[Added 9-26-1995 by L.L. No. 46-1995]
A.
It is the intent of this article to establish the
Residential Receiving Area District (RRAD) for the purpose of identifying
receiving sites for development rights or Pine Barrens credits which
may be transferred as of right in accordance with the procedure set
forth herein and the applicable transfer of development right portions
of this chapter and § 261-a of the Town Law of the State
of New York.
B.
It is also the intent of this article to set forth
the procedure upon which the Town Board may establish a Residential
Receiving Area District (RRAD). Generally, an RRAD shall be established
on a floating zone basis with attendant controls and regulations intended
to provide the means to accomplish the purposes and goals set out
herein.
C.
The purpose of the Residential Receiving Area District
(RRAD) legislation is to facilitate increased flexibility to achieve
more desirable development through the use of more creative and imaginative
design of residential areas than is presently achievable under conventional
land use techniques and zoning regulations and to preserve, adapt
and improve existing open space, land uses and communities, consistent
with the recommendations of the Central Pine Barrens Comprehensive
Land Use Plan and/or the Town's Comprehensive Plan.
D.
The Planning Board is hereby authorized to increase the permitted residential density of lands proposed for development as of right to provide suitable receiving sites for residential development rights or Pine Barrens credits (PBC). The Planning Board is further authorized to consider and approve the transfer of development rights under this section, without the necessity for Town Board review and approval in accordance with § 330-7 of this chapter.
E.
The applicable regulations of a RRAD set forth in
this article shall be in addition to or overlay those regulations
applicable in the underlying residential district in which the given
site is found on the Zoning Map as set forth in this chapter, except
that the Planning Board is hereby authorized to modify the dimensional
regulations of the underlying district to accommodate the increased
density as the result of the transfer of development rights.
The terms and words used in this article shall
be ascribed the meaning and uses generally attributable to them in
the other sections of this chapter unless otherwise specifically interpreted
or defined.
The Town Board may rezone land from that of the underlying zoning district to an RRAD upon its own motion or by written application of the landowner pursuant to the provisions of this article and Article 16 of the New York State Town Law. The procedure for the establishment of an RRAD shall be in accordance with the procedures for zoning amendments pursuant to § 330-185 of this chapter.
A.
An RRAD may be authorized where the Town Board finds
that the development will be beneficial, compatible and harmonious
with the surrounding land uses and not have a significant adverse
impact upon the environment.
B.
An RRAD shall be established in accordance with the
recommendations of the Central Pine Barrens Comprehensive Land Use
Plan and/or the Comprehensive Plan.
C.
A generic environmental impact statement pursuant
to the provisions of the State Environmental Quality Review Act (SEQRA)
shall be prepared for the establishment of an RRAD.
D.
No RRAD shall be located within the Central Pine Barrens core preservation area as defined in § 330-217 of this chapter or within a critical resource area as defined in § 4.5.4.1 of the Central Pine Barrens Comprehensive Land Use Plan.
E.
No RRAD shall be located within the Tidal Wetland
and Ocean Beach Overlay District.
[Amended 6-25-2002 by L.L. No. 19-2002]
Once an RRAD is established by the Town Board,
a landowner may apply to the Planning Board for development of the
property as a subdivision or site plan in accordance with the applicable
provisions of the Town Code. The transfer or redemption of development
rights or Pine Barrens credits shall allow the landowner to increase
his permitted density "as of right" without further zoning approvals.
Development of an RRAD shall be in accordance with the following standards:
A.
No earth work, land clearing, construction or development
shall take place on any property in an RRAD except in accordance with
the subdivision or site plan approved by the Planning Board in accordance
with this article and the procedures and standards for site plan approval
set forth in this chapter.
B.
In cases in which a proposed project also involves the subdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of Chapter 292 of this Code.
C.
Approval of the subdivision or site plan shall be
conditioned upon sanitary waste discharge levels which are found to
be acceptable by the Suffolk County Department of Health Services.
The site shall be served by public water.
D.
Approval of the subdivision or site plan shall be
conditioned upon the landowner providing the necessary legal instruments
and/or documentation (i.e., conservation easement, deed, covenants
and title certifications) to effect the transfer of development rights
or redemption of Pine Barrens credits.
E.
Permitted uses. All principal and accessory uses listed
as permitted or special exception uses in the underlying residential
zone shall be permitted in an RRAD. There shall be no commercial or
industrial enterprises as a principal use within a RRAD.
F.
Yield.
(1)
The initial yield for the receiving site shall
be determined by a yield map prepared in accordance with the existing
zoning.
(2)
The resultant yield of a RRAD shall be the sum
of the receiving parcel yield plus the density obtained from the transfer
of development rights or PBC's from any sending parcels as set forth
in this chapter.
(3)
Each development right or Pine Barrens credit
shall be the equivalent to one residential dwelling unit. Fractions
of development rights or PBC's shall be rounded to the nearest whole
number.
(4)
In no case shall the residential yield exceed
two units per acre.
G.
Where applicable, the Planning Board shall utilize the dimensional regulations of the zoning district which is equivalent to the density authorized by the transfer of development rights. For example, if the resultant density is one unit per acre, then the R-40 dimensional regulations should be used; if two units per acre, then the R-20 dimensional regulations should be used. The Planning Board may also approve multiple dwellings conforming to the MF-44 dimensional regulations or a planned residential development (cluster) under Chapter 247 of the Town Code.
