The boundary at the outer edge of the critical area or buffer shall be identified with signs or markers every 100 feet, or as approved by the director, to clearly indicate the location of the critical area. The edge of the critical area and buffer area shall be clearly staked, flagged, and fenced prior to any site clearing and construction.
(Ord. 2004-603 § 2)
A. 
The owner of any property containing a critical area or buffer on which a development proposal is approved shall file a notice with the Snohomish County auditor according to the direction of the city. The notice shall at a minimum state the general presence of the critical area or buffer on the property, the application of this chapter to the property, that limitations on actions in or affecting the critical area or buffer may exist, and list all applicable conditions or restrictions imposed under the authority of this chapter. The notice shall run with the land.
B. 
The notice on title shall not be required for a development proposal by a public agency or public or private 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 any occupancy or use of the approved development.
(Ord. 2004-603 § 2)
A. 
All development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans shall use separate critical area tracts to delineate and protect the following contiguous critical areas and buffers comprising 1,000 square feet or more of area:
1. 
All landslide and erosion hazard areas and buffers;
2. 
All wetlands and buffers;
3. 
All fish and wildlife habitat conservation areas and buffers; and
4. 
All other lands to be protected from alteration as conditioned by the development approval.
B. 
Critical area tracts shall be designated as native growth protection areas (“NGPA”) and shall be recorded on all documents of title for all affected lots or land areas.
C. 
Critical area tracts shall be designated on the face of the plat, binding site plan or recorded drawing in a format approved by the city attorney. The designation shall at a minimum include the following restrictions:
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;
2. 
The right of the city to enforce the terms of the restriction; and
3. 
The city may require that any required critical area tract be 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 ensures the ownership, maintenance, and protection of the tract.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))
A. 
Buildings and other structures must be set back at least 10 feet from the edges of all critical area buffers unless an alternative setback is required by MCMC § 18.06.1260(A)(2)(b) or otherwise allowed by the development code. The following may be allowed in the building setback area:
1. 
Landscaping;
2. 
Uncovered decks not more than 30 inches above grade;
3. 
Building overhangs if such overhangs do not extend more than 18 inches into the setback area; and
4. 
Impervious ground surfaces less than 2,500 square feet, such as driveways and patios; provided, that such improvements may be subject to city and state water quality regulations.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))