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b. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989, and March 1, 2002, encroachments may be allowed through the exception process described in subsection 9.1-12(c) in accordance with the following criteria: The lot or parcel was created as a result of a legal process conducted in conformance with chapter 33.1 (Subdivisions) of this Code; 2. Conditions or mitigation measures imposed through a previously approved exception shall be met; If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained, as required; and 4. The requirements set forth in subsections (4)a. I.—(4)a.3. of this section have been met. (5) Permitted modifications of the buffer area. In order to achieve the functional value of the buffer, existing vegetation may be removed, subject to approval by the city planning director, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: In general, where the removal of trees within the buffer area is proposed, mature trees shall be preserved and trimmed or pruned in lieu of removal as site conditions permit and removal should be limited to the fewest number of trees feasible. Where tree planting for mitigation, conservation landscaping, or for buffer establishment is proposed, inclusion of native species in tree planting is preferred. b. Trees may be pruned or thinned as necessary to provide for reasonable sight lines, vistas, and access paths, provided that, where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. When trees are proposed for removal, they shall be replaced with trees as appropriate to site conditions and in such a manner as to maximize the buffer function and to protect the quality of state waters. C. Any path shall be constructed and surfaced as to effectively control erosion. d. Dead, diseased, or dying trees or shrubbery and noxious weeds such as Johnson grass, kudzu and multiflora rose may be removed and thinning of trees may be allowed, pursuant to sound horticulture practice. For shoreline erosion projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. Mature trees shall be removed only as necessary for the installation and maintenance of the project consistent with the best available technical advice, project plans, and applicable 12