A. 
In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the county records and elections division according to the direction of the City. The notice shall state the presence of the critical area or buffer on the property, of the application of this chapter to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land.
B. 
This notice on title shall not be required for a development proposal by a public agency or utility:
1. 
Within a recorded easement or right-of-way;
2. 
Where the agency or utility has been adjudicated the right to an easement or right-of-way; or
3. 
On the site of a permanent public facility.
C. 
The applicant shall submit proof that the notice has been filed for public record before the City approves any development proposal for the property or, in the case of subdivisions, short subdivisions, and binding site plans, at or before recording.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
A. 
Critical area tracts shall be used in development proposals for subdivisions, short subdivisions, site plan reviews, commercial and multifamily building permits, and binding site plans to delineate and protect those contiguous critical areas and buffers listed below:
1. 
All wetlands and their buffers;
2. 
All streams, lakes and their buffers;
3. 
All fish and wildlife habitats of importance;
4. 
Geologically hazardous areas and buffers, if applicable; and
5. 
All other lands to be protected from alterations as conditioned by project approval.
B. 
Critical area tracts shall be recorded on all documents of title of record for all affected lots.
C. 
Critical area tracts shall be designated on the face of the plat, short plat or recorded drawing in a format approved by the City. The designation shall include the following restriction:
1. 
An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and
2. 
The right of the City to enforce the terms of the restriction.
D. 
The City shall determine at the City’s discretion that any required critical area tract be dedicated to the City, held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowners’ association or other legal entity (such as a land trust), which assures the ownership, maintenance, and protection of the tract.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
Unless otherwise provided in this chapter or in Division I of KMC Title 16 (Shoreline Management), buildings and other structures shall be set back a distance of 15 feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. Structures that may extend into or be located in the required setback are listed in KMC § 18.30.230.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
A. 
When mitigation required pursuant to a development proposal is not completed prior to the City final permit approval, such as final plat approval or final building inspection, the City shall require the applicant to post a performance bond or other security in a form and amount deemed acceptable by the City. If the development proposal is subject to mitigation, the applicant shall post a mitigation bond or other security in a form and amount deemed acceptable by the City to ensure mitigation is fully functional.
B. 
The performance bond shall be in the amount of 125 percent of the estimated cost of the installed mitigation project (including monitoring) or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater.
C. 
The bond shall be in the form of a surety bond, performance bond, assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the city attorney.
D. 
Bonds or other security authorized by this section shall remain in effect until the City determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the City for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.
E. 
Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.
F. 
Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.
G. 
Any failure to satisfy critical area requirements established by law or condition, including but not limited to the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the City may demand payment of any financial guarantees or require other action authorized by the City code or any other law.
H. 
Any funds recovered pursuant to this section shall be used to complete the required mitigation.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))
Reasonable access to the site shall be provided to the City, State, and federal agency review staff for the purpose of inspections of the critical area during any proposal review, restoration, emergency action, or monitoring period.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))