[Added 8-25-1987]

The Town Board may, upon written application pursuant to the requirements of Article XIV of this chapter and its sections, consider and permit the change of the zone designation of a parcel of land to the PRD District and apply the zoning regulations of this district and establish any supplementary regulations thereto, wherein the health, safety and general welfare of the Town are concerned, in conjunction with the development or redevelopment of an area for a Planned Residential Development District, if, in its opinion, it shall find that the request is pursuant to and in the spirit of the provisions of § 322-2 and this section of this chapter. The purpose of such change shall be to enable and encourage the flexibility of design and the development of land which would provide for a diversification of residential housing types and forms of ownership in such a manner as to promote the most appropriate use of the land and to preserve the natural and scenic amenities of an area. Any area changed to the Planned Residential Development District shall have applications for building permits issued and construction started, as well as site construction, in accordance with the approved site plan within 18 months from the date of Town Board approval; otherwise, the Town Board may, upon its own initiative, hold a public hearing and revert the zoning back to its previous classification.

Prior to consideration, all applications shall comply with the following requirements and be presented to the Town Board and made part of the application:

A. An overall development plan for the entire tract covered by the application, prepared by competent professionals licensed by the State of New York to do this work. Indicated thereon will be shown:

(1) Property lines and the names of adjoining owners.

(2) Topography, showing existing contours and elevations, areas with existing growth, watercourses and water areas based upon an actual field survey, the plan to further indicate certification by a licensed land surveyor or professional engineer that the topography shown resulted from an actual survey and the date of that survey.

(3) Areas for surface water retention facilities.

(4) Areas for sanitary sewage treatment facilities.

(5) Street and road alignment and proposed parking areas.

(6) The location of structures with first-floor elevations.

(7) Areas to be set aside for the planned residential development use.

(8) Areas to be dedicated to the Town for open space use.

B. Typical elevation drawings of each building type, with materials indicated for the exterior treatment thereof.

C. Typical floor plans for each building and dwelling unit or units, if variations are to be used.

D. Drafts of agreements as well as deeds to ensure maintenance, operation, replacement and such other obligations and the perpetuity thereof so as to ensure the health, safety and the general welfare of the development as a whole, and said instruments shall be filed and recorded in the County Clerk's office when properly executed and sealed after the approval, pursuant to § 322-88 of this chapter.

The Town Board shall refer all applications for a change of zoning to the Planned Residential Development District to the Planning Board for a recommendation and report. Within 45 days after such reference, the Planning Board shall file with the Town Board its recommendation and report. The Town Board shall determine whether there shall be dedication of land to be set aside as open space, and if in the Town Board's opinion, it is in the interest of the general public due to topography, historical interest, natural features, unusual conditions or for ecological reasons, such open space shall then be so included and shown. If the Town Board does make such a requirement, a minimum of 10% of the land shall be so designated and dedicated to the Town of Smithtown as open space as part of the platted area.

If such application is approved by the Town Board, the applicant shall then be referred to the Planning Department, and the applicant shall prepare and submit a plat and final site plans, in full detail, in accordance with the requirements of the Planning Department, along with application, fees and other drawings, as required, on which a duly advertised public hearing will be held, and, if approved, the plat will be filed in the County Clerk's office pursuant to § 276 and 277 of the Town Law of New York State.

A. The Planning Board shall review, among other things, the following:

(1) The arrangement of the buildings, dwelling units and structures upon the site, as well as the height, length and spacing thereof, open spaces (public and private), landscaping, off-street, open and enclosed parking spaces and street layouts, driveways and all other physical features as shown on the site plan and or plat or otherwise described.

(2) The location, shape and improvements of that land, if any, which is to be dedicated for public purposes to the Town other than open space.

B. The following plans shall be submitted to the Planning Board along with the subdivision application and filing fees:

(1) The site plan shall show the names of adjoining owners, the location of structures with first-floor elevations, street and road locations, open spaces and utility distribution, among other items so mentioned.

(2) The grading plans shall show all existing and proposed contours and elevations, as well as areas with existing natural growth, watercourses and water areas.

(3) Drainage plan. Areas for surface water retention facilities and piping thereto shall be shown as designed by a professional engineer.

(4) Sewage plan. Areas for sanitary sewage treatment facilities and the piping thereto shall be shown as designed by a professional engineer.

(5) The street and road plan shall show the profile and alignment of all proposed and existing roads or highways giving access thereto.

(6) The final plat shall show the area to be recorded and filed in the Suffolk County Clerk's office for the first section of the land subdivision and if not divided into sections, then the entire development, all pursuant to the Subdivision Regulations of the Town of Smithtown.

(7) The landscape plan, as designed by a registered landscape architect, shall show the landscaping of the entire site.

(8) Elevation drawings of the building and structures shall be shown for each building or structure type with materials shown for the exterior treatment thereof.

(9) Typical floor plans for each building and dwelling unit or units, if variations are to be used.

(10) An agreement of recordable form as well as all deeds to ensure maintenance, operations, replacement and such other obligations and the perpetuity thereof so as to ensure the health, safety and general welfare of the development as a whole, and said instrument shall be recorded and filed in the Suffolk County Clerk's office along with the final plat, when properly executed and sealed.

Upon the filing of the plat in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto in the Town Zoning Ordinance or Map.

The following permitted uses in the Planned Residential Development District may be included and shall be limited to:

A. Residential dwelling units in detached or attached structures or any combination thereof, and the occupancy of all units shall be restricted as follows:

(1) To any person of the age of 48 years or over;

(2) To a husband or wife, regardless of age, residing with his or her spouse, provided that the spouse of such person is of the age of 48 years or over; or

(3) To the child or children residing with a permissible occupant, provided that the child or children is or are of the age of 18 or over.

B. Nonresidential uses of religious, cultural or a recreational character incidental thereto, to the extent that they are designed and intended only to serve the residents of the Planned Residential Development District.

Upon approval by the Planning Board of the plat and site plan, the applicant will submit individual building plans and elevation drawings to the Board of Site Plan Review pursuant to § 322-88 of this chapter after the plat is signed by the Chairman of the Planning Board and the plat, along with deeds and agreements pursuant to § 322-42D, is filed in the County Clerk's office.