[Added 6-25-1985; amended 9-10-1985; 12-7-1985; 1-7-1986;10-21 -1986; 1-3-1989; 10-21-1989; 8-14-1990; 7-9-1991; 9-29-1998]

The Town Board hereby finds that all forms of private and public developments within the Town, exclusive of the incorporated villages, should proceed along the lines of good order and with due regard for the public interest, including but not limited to the public health, safety and welfare. The quality of a site's design can have a significant effect on the value of the surrounding properties and, subsequently, municipal tax revenues. Poor site design can not only destroy the proper balance in relationship between the taxable value of real property and the cost of municipal services provided, but can also diminish the numerous positive benefits that land use and development usually provide to the property owner. Accordingly, a reasonable degree of control should be exercised over the character of private and public land use and development, including but not limited to the exterior design of new or renovated structures and portions thereof, the construction and location of parking areas, with or without new building construction, changes in the use of existing structures and the use of open land.

[Amended 12-9-2003; 7-26-2005]

A. Purpose. It is the purpose of this article to encourage good site design so as to:

(1) Protect the established character of the adjoining properties, both public and private, and of the neighborhoods in which they are located.

(2) Prevent the depreciation of the value of adjoining properties, both public and private, and of the neighborhoods in which they are located.

(3) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto.

(4) Prevent the overcrowding of land or buildings.

(5) Secure safety from fire, panic and other dangers, and to provide adequate light, air and convenience of access.

(6) Promote the health, safety, morals and general welfare of the community in which said proposed sites are located.

B. Site plan required. Except as provided in § 322-85C and D, the following activities shall not be permitted except in conformity with a site plan approved pursuant to the provisions of this chapter:

(1) The construction, demolition, or enlargement of buildings or parts thereof.

(2) Any modification to the exterior materials, finishes, colors, appurtenances or design of any building or structure.

(3) The installation, construction, or alteration of any structure, including but not limited to curbs, drainage facilities, paving, fences, lighting, signs, walls and canopies.

(4) Any modification to the size or shape of the site.

(5) Any outdoor storage, parking or display of equipment, supplies, vehicles or materials.

(6) Any change in land use which requires an increase in parking, landscaping or buffer requirements.

(7) The filling, excavation and regrading of the land or water bodies.

(8) The removal of any vegetation, including but not limited to trees, shrubs, vines and groundcovers.

C. Exclusions. Site plan approval shall not be required for any of the following:

(1) Single- and two-family dwellings, including accessory uses, except for home occupations, in the R-43, R-21, R-15, R-10, R-10S and RM-7 Districts.

(2) Interior alterations not involving a change of use, provided that the property has a valid and subsisting certificate of occupancy.

(3) Emergency repairs or demolition deemed necessary by the Building Official to protect the public health or safety. [Amended 3-8-2011]

(4) The installation or pruning of plants or the replacement of dead or diseased plants with specimens of the same species and size as originally approved.

(5) Routine property maintenance or repair not involving a change of material or design, such as painting, roof repairs and repaving previously paved surfaces.

D. Exemptions. Site plan approval shall not be required for the following proposed projects, provided that the requirements of § 322-87B are satisfied. In order to be considered for any such exemption, the applicant must submit an application for site plan exemption pursuant to § 322-88C.

[Amended 3-8-2011]

(1) A one-time structural addition per site, the size of which shall not exceed 25% of the gross floor of the building, up to a maximum of 5,000 square feet, provided that any such addition does not involve the removal of more than six trees as defined in Chapter 285 of the Code of the Town of Smithtown, provided that none of the trees to be removed is larger than six inches in diameter measured three feet from ground level, and further provided that the structural addition utilizes exterior materials, the composition, color and finish of which match and/or are consistent with the main structure. [Amended 2-23-2012]

(2) A one-time paving of a previously unpaved area per site, the size of which shall not exceed 50% of the site area, up to a maximum of 40,000 square feet, provided that any such paving does not involve the removal of more than six trees as defined in Chapter 285 of the Code of the Town of Smithtown, provided that none of the trees to be removed is larger than six inches in diameter measured three feet from ground level. [Amended 2-23-2012]

(3) A change in use pursuant to the § 322-8B Table of Use Regulations.

(4) Alterations to the exterior of a building, provided that there is no increase in building coverage or floor area and that the alterations comply with any previous applicable approval by the Board of Site Plan Review.

(5) The repair of fire damage, in kind, in place, provided that the affected floor area does not exceed 3,000 square feet of the site.

(6) The demolition or removal of not more than 5,000 square feet of gross floor area of buildings.

(7) The installation of plants or the construction or modification of accessory structures such as access for the disabled, fences, lights, generators, walls, swimming pools, garages, sheds, decks, patios, awnings, berms, solar panels.

