(a) Eligible properties. An application for amendment to the buffer modification area maps may be made for lots that contained impervious surfaces as of December 1, 1985 or for undeveloped lots located between developed lots.
(b) Who may file. An application shall be filed by a person having a financial, contractual, or proprietary interest in the affected property.
(c) Contents. An application shall include:
(1) the tax map, block, lot, and parcel numbers and subdivision name for the affected property;
(2) the current critical area classification;
(3) a statement of current and proposed uses of the property and all environmental conditions and features;
(4) a statement of the current uses and location of existing structures on all properties adjacent to the property for which a buffer modification is requested;
(5) a site development plan at a scale of one inch equals 40 feet identifying or containing the following:
(i) a vicinity map;
(ii) all impervious surface, including structures, walks, patios, and pools on the property;
(iii) plants, trees, and foliage on the property, including details of the species and diameter of trees and a general description of other planting areas;
(iv) the minimum front yard setback requirements for the zoning district and the setback of existing structures from the property line;
(v) location of the shoreline and distance to all structures on the site; and
(vi) identification of any habitat protection area, slopes of 15% or greater, expanded buffer, and forest interior dwelling birds on the property and adjacent properties;
(6) a statement of the justification for the proposed buffer modification, including an explanation of why the buffer on the property to be affected is nonfunctional; and
(7) evidence of the existence of the structure or impervious surface within the buffer as of December 1, 1985.
(Bill No. 4-05)