When the County issues a permit requiring mitigation under §§ 242-34, 242-40, and 242-42, the property owner must submit a complete permit application that is reviewed and approved by the County. The application shall include the following:
A. 
A site plan that describes the proposed mitigation measures.
(1) 
The site plan shall be designed and implemented to restore natural functions lost through development and human activities.
(2) 
The mitigation measures shall be proportional in scope to the impacts on water quality, near-shore aquatic habitat, upland wildlife habitat, and natural scenic beauty.
B. 
An implementation schedule and enforceable obligation on the property owner to establish and maintain the mitigation measures.
(1) 
The enforceable obligations shall be evidenced by an instrument recorded in the office of the Register of Deeds.
(2) 
Property owners have two years from the date the affidavit is signed to complete mitigation requirements.
C. 
To allow flexibility in meeting mitigation requirements of this chapter, an adjustment mechanism is hereby established. This schedule ascribes weighted values to dimensional increments and allows these units (points) to be flexibly combined to meet those requirements of this chapter. The balance of mitigation points required and earned shall be evaluated when a land use permit is issued. An affidavit which identifies the means by which mitigation points are earned shall be recorded in accordance with § 242-43B, prior to the issuance of the land use permit, and is to notify future owners of the property of the need to maintain such practices. A list of proposed development activities that requires mitigation and associated mitigation points required: Choose from the list and associated points below:
Points are required for developing property under these conditions:
Mitigation Points Required
Impervious surface coverage is greater than 15% but less than 20%
1
Impervious surface coverage is greater than 20% but less than 25%
2
Impervious surface coverage is greater than 25% but less than 30%
3
Lateral expansion of a nonconforming principal structure within the setback is less than or equal to 100 square feet
1
Lateral expansion of a nonconforming principal structure within the setback is greater than 100 square feet but less than 200 square feet
2
Relocation of a nonconforming principal structure within the shoreland setback and between 35 feet and 49.9 feet of the OHWM
1
Relocation of a nonconforming principal structure within the shoreland setback and between 50 feet and 64.9 feet of the OHWM
2
Relocation of a nonconforming principal structure within the shoreland setback and between 65 feet and 74.9 feet of the OHWM
3
D. 
A list of mitigation activities proposed to proportionally mitigate points per § 242-43C by listing mitigation points earned. The use of specific runoff control or infiltration structure is subject to approval by the Land Conservation Department. Choose from the list and associated points below:
Opportunities to earn mitigation points include:
Mitigation Points Earned
No existing structures in the shoreland setback area
1
Removal of a structure (principal or accessory structure, e.g., garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch, or fire pit) within the shoreland setback that is 0 square feet to 250 square feet
1
Removal of a structure within the shoreland setback that is 250 square feet to 500 square feet
2
Removal of a structure within the shoreland setback that is greater than 500 square feet
3
Installation of gutters with directional area towards a retention area and/or rain garden
1
Install a rain garden that treats 0 square feet to 250 square feet of impervious surfaces
1
Install a rain garden that treats 250 square feet to 500 square feet of impervious surfaces
2
Install a rain garden that treats greater than 500 square feet of impervious surfaces
3
Install a stormwater infiltration system (e.g., infiltration trenches, infiltration chambers, drywells, grass swales, or other comparable practices)
3
Removal of nonstructural impervious surfaces: each rounded to 500 square feet of pavement
0.5
Removal of nonstructural impervious surfaces: each rounded to 1,000 square feet of hard-packed gravel
0.5
Having an existing compliant shoreland buffer within 35 feet of the OHWM
2
Restore an active (accelerated recovery) compliant shoreland buffer
3
Restore a passive (natural recovery) compliant shoreland buffer
1
Restoration of native vegetation along both side yards, measured perpendicular to the lot line then at least 35 feet of the OHWM
0.5 for every 5 feet wide (maximum of 3 points)
Increasing depth of an existing compliant 35-foot shoreland buffer
0.5 for every 5-foot increase
Reducing width allowable view and access corridor(s)
1 for every 15-foot reduction
Leaving 25% to 49% of the parcel in a natural state
1
Leaving 50% to 74% of the parcel in a natural state
2
Leaving more than 74% of the parcel in a natural state
3
Sea wall removal and followed with bank stabilization using rock riprap, biologs, native vegetation, or other suitable stabilization practices
3
Increasing shoreland setback of a proposed principal structure
1 for every 10-foot increase (maximum of 3 points)
Removal of an existing artificial sand beach that is 200 square feet to 250 square feet in size within 35 feet of the OHWM with active restoration (accelerated recovery) of area
1
Removal of an existing artificial sand beach that is 250 square feet to 500 square feet in size within 35 feet of the OHWM with active restoration (accelerated recovery) of area
2
Removal of an existing artificial sand beach that is greater than 500 square feet in size within 35 feet of the OHWM with active restoration (accelerated recovery) of area
3
Use of exterior building materials or treatments that are inconspicuous and blend with the natural setting of the site
0.5
Lot size is larger than prescribed minimum
0.5 for each rounded 5,000-square-foot increment
Any other mitigation that is deemed appropriate by the Zoning Administrator may be used to meet the mitigation requirement of the chapter.
Variable