(a) Scope. This section applies to all single family detached residential development in a buffer modification area.
(b) Expansion of existing lot coverage. Lot coverage added during the expansion or replacement of an existing structure shall meet the following criteria:
(1) No new lot coverage shall be placed nearer to the shoreline than the closest facade of the existing principal structure; landscape or retaining walls, pergolas, patios, and swimming pools may not be considered as part of the principal structure.
(2) The structure or expansion shall be designed and located to maximize the distance from the shoreline and to enhance and protect the environmentally sensitive features on the site, taking into account the natural features.
(3) Variances to the setback requirements of the underlying zoning shall be considered before buffer disturbance.
(c) In-kind replacement. In-kind replacement of existing lot coverage shall meet the following criteria:
(1) In-kind replacement of existing lot coverage is allowed when reconstruction occurs on the same foundation or within the same footprint as previously existing development and meets the criteria for reconfiguration specified under § 17-8-403.
(2) In-kind replacement or reconstruction of the existing foundation is allowed when necessary for structural stability.
(d) New structure. The design and location of a new structure shall maximize ESD design criteria and shall:
(1) maximize the distance between the shoreline and the structure, taking into account the natural features of the site and the required placement of utilities on the site;
(2) accommodate the location of existing or proposed septic systems, storm drains, wells, and other utilities;
(3) be compatible with existing patterns of residential, industrial, commercial, or recreational development;
(4) maximize the ability of the buffer to provide for the removal or reduction of sediments, nutrients, and potentially harmful or toxic substances, including non-structural stormwater management practices, in runoff entering the bay and its tributaries;
(5) minimize the adverse effects of human activities on wetlands, shorelines, stream banks, tidal waters, and aquatic resources;
(6) maintain an area of transitional habitat between aquatic and terrestrial communities;
(7) maintain the natural environment of streams; and
(8) protect riparian wildlife.
(e) Mitigation for lot coverage in the buffer modification area. Mitigation for new lot coverage or for replacement of existing lot coverage in the buffer modification area is required as follows:
(1) For every square foot of additional lot coverage within 100 feet of the mean high water line, a vegetated buffer shall be planted within the buffer modification area at a ratio of two times the amount of lot coverage.
(2) If a variance is required, a vegetated buffer shall be planted within the buffer modification area at a ratio of 3:1 for the additional area of disturbance granted under the variance.
(3) If the Office of Planning and Zoning determines that space for onsite mitigation within the buffer is insufficient, mitigation may be located according to the following order of preference:
(i) onsite location outside the buffer modification area;
(ii) offsite location within the critical area; or
(iii) payment to the County of a fee as required by Title 11.
(Bill No. 3-05; Bill No. 93-12)