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 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.
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]
[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.
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.