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The following minimums for open space allocation and minimum acreage for application for <br />performance based cluster plat (PBCP) application by zone shall apply: <br />Minimum open <br />space acreage <br />Rural 3 and <br />Ag 3 Zones. <br />4 acres <br />16.09.040 Development regulations, <br />Rural 5 and <br />Ag 5 Zones. <br />5 acres <br />Agriculture 20 and <br />Forest and Range 20. <br />10 acres <br />A. Applicability. This chapter applies to all tax parcels or combination of tax parcels from the <br />date of the ordinance codified in this chapter, located in the Residential, Residential 2, <br />Suburban, Suburban 2, Agriculture -3, Agriculture 5, Agriculture -20, Rural -3, Rural 5 and Forest <br />and Range 20 zoning districts. Roads. Title 12 Road Standards of this code shall apply to <br />Performance Based Cluster Platting. <br />B. Phasing. Phasing shall be permitted without bonding requirements for future phases. <br />Extension to final plat approval may be requested by the applicant in no more than three, <br />three-year increments, pursuant to RCW 58.17.140. Final plat approval must be given within <br />five years of the date of preliminary plat approval. <br />C. Notification Requirement. If appropriate, all Performance Based Cluster Platting <br />conveyance instruments shall contain the following notice: The subject property is within or <br />near existing agricultural or other natural resource areas on which a variety of activities may <br />occur that are not compatible with residential development for certain periods of varying <br />duration. Agricultural or other natural resource activities performed in accordance with county, <br />state and federal laws are not subject to legal action as public nuisances. Kittitas County has <br />adopted right to farm provisions contained in the Section 17.74 of the Kittitas County Zoning <br />Code. <br />D. Compliance with County Development Regulations. Unless otherwise specified by this <br />chapter, all development activities authorized through this chapter shall comply with all <br />existing, applicable county development regulations, including but not limited to: subdivision <br />ordinance, zoning code, shoreline master program, road standards, critical areas, and <br />floodplain development ordinance. In addition, Performance Based Cluster Platting shall not be <br />used prospectively in conjunction with the Kittitas County planned unit development ordinance <br />(Chapter 17.36 of this code). <br />E. Applications. Applications for Performance Based Cluster Platting shall be evaluated for the <br />possible impacts to adjacent agricultural uses. Residential parcel densities allowed in rural <br />areas can have a significant impact on agricultural, forestry and mineral resource uses. <br />Conditions may be placed on development proposals through the normal Kittitas County <br />permitting authority, which protect agricultural lands from possible impacts related to <br />incompatible land uses. All applications shall be referred to the planning commission for <br />review. <br />F. Irrigation. If the land is served with irrigation water, a preliminary irrigation plan is required <br />with application. <br />G. Farmstead. The farmstead, including the pre-existing residential and associated out <br />buildings within the project boundary, will not be required to become part of a cluster of <br />residences. <br />G301 17 <br />