[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]
(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 15,000 square feet of
gross floor area of buildings.
[Amended 2-4-2020 by L.L. No. 4-2020]
(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.
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:
(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.
(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]
(10)
Before the Board may approve a site plan containing residential
units, such site plan shall also show, when required by the Board,
a park or parks suitably located for playground or other recreational
purposes or a sum of money in lieu thereof in conformity with § 274-a
of the Town Law.
[Added 11-3-2015]
B.
In order to qualify for an exemption pursuant to § 322-85D, 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 §§ 322-85C and 322-85D. 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:
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; 5-17-2012; 6-2-2015; 12-11-2018; 11-1-2022 by Res. No. 2022-1020;[1]11-17-2022 by Res. No. 2022-1078; 2-6-2024 by Res. No. 2024-164]
(1)
The
minimum fee for a new site plan shall be $1,000 per acre or any fraction
thereof, plus $0.50 per square foot of the gross floor area including
cellars.
(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 $1,000 per acre
to be modified or any fraction thereof, plus $0.50 per square foot
of the proposed change.
(3)
The
fee for any nonprofit organization shall be $350 for a new or revised
site plan application, plus $0.50 per square foot of gross floor area.
(4)
The
fee for an addendum shall be $325 per acre of the site to be modified.
(5)
The
fee for a waiver shall be $1,250 per item requested to be waived.
(6)
Except
as otherwise provided herein, the fee for an exemption application
shall be $750 plus $0.50 per square foot of the proposed change. 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 $350. The fee for any facade alteration
in the CB District that restores the exterior to its pre-1950 materials,
finishes, and design shall be $25 per acre of site area.
(8)
Where
applicable, the filing fee may include a Town Engineer inspection
fee of 6% of applicable fees for commercial site plans.
(9)
An
additional charge of 50% of applicable fees shall be required for
any application to legalize a structure that was built prior to receiving
site plan approval.
(10)
The fee for any type of telecommunication application to the Board
of Site Plan Review shall be $3,000.
(11)
No application fees shall be required for government agencies.
(12)
The fee for a temporary certificate of occupancy shall be $2,000
plus escrow.
(13)
An additional charge of $100 shall be required for any type of living
quarter.
[1]
Editor's Note: This resolution provided an effective date
of 1-1-2023.
A.
Procedure for site plan approval. Except as provided for in § 322-85C and D, no use, site, building or structure shall be established, changed, expanded, constructed, erected, converted, altered, modified or regraded except in accordance with a site plan approved in accordance with the provisions of this article. No building permit, sign permit, certificate of occupancy or certificate of compliance shall be issued for any activity requiring site plan approval until the site plan is approved.
(1)
The Board shall either approve, approve with modifications or disapprove
a site plan within 62 days of the Planning Department's receipt of
a complete site plan application. For purposes of this section, an
application shall not be considered complete until either SEQRA findings
or a SEQRA negative declaration is issued by the lead agency.
(2)
If any of the departments having reviewing responsibilities under Subsection A(5) of this section determines that the site plan does not comply with the specifications of the Town Code, it shall notify the applicant thereof in writing. The letter shall be sent by certified mail and shall state the manner in which the proposed site plan application does not comply with the Town Code. A copy of this letter shall be sent to all departments having reviewing responsibilities under Subsection A(5) below. If the applicant does not submit revised plans within 62 days of submission of the application, the application shall be deemed denied unless the Board and the applicant agree to an additional specified amount of time to submit the revised plans.
(3)
The Planning Director, the Town Engineer, the Building Director, the Director of Traffic Safety and the Environmental Protection Director shall review the site plan application to determine whether the proposed site improvements conform to this chapter, the Town codes and all other applicable regulations and standards, including but not limited to those listed in § 322-87, and shall make a recommendation to the Board.
[Amended 5-8-2007]
(4)
If the Board approves the site plan, the Building Director shall
review the building permit application for conformity with the approved
site plan and applicable building codes.
[Amended 5-8-2007]
(5)
No modifications to the design shall be made during the course of
construction unless the applicant receives approval by the Planning
Director, Building Director, Town Engineer, Director of Traffic Safety
and Environmental Protection Director for addendum. Said officials
shall require the submission of a revised application for any modifications
involving an increase of floor area, impermeable surface area or building
height.
[Amended 5-8-2007]
B.
Procedure for site plan exemption approval. An application for a site plan exemption shall be reviewed by the Planning Director, the Town Engineer, the Building Director and the Environmental Protection Director. In making a determination on the application, said officials shall verify that the requirements of § 322-87B have been satisfied.
