas designated and protected in accordance with this title shall not include any portion of privately owned yards.
E. Any dedication off site, improvements off site, or financial contribution previously made shall be held, used, administered and/or returned in accordance with the terms of the developer agreement or terms of approval for the development under which the dedication, improvement or payment occurred.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1284-17 § 1 (Exh. A); Ord. 1328-20 § 6 (Exh. A); Ord. 1418-25, 7/24/2025)