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.

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.

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.

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.

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.

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.

An RRAD shall be established in accordance with the recommendations of the Central Pine Barrens Comprehensive Land Use Plan and/or the Comprehensive Plan.

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.

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.

No RRAD shall be located within the Tidal Wetland and Ocean Beach Overlay District.

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.

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.

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.

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.

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.

Yield.

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.

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.

Hampton Bays School District:

Eastport School District:

Speonk-Remsenburg School District:

Westhampton Beach School District: