Article 5. Notices and Restrictions on Property
14.100.080 Notice on Title.
A. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a wetlands critical area, geologically hazardous area, or fish and wildlife habitat conservation area or associated buffer to this type of area on which a development proposal has been approved shall file a notice with the Grays Harbor County auditor’s office recordings section according to the direction of the city. The notice shall state the presence of these critical areas or buffers on the property, the application of this chapter to the property, and the fact that limitations on actions in or affecting the critical areas or buffers may exist. The notice shall “run with the land.”
B. This notice on title shall not be required for the following activities:
1. Activities that are exempt or allowed under Section 14.100.050, except for emergency actions under Section 14.100.050(C) for which the director requires restoration or mitigation.
2. Activities that are allowed in wetland areas under Section 14.100.230.
3. Activities that are allowed in geologically hazardous areas under Section 14.100.420.
4. Activities for which the director has made a determination that critical areas are present but there is no impact under Section 14.100.034(E).
5. For a development proposal by a public agency or public or private utility:
a. Within a recorded easement or right-of-way;
b. Where the agency or utility has been adjudicated the right to an easement or right-of-way; or
c. On the site of a permanent public facility.
C. The director may require that a notice on title be filed in accordance with the procedures of Section 14.100.080 for a development activity in a seismic hazard area defined under Section 14.100.400(E) or a tsunami hazard area defined under Section 14.100.400(F) if, as a condition of the approval, the development activity must incorporate design or mitigation requirements that go beyond typical applicable building and construction codes.
D. The applicant shall submit proof to the city that the notice has been filed for public record before any site development or construction for the property begins or, in the case of subdivisions, short subdivisions, planned unit developments, and binding site plans, at or before recording.