19.37.220 Critical area protective requirements—Setbacks from buffers—Fencing—Signs—Covenants.
A. General Requirements. Storage of building materials, junk and other items is not permitted within critical areas or buffers. All construction staging areas must be shown on approved plans and located outside of critical areas and buffers.
B. Setbacks from Buffers. To maintain the integrity of the buffer, principal buildings shall be set back a minimum of ten feet from the edges of all critical area buffer boundaries. All other structures and improvements shall maintain a setback of five feet from the edge of the buffer.
C. Fencing and Other Protection Mechanisms. Except for utility and road projects, the city shall require that any development proposed on a lot which contains or adjoins a critical area provide a fence or other structural protection along the outer edge of a buffer to minimize encroachment and disturbance. Fencing shall be split-rail or an alternative approved by the planning director. Fencing must be installed in a manner that allows continuous wildlife habitat corridors along critical fish and wildlife areas.
D. Signs. The city may require the applicant to provide informational signs in conspicuous locations on the fence or near the wetland to identify the wetland as a critical area and the importance of maintaining it in a clean and undisturbed condition. Such signs shall meet the requirements for incidental signs as specified in Chapter 19.36.
E. Protection of Significant Trees within Buffers (Heritage Trees and Evergreens at Least Eight-Inch Diameter at Breast Height). If trees are identified on the outer edge of the buffer such that their drip line extends beyond the buffer edge, the following tree protection requirements must be followed:
1. A tree protection area shall be designed to protect each tree or tree stand during site development and construction. Tree protection areas may vary widely in shape, but must extend a minimum of five feet beyond the existing tree canopy area along the outer edge of the drip line of the tree(s), unless otherwise approved by the department.
2. Tree protection areas shall be added and clearly labeled on all applicable site development and construction drawings submitted to the department.
3. Temporary construction fencing at least thirty inches tall shall be erected around the perimeter of the tree protection areas prior to the initiation of any clearing or grading. The fencing shall be posted with signage clearly identifying the tree protection area. The fencing shall remain in place through site development and construction.
4. No clearing, grading, filling or other development activities shall occur within the tree protection area, except where approved in advance by the department and shown on the approved plans for the proposal.
5. No vehicles, construction materials, fuel, or other materials shall be placed in tree protection areas. Movement of any vehicles within tree protection areas shall be prohibited.
6. No nails, rope, cable, signs, or fencing shall be attached to any tree proposed for retention.
7. The department may approve the use of alternate tree protection techniques if an equal or greater level of protection will be provided.
F. Critical Area Covenants. Except as provided for below, the city shall require that all features classified as critical areas by this chapter and their buffers, including fish and wildlife habitat conservation areas, be placed in critical area protective covenants. Covenants shall not be required for:
1. Utility and road projects in public rights-of-way.
2. Utility and road projects on private easements where the proponent does not own the land.
3. Any development within the special flood hazard area will require a notice on title that the property contains land within the riparian habitat zone and/or special flood hazard area.
G. Critical Area Tracts. The city may require that any area classified as a critical area and its buffer be placed in a separate tract, rather than included in the protective covenant. A tract shall be required when the proposal includes a short subdivision or binding site plan. Such a tract shall remain in the same ownership as the parcel it was segregated from; placed into undivided common ownership of all lots within a proposed subdivision, short subdivision, or binding site plan; or dedicated to a public agency which is willing to accept the tract for long-term management of the protected resource.
H. Notice on Title. The owner of any property on which a development proposal is submitted shall file with the Snohomish County auditor a notice approved by the planning department, which shall provide notice in the public record of the presence of the critical area covenant or tract, the application of this chapter to the property, and that limitations on actions in or affecting such areas may exist. The applicant shall submit proof that the notice has been filed for record before the city may approve any development proposal on the site. The notice shall run with the land, and failure to provide such notice to any purchaser prior to transferring any interest in the property is a violation of this chapter. (Ord. 3676-19 § 26, 2019; Ord. 2909-06 § 22, 2006.)