19.70.135 Title notification.
A. Generally. A critical area notice on title is required, as a condition of permit issuance or project approval, when a permit or development application is submitted for development on any property containing a critical area or buffer. The purpose is to inform subsequent purchasers of real property of the existence of critical areas.
1. The title notice requirement can be met through recording of a title notice on forms prepared by the city, establishment of a critical area tract, or recording of a native growth protection area easement, consistent with subsections (B) through (D) of this section, as applicable.
2. The following must be noted on all critical area title notice documents:
a. Identification of ownership and long-term maintenance responsibility of critical areas, buffers, and permanent field markings (e.g., fencing, signage);
b. Restrictions on development, vegetation removal, and application of hazardous substances (pesticides, herbicides, fertilizers) within the critical areas and buffers;
c. The right of the city to enforce the terms of the restrictions.
B. Title Notice. The title notice applicable to the property must be approved by the decision-maker and City Attorney for compliance with this provision and be filed by the property owner, at their expense, with the Skagit County Auditor’s Office. The title holder will have the right to challenge this notice and to have it extinguished if the critical area designation no longer applies. However, the title holder is responsible for completing a critical area report, subject to approval by the decision-maker, before the notice on title can be extinguished. The title notice runs with the land.
C. Critical Area Tract. Subdivisions, short subdivisions, and binding site plans must establish a separate critical area tract as a permanent protective measure for wetlands, fish and wildlife habitat conservation areas, and geological hazard areas and their buffers. The plat or binding site plan for the project must note the long-term ownership/maintenance responsibility as well as clearly depict the critical area tract, including all of the subject critical area, any required buffer, and any additional lands included voluntarily as part of the project. Should the critical area tract include several types of critical areas, separate critical area tracts must be identified.
D. Native Growth Protection Easements (NGPE). NGPE easements are required on a property where no subdivision, short subdivision, or binding site plan is proposed or required. Unless otherwise required in this chapter, NGPE easements must be recorded on title for all affected parcels prior to approval of a development application or building permit, when two or more dwelling units and/or nonresidential developments are proposed on one parcel, to delineate and protect critical areas and their buffers. The easement to be recorded must clearly depict the critical area(s), required buffer(s) and the limits of the NGPE easement. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)