(a)

For purposes of this division, mitigation means balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities. When the county issues a permit requiring mitigation under sections 38-746(d)(2) or 38-748(c) and (e), the property owner must submit a complete plan that is reviewed and approved by the county. The plan includes the following:

(1)

A description of the measures that will be implemented to restore natural functions lost through development of the permitted project. The mitigation measures must be selected from the choices in subsection (b) of this section, and shall be proportional in scope to the projected impacts on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty.

(2)

An affidavit to be recorded with the register of deeds which will serve as an enforceable obligation on the property owner to establish and maintain the mitigation measures. The affidavit must be recorded prior to issuance of the permit authorizing construction. This form may be provided by the zoning department.

(3)

An implementation schedule outlining the phases of installation or implementation. Mitigation projects involving actual construction of a device (e.g., rain garden) shall be completed within two years of permit issuance.

(b)

Mitigation requirements and measures.

(1)

Mitigation points are required for developing property under the following conditions:

a.

Impervious surface coverage is greater than 15 percent but less than 20 percent, two points.

b.

Impervious surface coverage is from 20 percent to 30 percent, three points.

c.

Lateral expansion of nonconforming principal structure within the shoreland setback section 38-748(c), three points.

d.

Relocation of nonconforming principal structure within the shoreland setback section 38-748(e), one point.

(2)

The following mitigation measures are available to satisfy the point requirements noted above. Point requirements are cumulative (a project may require mitigation due to more than one circumstance in subsection (b)(1) of this section), in which case the points should be combined.

a.

Removal of a structure within the shoreland setback, up to three points.

b.

Installation of a rain garden sized to properly treat runoff created by the project (see notes below), up to three points.

c.

Installation of a stormwater infiltration system sized to properly treat runoff created by the project (see notes below), three points.

d.

Recording an affidavit that ensures the preservation of an existing compliant shoreland buffer, two points.

e.

Active restoration (accelerated recovery) of a compliant shoreland buffer, four points, section 38-744(c)(2).

f.

Passive restoration (natural recovery) of a compliant shoreland buffer, one point, section 38-744(c)(1).

g.

Increasing depth of an existing compliant shoreland buffer, two points for every 15 feet of depth.

h.

Reducing width of allowable viewing and access corridors, one point for every 15-foot reduction.

i.

Sea wall removal and natural bank stabilization, three points.

j.

Increasing shoreland setback, one point for every 15-foot increase beyond required (maximum of three points).

k.

Installation of a new private onside wastewater treatment system, three points, bringing an existing operating system to code, two points.

Notes: Plans that involve the active restoration/creation of a shoreland buffer must be approved by the LWCD. The LWCD is also available to create or design buffer restoration plans. There will be a fee charged by LWCD for these services. The fees are set and periodically adjusted by the zoning and agriculture and land conservation committees. Subsections (b)(2)b and c of this section may also require plans to be prepared and certified by a professional engineer.

(Code 2000, § 38-602; Res. No. 72-16, 9-20-2016)