A. To inform subsequent purchasers of real property of the existence of critical areas excluding soil liquefaction (seismic hazard area), tsunami hazard areas, critical aquifer recharge areas, and floodplain outside of the floodway or channel migration area, the owner of any real property containing a critical area or buffer on which a development proposal is submitted and approved shall file a notice with the Records Division of Pacific County. The notice shall run with the property. The applicant shall submit proof that the notice has been filed for public record prior to building permit approval or prior to recording of the final plat in the case of subdivisions. The notice shall state:
1. The presence of the critical area or buffer on the property;
2. The use of this property is subject to provisions of this title of the city code, and
3. That limitations on actions in or affecting the critical area and/or buffer may exist.
B. The notice on title shall not be required where proposed work on existing structures or uses is valued at less than fifty percent (50%) of the assessed value of the existing structure or use and does not increase the area of impact to the critical area or its buffer.
C. The notice on title shall not be required for a development proposal by a public agency or public or private utility:
1. Located within a recorded easement or right-of-way; or
2. Where the agency or utility has been adjudicated the right to an easement or right-of-way. (Ord. 985, 10-5-2020)