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(1) On a lot which was of record prior to the date of adoption of this chapter, if (i) • establishment or preservation of the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or (ii) the proposed development consists of redevelopment not exceeding the current level of encroachment resulting from existing improvements, or (iii) the proposed development is for construction of an accessory building or structure (including, without limitation, an accessory apartment) permitted by the city's zoning ordinance, provided that such accessory building or structure must be located within the first fifty (50) landward feet of the buffer and provided further that the footprint of any such accessory building or structure shall not exceed four hundred square feet (400 SF). (2) On a lot on which development within the stream buffer will consist of an ecological/wetland restoration project; (3) On a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot; (4) On a lot on which the development in the stream buffer will consist of the construction and maintenance of a paved pathway or trail exceeding three (3) feet in width. (5) On a lot which was of record prior to the date of adoption of this chapter, on which development within the stream buffer will consist of the construction, installation and maintenance of water and sewer facilities or sewage disposal systems, and the program authority determines that the stream buffer would prohibit the practicable development of such facilities or systems Sec. 10-75. Mitigation Plan required. • Each owner who seeks to develop in a stream buffer pursuant to § 10-74(d) shall submit to the program authority for review and approval a mitigation plan as provided herein: (a) The owner shall submit a mitigation plan that satisfies the applicable requirements of this section; the required fee, as set forth within the most recent fee schedule approved by city council; and a certification stating that all requirements of the approved plan will be complied with. (b) The mitigation plan shall be reviewed by the program authority to determine whether it complies with the requirements of this section and all other requirements of this article. The program authority shall approve or disapprove a mitigation plan within 30 days of the date that a complete plan was accepted for review. The decision shall be in writing and shall be communicated to the owner. If the plan is disapproved, the reasons for such disapproval shall be stated in the decision. (c) Each mitigation plan shall: (1) Identify the impacts of proposed development on water quality and lands within the stream buffer; (2) Identify the alternatives to development in the stream buffer that have been explored by the applicant; (3) Ensure that, where development does take place within a stream buffer, it will be located on those portions of a site and in a manner that will be least disruptive to the natural • functions of the stream buffer;