[Added 8-9-1983]

A. The Town Board finds that the age structure of the Town of Smithtown's population is undergoing significant changes. The population is increasing, but household size is decreasing. The median age is increasing as the school-aged population declines. As a result of these demographic changes, the housing needs of the Town's residents have expanded beyond that available within the Town. In recognition of this need and demand for alternative types of owner-occupied housing, for the permanent residents of the Town of Smithtown the R-6 Residential District is hereby established.

B. The purposes of the R-6 District are to:

(1) Provide an alternative type of permanent, owner-occupied housing.

(2) Protect the environment and preserve open space.

(3) Facilitate the adequate and economical provision of streets and utilities.

(4) Promote quality in design and construction.

A. Within the R-6 District, the following uses and structures shall be permitted:

(1) Townhouse structures.

(2) Existing structures, such as closed schools, that can be adapted to meet the requirements for the R-6 District. At the discretion of the Town Board, an application to adapt an existing school building may be exempt from complying with § 322-57E, F, G and I of this article.

(3) Accessory uses and structures, specifically:

(a) Enclosed parking garages.

(b) Indoor and outdoor recreational and club facilities, provided that such uses are accessory to the townhouse development and are to be used only by the residents of the development and their guests and further provided that all such accessory buildings and incidental uses shall be planned as an integral part of the residential development.

B. Within the R-6 District, the following uses shall be prohibited: the storage of recreational vehicles (e.g., boats, trailers, campers, etc.), unless a single suitable communal facility is provided within a structure or enclosure.

A. Written application for a change of zone shall be submitted to the Town Board, pursuant to § 322-94 of the Town Code.

B. If the application for a zone change is approved by the Town Board, the applicant may then submit an application to the Planning Board to obtain subdivision approval pursuant to Chapter 248 of the Code of the Town of Smithtown. The applicant shall be subject to all requirements set forth in Chapter 248 of the Town Code and this section (Chapter 322, Article VIII).

C. After the final plat has been approved by the Planning Board, the applicant shall submit an application to the Board of Site Plan Review, pursuant to Chapter 322, § 322-88, of the Code of the Town of Smithtown.

D. After the Board of Site Plan Review has approved the application, the final plat shall be recorded and filed at the Suffolk County Clerk's office.

[Amended 9-25-1984; 10-28-1986; 11-24-1992]

A. Each dwelling unit shall be owner-occupied; however, nothing herein shall prevent an individual owner-occupant from renting his or her individual unit.

B. Building coverage, including a garage, shall not exceed 15% of the site area. Enclosed garages may not be converted into habitable floor area.

C. The minimum site size shall be five acres; the maximum site size shall be 35 buildable acres and 200 units.

D. The front yard setback from the public road on which the site fronts shall be no less than 100 feet. The setbacks for the side yards and rear yard of the entire site shall be 50 feet from the property lines. There shall be a minimum distance from internal roadways to buildings of 20 feet. No townhouse structure, accessory structure or internal roads may be placed within the required yards.

E. There shall be a minimum of 50 feet between the rear of any two townhouse structures and a minimum of 30 feet between the sides of any two townhouse structures.

F. Each townhouse structure may contain up to six dwelling units. The maximum length of any townhouse structure shall be 200 feet.

G. The owner of a dwelling unit may use or own property to the rear (and/or side, where applicable) of the dwelling unit, the depth of which shall not exceed beyond 20 feet from the dwelling unit.

H. There shall be four on-site, off-street parking spaces provided for each dwelling unit. Fifty percent of the spaces shall be designed and designated as overflow spaces for visitors and may be paved with crushed stone or porous paving subject to approval of the Board of Site Plan Review.

I. A community association shall be established by the developer and shall become the responsibility of the residents of the development. The following conditions shall apply:

(1) The purposes of the community association shall include the ownership, management and maintenance of all property held in common ownership.

(2) All improvements within the site shall be commonly owned and maintained or shall be owned and maintained by the community association, except that space as set forth in Subsection G above, the use of which shall be controlled by the association.

(3) Membership in the association shall be automatically required concomitant with ownership of a dwelling unit.

(4) The offering plan inclusive of the bylaws of the association and declaration of any rules and regulations promulgated by the developer shall be submitted to the Planning Board along with the application for final plat approval and shall be reviewed by the Planning Board at that time. Such document shall:

(a) Detail the legal structure of the association and delineate its responsibilities and methods of operation.

(b) Grant permission for emergency personnel (e.g., fire, medical or police) to enter the premises.

(c) Detail which properties and facilities are to be owned by the community association or held in common ownership and which are to be held in individual ownership.

A. All townhouse and accessory structures within a development shall be of the same architectural style and shall use compatible exterior building materials and colors.

B. Adequate facilities for the storage of refuse shall be provided in appropriate, but inconspicuous, locations and shall be screened by landscaping, fencing or walls which are designed and constructed to harmonize with the architecture of the townhouse structure and the surrounding environment. The same applies to utility appurtenances.

C. Site elements such as mailboxes, fencing and lighting shall be of a architecturally compatible design and shall be used in a consistent fashion throughout the development.

D. Internal roadways shall be 24 feet in width, except at the entrance to the development. No on-street parking shall be permitted.

E. Where enclosed garages are used, the width of the paved area shall not exceed that of the garage entrance(s).

F. Each dwelling unit within a townhouse structure should be individualized by variations in building setbacks, roofline, and roof slopes.

G. Each dwelling unit within a townhouse structure shall have windows on at least two sides of the unit.

H. Decks shall conform to the following requirements: [Amended 7-23-1991]

(1) Except for railings less than three feet in height, decks shall not be enclosed by any sort of wall, roof, fixed or permanent awning or canopy. Retractable awnings are permitted so long as they are a uniform design approved by the Board of Site Plan Review. [Amended 12-18-2008]

(2) No deck, patio or paving shall be permitted more than 10 feet from the rear of the dwelling unit. [Amended 6-9-1992]

(3) Decks greater than six inches above the approved grade shall be set back at least three feet from all lot lines.

(4) No deck shall be more than 18 inches above the approved grade.

I. The required front, side and rear yards for the entire site shall be adequately screened by vegetation to provide privacy for the residents of both the development itself and adjacent homeowners. Existing vegetation shall be maintained, as shall supplemental plantings required by the Planning Board or Board of Site Plan Review. In no case shall trees be cut down prior to the submission of plans to the Planning Board.

J. The exteriors of all sides of all buildings shall be covered with decorative architectural materials. Not more than two principal siding materials shall be permitted in any R-6 District. Architectural materials which are simulations of other materials shall not be permitted. [Added 9-25-1984]