(8) Boundary line modifications to a site.

There is hereby created a Board of Site Plan Review. The Board of Site Plan Review shall consist of five members, who shall be members of the Town Board. The Board of Site Plan Review shall have the following powers and duties:

A. To examine and review all site plans and elevation drawings submitted pursuant to the provisions of this article.

B. To apply, in its examination and review, the objectives and standards established under §§ 322-85A and 322-87 and, based thereon, to approve or disapprove such site plans and elevation drawings or to require changes therein as a condition of approval.

C. To require modification of any proposed site improvements that, in its judgment of the particular circumstances of a site, are inappropriate and not requisite in or consistent with the standards set forth in this chapter. In so doing, however, the Board may not violate the provisions of the Building Zone Ordinance; nor may it usurp the authority or override the decisions of the Board of Zoning Appeals.

(1) Any proposed change or revision to a site that is occupied by a use for which a special exception has been granted must first be approved by the board that granted the special exception.

(2) The Board may allow or require landscaping to be installed in place of specified parking spaces, as shown on the plan, and require that the applicant attach to the deed a recorded covenant to run with the land specifying that should the Town determine the need for additional parking, the landscaping shall be removed and the parking spaces installed.

D. To waive requirements the Board previously imposed as a condition of approval, provided that the waiver does not result in a violation of this chapter, that the Board determines that the waiver will not hinder the intent of § 322-85A, that the applicant has a practical difficulty in carrying out the condition and that the Board determines that the waiver would promote the public good. [Amended 12-19-2000]

E. To increase building setbacks and reduce building coverage and floor area when, in the Board's judgment, the increase or reduction is necessary to protect significant natural or cultural resources or reduce traffic impacts on highways that are congested and/or hazardous.

F. To require, as a condition of approval, that any new or altered building for which site plan approval is sought must be within 400 feet of a fire hydrant. [Amended 3-8-2011]

A. The Board's review of the application and plans shall include but not be limited to verifying and/or considering the following:

(1) Compliance with Town Law 274-a and, where applicable, General Municipal Law § 239-m.

(2) Compliance with the State Environmental Quality Review Act (SEQRA), Article 8 of the New York State Environmental Conservation Law.

(3) Compliance with all other applicable federal, state and local laws, rules and regulations.

(4) Compliance with the applicable provisions of this chapter.

(5) Consistency with the Town's Local Waterfront Revitalization Program (LWRP).

(6) Compliance with the Tree Preservation and Land Clearing Ordinance, Chapter 285 of the Code of the Town of Smithtown.

(7) Minimum construction standards and specifications:

(a) Grading: the Regrading and Excavating Ordinance, Chapter 154, Article I, of the Code of the Town of Smithtown.

(b) Drainage: the Subdivision Regulations, Chapter 248 of the Code of the Town of Smithtown.

(c) Paving: Type A as specified in the Subdivision Regulations, Chapter 248 of the Code of the Town of Smithtown.

(d) Sidewalks, driveway aprons and curb cuts: the specifications of the governmental agency having jurisdiction over the same, i.e., State Department of Transportation, County Department of Public Works or Town Superintendent of Highways.

(e) Street trees: The Subdivision Regulations, Chapter 248 of the Code of the Town of Smithtown.

(f) Groundwater and surface water protection: The Suffolk County Sanitary Code and all applicable state and federal laws.

(8) Design considerations:

(a) The suitability of the terrain, soils, hydrology, vegetation and the existing and proposed structures and uses on and off of the proposed development.

(b) The location, arrangement, size, design and general site compatibility of buildings, structures, lighting and signs.

(c) The appropriateness of line, form, mass, rhythm, style and material, including finishes and colors, and the visual impact that the proposed development would have on the established character of the district, especially historically and/or architecturally significant sites.

(d) The adequacy, safety and convenience of pedestrian traffic access and circulation, including walkways, handicap ramps and pedestrian/vehicle conflict points.

(e) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, curb cuts, intersections, pavement surfaces and traffic controls.

(f) The sufficiency, convenience and appearance of off-street parking and loading areas, including maneuvering areas.

(g) The adequacy of fire lanes and other safety zones and the provision of fire hydrants.

(h) The adequacy of water supply, stormwater drainage, refuse and sewage disposal facilities.

(i) The adequacy and impact of the proposed development in areas with susceptibility to flooding and/or erosion.

(j) The adequacy of fences, walls, street trees and other plant materials and amenities and land use and visual and noise buffers, including the maximum retention of existing natural features such as land forms, water bodies and vegetation.