[Amended 5-8-2007]
(1)
A decision to approve or disapprove an application for a site plan
exemption shall be made within 30 days of the submission of a completed
application. Approval of the application shall be obtained only upon
the approval of all of said Town officials. A lack of approval by
any or all of said Town officials shall be deemed a disapproval of
the application.
(2)
Upon the written request of one or more of said Town officials for
clarification or additional information with respect to the application,
the applicant shall have 30 days in which to provide same and which
shall extend the approval process by said thirty-day period. upon
the applicant's failure to so respond within such time, the application
shall be deemed disapproved.
(3)
No modifications to the design shall be made during the course of
construction unless the applicant receives approval by the Planning
Director, Building Director, Town Engineer and Environmental Protection
Director for addendum. Said officials shall require the submission
of a revised application for any modifications involving an increase
of floor area, impermeable surface area or building height.
A.
The decision of the Board of Site Plan Review shall be administratively
final. Any proposed change or revision in the site plan must, absent
a provision herein to the contrary, receive the approval of the Board.
B.
A decision on a site plan exemption application is not administratively
final. Upon the disapproval of an exemption application, the applicant
may apply for site plan approval pursuant to this article.
[Amended 3-8-2011; 4-22-2021 by L.L. No. 2-2021]
Approval by the Board of Site Plan Review shall automatically
expire two years after the approval date unless a valid building permit
has been obtained, or a one-year extension has been granted upon the
applicant's request, prior to the expiration thereof. There shall
be a fee for any such extension. The fee for each one-year extension
shall be 50% of the initial application fee.
A.
Certificates of occupancy.
(1)
It shall be unlawful to use or permit the use or change in use of
any building, structure, premises, lot or land or part thereof hereafter
erected or altered, enlarged or moved or put into use, in whole or
in part, after the effective date of this chapter, until a certificate
of occupancy has been obtained by the owner, as provided for under
the Building Code[1] and this chapter.
(2)
No certificate of occupancy shall be issued for any building, structure,
premises, lot or land unless the erection, construction, reconstruction,
structural alteration, restoration, repair or moving of any building
or structure or part thereof and the intended use thereof are in conformity
in all respects with the provisions of this chapter.
(3)
After a certificate of occupancy is issued, there shall be no alterations
to or revisions of the site, as approved, without first obtaining
approval from the Board of Site Plan Review or the Town officials
which approved the site plan exemption application, as appropriate.
Whenever any alterations or revisions are made to a structure or a
site without benefit of such approval, the certificate of occupancy
for the entire site shall be null and void.
(4)
Upon the request of the owner or his or her authorized agent for
a certificate of occupancy, the Building Director shall issue the
certificate, provided that said Building Director, along with the
Planning Director and the Town Engineer, find that such building or
structure is in conformity with the approved site plan or exemption
application, if such approval was required.
[Amended 5-8-2007]
B.
Temporary certificates of occupancy.
(1)
In cases of undue hardship, the Building Director may issue one temporary
certificate of occupancy, valid for a period of one year, for any
building, structure or use, provided that:
[Amended 5-8-2007; 1-18-2024 by Res. No. 2024-88]
(a)
The Building Director, along with the Planning Director and
the Town Engineer, find, upon inspection of the site, that such building
or structure is in itself in conformance with the Building Code, Subdivision
Regulations, the Building Zone Ordinance[2] and all other applicable ordinances and regulations.
(b)
The Planning Director and the Town Engineer agree to approve
a temporary certificate of occupancy.
(c)
The Planning Director and the Town Engineer agree on the amount
of cash deposit that must be placed into escrow to insure the satisfactory
completion by the applicant of all required improvements within one
year of the date that the temporary certificate is issued.
[Amended 3-8-2011]
(2)
The temporary certificate of occupancy shall not be issued until
the cash deposit has been accepted by the Planning Department.
(3)
Failure of the applicant to satisfactorily complete all required
improvements within one year of issuance of a temporary certificate
shall render such escrow in default, and the Town may use the money
to pay for the completion of the required improvements. The actual
work may be performed by one of the Town's departments or by a private
contractor selected by public bid.
[Amended 3-8-2011]
(4)
The cash deposit shall be placed into a trust account established
for this purpose by the Town Comptroller.
Failure to obtain site plan approval where required, or to obtain an exemption therefor, shall be a violation of this chapter and shall subject the violator to such penalties as are set forth in § 322-105.
