30.62B.160 Permanent identification, development restrictions, and recording.
The following measures for permanent identification, development restrictions and disclosure of geologically hazardous areas are required for any development activity or action requiring a project permit, except those occurring in public and private road or utility easements and rights-of-way, or those conducted for the primary purpose of habitat enhancement or restoration.
(1) Critical area site plan.
(a) All erosion, landslide, and mine hazard areas, seismic faults and structure setback areas shall be designated on a critical area site plan.
(b) A critical area site plan is any site plan approved by the department that includes but is not limited to subdivisions, records of survey, official site plans, administrative site plans, binding site plans, or other form drawn to a standard engineering scale that includes at minimum the following:
(i) the boundaries of the site;
(ii) the boundaries of the property;
(iii) a legal description of the subject property;
(iv) accurate locations of the geologically hazardous area(s), identified by hazard type; and
(v) visual and written documentation of any permanent restrictions on development activities in the geologically hazardous area occurring as a result of compliance with this chapter, including, but not limited to: structural setbacks and vegetation retention requirements or other restrictions as may be required pursuant to this chapter.
(2) Recording. Critical area site plans or disclosure notices as required pursuant to subsection (1) or (3) of this section shall be recorded with the county auditor. Documentation of recording shall be provided to the department prior to permit issuance.
(3) Disclosure requirements for buildings in volcanic and tsunami hazard areas. A disclosure notice acknowledging that the development is occurring on or within 200 feet of a volcanic or tsunami hazard area. The notice shall include the following disclosure text, as appropriate:
(a) For volcanic hazard areas, "This property is on or within 200 feet of the Glacier Peak Volcanic Hazard Area, which is subject to periodic and potentially life-threatening destructive mud, water, and debris flows."; or
(b) For tsunami hazard areas, "This property is on or within 200 feet of a tsunami hazard area, which could be subject to potentially life-threatening destructive waves."
(4) Notice, disclosure, and covenant requirements for development activities or actions requiring a project permit in a landslide hazard area, except for approvals for fences, retaining walls, deflection walls or landslide mitigation, shall include the following:
(a) A covenant between the owner(s) of property and the county is required prior to approving any application for any development activity or action requiring a project permit proposed on property within a landslide hazard area unless the proposed development activity is described in a covenant that is already recorded on the property pursuant to this subsection.
(b) A covenant shall not be required where the permit or approval is for work done by the county.
(c) The covenant shall be recorded with the county auditor, and a copy of the recorded covenant provided to the department, before a permit may be issued.
(d) The covenant shall describe the specific types of risks identified in the geotechnical report prepared pursuant to SCC 30.62B.140, shall be signed by the owner(s) of the property, shall be notarized, shall run with the land, and shall include, but not be limited to, the following:
(i) A description of the property condition making this subsection (4) applicable;
(ii) A statement that the owner(s) of the property understands and accepts the responsibility for the risks associated with development on the property given the described condition, and agrees to inform future purchasers and other successors and assignees of the risks;
(iii) The application date, type and number of the permit or approval for which the covenant is required and a description of any future development activities that the owner(s) chooses to include in the covenant;
(iv) A waiver and release of any right to assert claims against the county arising out of the issuance of any permit or approval by the county for development or alteration of the property, except for such losses that directly result from the sole negligence of the county; and
(v) An abstract of the geotechnical report prepared pursuant to SCC 30.62B.140(3).
(5) Previously approved critical area site plans.
(a) Any development activity, action requiring a project permit or clearing occurring consistent with a previously approved critical area site plan shall be governed according to the terms and conditions of the approved site plan, provided that all erosion, landslide, mine and seismic hazard areas have been adequately identified and appropriate measures for the protection of public safety have been established.
(b) To ensure that all landslide hazard areas have been adequately identified and appropriate measures for the protection of public safety have been established, the department may require compliance with the requirements for a geotechnical report pursuant to SCC 30.62B.140 for approval of any development activity, action requiring a project permit or clearing, notwithstanding approval of any previous application or site plan. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 15-034, Sept. 2, 2015, Eff date Nov. 1, 2015).