18E.10.080 Critical Area Protective Measures.
A. General. All critical area tracts, conservation easements, land trust dedications, and other similarly preserved areas shall remain undeveloped in accordance with the conditions of approval, except as they may be allowed to be altered pursuant to each Chapter.
B. Financial Guarantees.
1. Pierce County may require an applicant to submit one or more financial guarantees to the County, as set forth in each Chapter, to guarantee any performance, mitigation, maintenance, or monitoring required as a condition of permit approval. The approval for the project will not be granted until the financial guarantee is received by the Department. Projects where Pierce County or one of its departments is the applicant shall not be required to post a financial guarantee.
2. Financial guarantees required under this Title shall be:
a. In addition to the site development construction guarantee required in Title 17A PCC, Construction and Infrastructure Regulations – Site Development and Stormwater Drainage Appendix.
b. Financial guarantees shall be on an approved County form.
c. In the amount of 125 percent of the estimate of the cost of mitigation or monitoring to allow for inflation and administration should the County have to complete the mitigation or monitoring, unless the provisions set forth in PCC 18E.10.080 C. below are applicable.
d. Released by the County only when County officials have inspected the site(s) and the applicant's appropriate technical professional has provided written confirmation that the performance, mitigation, or monitoring requirements have been met.
C. Title and Land Division Notification.
1. General.
a. Title and/or land division notice shall be required to be recorded with the Pierce County Auditor on each site that contains a critical area, prior to approval of any regulated activity on a site.
b. If more than one critical area subject to the provisions of this Title exists on the site, then one notice, which addresses all of the critical areas, shall be sufficient.
c. Title and land division notifications and notes shall be approved by the Department and shall be consistent with PCC 18E.10.140 – Appendix B.
2. Title Notification.
a. When Pierce County determines that activities not exempt from this Title are proposed, the property owner shall file a notice with the Pierce County Auditor. The notice shall provide a public record of the presence of a critical area and associated buffer, if applicable; the application of this Title to the property; and that limitations on actions in or affecting such critical area and associated buffer, if applicable, may exist.
b. The notice shall be notarized and shall be recorded with the Pierce County Auditor prior to approval of any regulated use or activity for the site.
c. Notice on title is not required for utility line easements on lands not owned by the jurisdiction conducting the regulated activity (e.g., gas pipelines).
3. Land Division Notification and Notes. The applicant shall include notes, as referenced in PCC 18E.10.140 – Appendix B, on the face of any proposed final plat, binding site plan, large lot, and short subdivision documents for projects that contain critical areas or critical area buffers. The applicant shall also clearly identify the critical area boundaries and the boundary of any associated buffers on the face of these documents.
D. Tracts and other Protective Mechanisms. Prior to final approval of any subdivisions, short subdivisions, large lot divisions, or binding site plans, the part of the critical area and required buffer which is located on the site shall be placed in a separate tract or tracts. (See Figure 18E.10-2 in Chapter 18E.120 PCC), or alternative protective mechanism such as a protective easement, public or private land trust dedication, or similarly preserved through an appropriate permanent protective mechanism as determined by Pierce County. Approval of an alternative protective mechanism will be based upon the Department's or Hearing Examiner's, as applicable, determination that such alternative mechanism provides the same level of permanent protection as designation of a separate tract or tracts. Each lot owner within the subdivision, short plat, large lot, or binding site plan shall have an individual taxable interest in the tract(s) or protective mechanism created by this Section.
E. Homeowners Covenants. A description of the critical area and required buffer shall be placed in any required homeowners' covenants. Such covenants shall contain a detailed description of the allowable uses within the critical area and, if applicable, associated buffer and long-term management and maintenance requirements.
F. Identification of Critical Areas and Required Buffers on Construction Plans. Critical areas and required buffers shall be clearly identified on all construction plans such as, but not limited to, site development plans, residential building plans, commercial building plans, forest harvest plans, conversion option harvest plans, etc.
G. Markers, Fencing, and Signage.
1. Markers. The Department may require the outer edge of the critical area boundaries or, if applicable, required buffer boundaries on the site to be flagged by the qualified professional, as outlined in each Chapter. These boundaries shall then be identified with permanent markers and located by a licensed surveyor, unless otherwise stated in this Title. The permanent markers shall be clearly visible, durable, and permanently affixed to the ground.
2. Fencing.
a. Temporary Construction Fencing. Temporary fencing is required when vegetation is to be retained in an undisturbed condition within the critical area and required buffer. In such cases, the applicant will be required to construct silt fencing, construction fencing, or other County approved method of temporary fencing at the edge of the critical area or, if applicable, the edge of the required buffer prior to beginning construction on the site. Temporary fencing shall not be required when alteration to a critical area or the buffer is allowed.
b. Permanent Fencing. The Department may require the construction of permanent fencing along the buffer boundary of a wetland, fish or wildlife habitat conservation area or active landslide hazard area.
3. Signage.
a. The Department may require permanent signage to be installed at the edge of the critical area or, if applicable, the edge of the required buffer.
b. When a sign is required, it shall indicate the type of critical area and if the area is to remain in a natural condition as permanent open space.
c. Exact sign locations, wording, size, and design specifications shall be established by the Department. Required signage shall be clearly visible, durable, and permanently affixed to the ground.
d. Prior to final approval of any critical area application, the applicant shall submit an affidavit of posting to the Department as proof that any required signs were posted on the site.
H. Building Setbacks.
1. Unless otherwise provided in this Title, buildings and other structures shall be set back a distance of 15 feet from the edge of all critical area buffers or, where no buffers are required, the edge of the critical area.
2. The following uses and activities may be allowed in the building setback area:
a. Landscaping;
b. Uncovered decks;
c. Building overhangs if such overhangs do not extend more than 18 inches into the setback area;
d. Impervious ground surfaces, such as driveways, parking lots, roads, and patios, provided that such improvements conform to the water quality standards set forth in Title 17A PCC and that construction equipment does not enter the buffer during the construction process; and
e. Clearing and grading.