H.
Notwithstanding the provisions of this chapter to
the contrary, development rights or Pine Barrens credits shall only
be transferred to a receiving parcel within the same school district,
except upon the approval of the Town Board, by a vote of a majority
plus one, where the applicant demonstrates that the transfer does
not result in a significant adverse impact upon the sending school
district or the receiving school district.
The following parcels shall be classified as
Residential Receiving Area Districts in accordance with the recommendations
of the Central Pine Barrens Comprehensive Land Use Plan, with no additional
special conditions or standards.
A.
Hampton Bays School District:
|
Suffolk County Tax Map Number
|
Acres
|
|---|---|
|
0900-221-3-12.1
|
12.5
|
|
0900-221-3-16.1
|
7.6
|
|
0900-221-3-18
|
2.5
|
|
0900-205-3-12.1
|
16.3
|
|
0900-225-1-1
|
33.5
|
|
0900-225-1-21
|
3.5
|
B.
Eastport School District:
|
Suffolk County Tax Map Number
|
Acres
|
|---|---|
|
0900-325-1-2.2
|
26.0
|
|
0900-325-1-3.2
|
11.8
|
|
0900-325-1-4.2
|
5.6
|
|
0900-325-1-6.3
|
1.5
|
|
0900-325-1-7.3
|
12.0
|
|
0900-325-1-8.2
|
17.4
|
|
0900-325-1-34.1
|
5.3
|
|
0900-325-1-47.1
|
1.2
|
|
0900-326-1-3.2
|
5.5
|
|
0900-326-1-5.2
|
6.3
|
C.
Speonk-Remsenburg School District:
|
Suffolk County Tax Map Number
|
Acres
|
|---|---|
|
0900-325-1-3.1
|
6.0
|
|
0900-325-1-4.1
|
15.7
|
|
0900-325-1-p/o 7.2
|
16.4
|
|
0900-325-1-p/o 8.1
|
5.6
|
|
0900-325-1-43
|
2.3
|
|
0900-326-1-p/o 3.1
|
8.8
|
|
0900-326-1-p/o 4
|
8.4
|
|
0900-326-1-p/o 5.1
|
55.5
|
|
0900-326-1-p/o 6
|
22.9
|
|
0900-326-1-10
|
36.7
|
|
0900-326-1-p/o 17
|
7.8
|
|
0900-276-3-p/o 1
|
36.0
|
|
0900-327-1-p/o 6
|
28.9
|
|
0900-328-1-4
|
3.3
|
D.
Westhampton Beach School District:
|
Suffolk County Tax Map Number
|
Acres
|
|---|---|
|
0900-305-1-7 (ofm)
|
1.6
|
|
0900-329-1-1
|
1.49
|
|
0900-329-1-2
|
1.49
|
|
0900-329-1-3
|
1.49
|
|
0900-329-1-4
|
0.69
|
|
0900-329-1-6
|
0.57
|
|
0900-329-1-p/o 10
|
20.2
|
|
0900-330-2-11
|
8.2
|
|
0900-330-2-14.1
|
3.2
|
|
0900-330-2-16.2
|
10.5
|
|
0900-331-2/4 (ofm)
|
1.26
|
|
0900-331-2/7 (ofm)
|
2.30
|
|
0900-331-2-8 (ofm)
|
1.12
|
|
0900-332-2-1 (ofm)
|
1.15
|
|
0900-332-2-2 (ofm)
|
0.92
|
|
0900-332-2-3 (ofm)
|
0.92
|
|
0900-332-2-4 (ofm)
|
1.72
|
|
0900-332-2-5
|
3.20
|
|
0900-332-2-6
|
2.5
|
|
0900-332-2-7
|
2.5
|
|
0900-332-2-10
|
5.0
|
|
0900-331-3-1 (ofm)
|
1.93
|
|
0900-331-3-2 (ofm)
|
1.93
|
|
0900-331-3-5
|
1.84
|
|
0900-331-3-6 (ofm)
|
1.93
|
|
0900-331-3-7 (ofm)
|
0.96
|
|
0900-331-3-8 (ofm)
|
0.96
|
|
0900-331-3-9
|
1.33
|
|
0900-331-3-12 (ofm)
|
0.96
|
|
0900-331-3-14 (ofm)
|
0.64
|
|
0900-331-3-16 (ofm)
|
1.61
|
|
0900-331-3-17
|
1.41
|
|
0900-331-3-28 (ofm)
|
1.70
|
|
0900-331-3-29 (ofm)
|
1.79
|
|
0900-331-3-31 (ofm)
|
1.93
|
|
0900-332-3-3 (ofm)
|
1.93
|
|
0900-332-3-6 (ofm)
|
0.54
|
|
0900-332-3-7 (ofm)
|
0.96
|
|
0900-332-3-8 (ofm)
|
0.96
|
|
0900-332-3-9 (ofm)
|
1.93
|
|
0900-332-3-10 (ofm)
|
2.30
|
|
0900-332-3-11 (ofm)
|
0.96
|
|
0900-332-3-12 (ofm)
|
0.90
|
|
0900-332-3-13 (ofm)
|
1.70
|
|
0900-332-3-15 (ofm)
|
1.93
|