(9) Compliance with Chapter 153, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Smithtown. [Added 5-17-2012]

B. In order to qualify for an exemption pursuant to § 322-85C a proposed project must not be a prior-built action (except for a change in use not involving any exterior change,) and must: [Amended 12-19-2000; 3-8-2011; 5-17-2012]

(1) Comply with § 322-87A(7) and all other applicable provisions of this chapter.

(2) Be consistent with all duly adopted local plans, rules and regulations of the Town.

(3) Conform with any required variance, special exception or LWRP determination.

(4) Conform with a New York State Department of Environmental Conservation (NYSDEC) permit for tidal wetlands, freshwater wetlands or any other similar permit issued by the NYSDEC.

(5) Comply with the materials and design specifications published by the Department of Planning and Community Development, as adopted by the Town Board.

(6) Comply with all other applicable federal, state and local laws, rules and regulations.

A. Site plan application. A complete site plan application for any building, structure and use shall consist of a completed application. [Amended 3-8-2011]

(1) Thirteen copies of a site plan prepared by competent professionals duly licensed to prepare such drawings. The drawings shall be submitted in all cases except as provided for in §§ 322-85B and 322-85C. Drawings shall be to a scale of one of the following: one inch equals 10 feet, one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet or one inch equals 60 feet. The site plan shall show the following information:

(a) Property lines and related street, right-of-way and easement lines as determined by survey.

(b) The location of existing and/or proposed buildings and structures.

(c) The layout of existing and/or proposed off-street parking areas, showing the details of aisles, driveways and all parking spaces.

(d) The existing topography of the site and adjacent properties, as revealed by contours or key elevations, as may be required by the Town Engineer.

(e) The proposed final grades, including detailed information relative to the methods to be used during and after construction to retain, stabilize and/or refurbish regraded areas, i.e., sod, retaining walls, etc.

(f) Existing and proposed stormwater drainage facilities, sidewalks, curbs and curb cuts and similar structures.

(g) Existing and proposed street trees, landscaping and fences.

(h) Existing and proposed outdoor lighting structures, sign locations and telephone and electric utility poles.

(i) The distance to an established street intersection.

(j) The names of current property owners, as well as those of contract vendees, and the names of owners and establishments on adjoining properties.

(k) The type, size and locations of all refuse storage and disposal facilities, including screening.

(l) Existing and proposed utilities (i.e., water and sewer lines, fire hydrants, etc.) as may be required by the Planning Director.

(2) Thirteen copies of building plans, which shall include:

(a) The front, side and rear elevations.

(b) Proposed exterior building materials.

(c) The relation of the proposed building to adjacent buildings.

(d) Applications submitted for home occupations shall include a floor plan, drawn to scale, of the entire house as well as the proposed work area.

B. Revised site plan application. A proposed change or revision of either the structure or the site shall be submitted with a revised application form and 13 copies of the proposed revised site plan and building plans pursuant to this § 322-88. [Amended 3-8-2011]

C. Site plan exemption application. A complete site plan exemption application shall consist of a completed application form, five copies of the original approved site plan along with the proposed changes accurately described and depicted. If the site was developed prior to 1968, a site plan exemption application shall consist of five copies of an accurate description of the proposed project including, where necessary, drawings which accurately depict same.

D. Fees. Each site plan or exemption application submitted pursuant to the provisions of this article of the Building Zone Ordinance shall be accompanied by a filing fee. [Amended 2-22-1999; 3-8-2011]

(1) The minimum fee for a new site plan shall be $500 per acre or any fraction thereof, plus $0.25 per square foot of gross floor area.

(2) The minimum fee for a revision of a site plan for which a building permit or certificate of occupancy has been issued shall be $500 per acre to be modified or any fraction thereof, plus $0.25 per square foot of the proposed change.

(3) The fee for any nonprofit organization shall be $200 for a new or revised site plan application, plus $0.25 per square foot of gross floor area.

(4) The fee for an addendum shall be $100 per acre of the site.

(5) The fee for a waiver shall be $200 per item requested to be waived.

(6) Except as otherwise provided herein, the fee for an exemption application shall be $500. Upon disapproval of same, the applicant shall be permitted to submit one amended application without incurring an additional fee. The fee for any nonprofit organization shall be $200. The fee for any facade alteration in the CB District that restores the exterior to its pre-1950 materials, finishes, and design shall be $10 per acre of site area.

(7) Where applicable, the filing fee may include certain fees as required pursuant to Chapter 151, Article I, and Chapter 153, Article III, of the Code of the Town of Smithtown. [Amended 5-17-2012]

(8) An additional charge of $500 shall be required for any application for a structure that was built prior to receiving site plan approval.

(9) The fee for any type of telecommunication application to the Board of Site Plan Review shall be $2,000.

(10) No application fees shall be required for government agencies.