New development or redevelopment activities, including structures, roads, parking areas and other impervious surfaces, lot coverage or septic systems will not be permitted in the Buffer in a designated BMA unless the applicant can demonstrate that there is no feasible alternative and the Planning Commission finds that efforts have been made to minimize Buffer impacts and the development shall comply with the following standards:
A. 
Development and redevelopment activities have been located as far as possible from mean high tide, the landward edge of tidal wetlands, or the edge of tributary streams.
B. 
Variances to other local setback requirements have been considered before additional intrusion into the Buffer.
C. 
Commercial, industrial, institutional, recreational and multifamily residential development and redevelopment shall meet the following standards:
(1) 
New development, including accessory structures, shall minimize the extent of intrusion into the Buffer. New development shall not be located closer to the water (or edge of tidal wetlands) than the minimum required setback for the zoning district or 50 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line.
(2) 
Redevelopment, including accessory structures, shall minimize the extent of intrusion into the Buffer. Redevelopment shall not be located closer to the water (or edge of tidal wetlands) than the local setback for the zoning district or 25 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. A new structure may be constructed on the footprint of an existing structure.
D. 
Single-family residential development and redevelopment shall meet the following standards:
(1) 
New development or redevelopment shall minimize the shoreward extent of intrusion into the Buffer. New development and redevelopment shall not be located closer to the water (or the edge of tidal wetlands) than principal structures on adjacent properties or the local setback for the zoning district, whichever is greater. In no case shall new development be located less than 50 feet, or redevelopment be located less than 25 feet, from the water (or the edge of tidal wetlands).
(2) 
Existing principal or accessory structures may be replaced in the same footprint.
(3) 
New accessory structures may be located closer to the water than the setback if the Town of Federalsburg has determined there are no other locations for the structures. The area of new accessory structures shall not exceed 500 square feet within 25 feet of the water and 1,000 square feet total in the Buffer.
E. 
Variances to other local setback requirements shall be considered before additional intrusion into the Buffer is permitted.
F. 
Development and redevelopment may not impact any Habitat Protection Area (HPA) other than the Buffer, including nontidal wetlands, other state or federal permits notwithstanding.
G. 
Buffer Management Area (BMA) designation shall not be used to facilitate the filling of tidal wetlands that are contiguous to the Buffer or to create additional buildable land for new development or redevelopment.
H. 
No natural vegetation may be removed in the Buffer except that required by the proposed construction.
I. 
Mitigation for development or redevelopment in the BMA approved under the provisions of this subsection shall be implemented as follows:
(1) 
Natural forest vegetation of an area twice the extent of the footprint of the development activity within the one-hundred-foot Buffer shall be planted on site in the Buffer or at another location approved by the Planning Commission.
(2) 
Applicants who cannot fully comply with the planting requirement in Subsection I(1) above may offset by removing an equivalent area of existing lot coverage in the Buffer.
(3) 
Applicants who cannot comply with either the planting or offset requirements in Subsection I(1) or (2) above shall pay $1.50 per square foot into a fee-in-lieu program.
(4) 
Any fees-in-lieu collected under these provisions shall be placed in an account that will assure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of Federalsburg's Critical Area Chapter. The funds cannot be used to accomplish a project or measure that would have been required under existing local, state, or federal laws, regulations, statutes, or permits. The status of these funds must be reported to the Critical Area Commission on an annual basis.
(5) 
Any required mitigation or offset areas shall be protected from future development through an easement, development agreement, plat notes or other instrument and recorded among the land records of the county.