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The North Creek Protection Area (NCPA) is assigned to properties within the Canyon Creek/39th Avenue SE Subarea as a special regulation to protect the known critical fish and wildlife habitat present in this subarea. This special regulation is intended to augment the fish and wildlife protections afforded under Chapter 14.04 BMC, Critical Area Regulations; and BMC Title 13, Shoreline Management, where applicable. The primary emphasis of this section shall be the application of best available science for the protection of any critical fish and wildlife habitat present on or in the vicinity of the subject property.

A. Designation of Wildlife Corridors.

1. All critical areas and buffers providing a continuous connection to North Creek along Cole/Woods Creek are designated a special wildlife corridor where buffers may not be varied, averaged or reduced in width.

2. Additional wildlife corridors are designated on the zoning map to provide additional connections between critical areas that may not be provided by contiguous critical areas or critical area buffers. These wildlife corridors shall follow critical areas and be invoked by the director of community development when a contiguous corridor is not provided by the application of the critical areas regulations of Chapter 14.04 BMC. Wildlife corridors are shown on the zoning map.

B. Director’s Authority. The director of community development is authorized to evaluate, assess, and approve any specific measures determined by the director to be necessary to preserve or enhance fish and wildlife habitat and wildlife movement corridors on the subject property, in accordance with applicable comprehensive plan policies, pursuant to the following criteria:

1. All specific habitat-related measures proposed in the special study required under BMC 12.50.040(B) shall be based upon documented best available science for the specific type of habitat and plant and animal species located on the subject property;

2. The habitat-related measures proposed in the special study are consistent with guidance and recommendations of the State of Washington Department of Fish and Wildlife;

3. The habitat-related measures proposed are consistent with applicable Imagine Bothell... Comprehensive Plan policies;

4. Stream and wetland critical area buffers may be required to be wider than required under Chapter 14.04 BMC if such wider buffers are found to be warranted based on best available science; no reductions of stream or wetland critical area buffer widths as established under Chapter 14.04 BMC shall be permitted, except in circumstances of reasonable use;

5. Uses shall be consistent with Chapter 12.06 BMC;

6. The proposed habitat-related measures do not modify the area, dimension and design standards of Chapter 12.14 BMC; and

7. The director may require modifications to the development layout, design, location of buildings or other improvements to ensure consistency with best available science and/or to protect the fish and wildlife habitat present on the subject property. (Ord. 2215 § 3 (Exh. B3), 2016; Res. 1332; Ord. 2163 § 2 (Exh. B-3), 2014; Ord. 2053 § 3 (Exh. C), 2010).