The Planning Board was authorized to vary the Building Zone
Ordinance[1] requirements by Town Board resolution on June 22, 1954.
A.
The Planning Board is authorized to make any reasonable change in
the building zone regulations which apply to the land platted in order
to permit desirable flexibility in subdivision plat planning consistent
with the general character of the community and the general welfare,
provided that:
(1)
Planning Board approval shall be simultaneous with final plat approval
and after public hearing preceded by the same public notice required
for the approval of the plat itself.
(2)
There is no change in permitted or special exception uses.
(3)
The resulting average population density and land coverage shall
not be greater than was permitted in the zone districts shown on the
Zoning Map.
B.
Criteria for review and approval of residential subdivision plats
by the Planning Board pursuant to the provisions of § 278
of the Town Law of New York State.
[Added 7-12-1983; amended 7-17-2018]
(1)
Findings.
(a)
The Town of Smithtown has grown into a mature suburban Town.
There is relatively little vacant land left for new residential subdivision
development. Much of this land has remained undeveloped until now
because of certain site-specific obstacles to construction, e.g.,
steep slopes or low-lying wetlands. However, the increasing demand
for new housing, coupled with favorable market conditions, has made
these remaining properties more attractive for development.
(b)
The Town Planning Board recognizes that these properties should
be developed according to sound planning, engineering and environmental
principles. More specifically, they should be developed with the following
goals in mind:
[1]
To preserve open space and, subsequently, to provide opportunities
for passive or active recreational uses.
[2]
To design environmentally compatible layout and construction
so as to prevent the destruction of or minimize the adverse impacts
to significant natural resources such as natural landforms, steep
slopes, groundwater, floodplains, tidal and freshwater wetlands, ponds,
streams, prime agricultural soils, vegetation, wildlife, scenic corridors
and vistas, clean air and solar or wind energy sources.
[3]
To reduce the long-term municipal maintenance costs that must
be borne by the Town.
[4]
To preserve and enhance the character of established neighborhoods.
[5]
To prevent or minimize adverse impacts to or the destruction
of significant cultural resources such as historic sites and structures
and archaeological sites.
(c)
The preservation and protection of these and other natural and
cultural resources will benefit the general health, safety and welfare
of the present and future residents of the Town. Clustering of residential
development is a proven means of protecting natural and cultural resources.
When the physical nature of the land or its location within the community
is such that a standard subdivision does not attain these goals or
would be inappropriate, whether for environmental or safety reasons,
then a cluster design shall be required.
(d)
In addition to these benefits, good cluster design helps reduce
street construction and maintenance costs, reduce vehicular trip miles,
conserve fuel and other energy and minimize school tax burdens. Good
cluster design can also help preserve the established character of
an area, enhance social interaction within the community, strengthen
community identity and, finally, provide the variety of living environments
necessary to meet the needs and desires of the Town.
(2)
Criteria for review and approval.
(a)
A proposed residential subdivision shall be clustered if it
will impact on any of the following natural resources or phenomena:
[1]
Slopes exceeding 15%, areas with erosion problems and areas
where the mass movement of soil can occur, e.g., escarpments.
[2]
(Reserved)
[3]
(Reserved)
[4]
Flood hazard areas, including natural drainage swales and flood
zones, as defined by the National Flood Insurance Program.
[5]
Shallow depth to groundwater (less than 20 feet).
[6]
Surface water resources such as bays, estuaries, lakes, ponds
and streams, whether continuous or intermittent.
[7]
Saltwater and freshwater wetlands.
[8]
Land within the coastal zone, as defined by the New York State
Department of State.
[9]
Woodlands having a median trunk diamter of more than 12 inches
and an area of more than three acres.
[10]
Habitat for rare, unique, threatened, endangered
or protected species of plants and animals, such as bogs, pine barrens
and ecotones.
[11]
Significant local topographic phenomena such as
kettleholes, kames and high points; also, scenic views and corridors.
[12]
Land adjacent to state or county lands, state
parkways, state and county highways, railroads, large Town parks and
the Nissequogue River Greenbelt.
[13]
Known or suspected archaeological sites.
[14]
Historic resources listed in the Historic Sites
Inventory of the Town of Smithtown.
(b)
(Reserved)
C.
Local Waterfront Revitalization Program (LWRP).
[Added 7-25-1989]
(1)
Findings.
(a)
No subdivision, including those which have not yet received preliminary approval as of the effective date of this provision, shall be approved until the Town Board has determined, pursuant to Chapter 151, Article II, of the Town Code, that the subdivision is consistent with the LWRP policies, standards and conditions or until the Town Board determines with respect to the proposed action that:
[1]
No reasonable alternatives exist which would permit the action
to be undertaken in a manner which will not substantially hinder the
achievement of such LWRP policies, standards and conditions.
[2]
The action would be undertaken in a manner which will minimize
all adverse effects on such LWRP policies, standards and conditions
to the maximum extent practicable.
[3]
The action will advance one or more of the other LWRP policies,
standards and conditions.
[4]
The action will result in an overriding Town, regional or statewide
public benefit.
(b)
Such a finding shall constitute a determination that the action
is consistent with the LWRP policy standards and conditions.
(2)
Notwithstanding any other provision in this chapter of the Town Code,
all subdivisions within the Local Waterfront Area shall conform to
the following requirements:
[Amended 4-5-1990]
(a)
All subdivisions shall be clustered pursuant to § 281
of the Town Law of the State of New York such that:
[1]
The combined areas of clearing of the existing vegetation and
regrading shall not exceed a total of 25% of the plat area. All limits
of clearing shall be shown on the final map, and restrictive covenants
shall be filed on all portions of the property plat area which constitutes
the 75% of said area to remain undisturbed.
[2]
The subdivision conforms to the LWRP's adopted land use plan.
[3]
After determining the yield of a property pursuant to § 322-19, all environmentally sensitive lands of two or more contiguous acres shall be preserved and protected from disturbance by deed covenants to run with the land, prohibiting the construction or placement of buildings and/or accessory structures, the removal of existing vegetation, the alteration of topography, the disturbance of existing soils, the removal or placement of soils or fill and/or the use of synthetic fertilizers, pesticides or herbicides. Subject to the approval of the Planning Board and the Town Board, such environmentally sensitive lands may be dedicated to the Town of Smithtown.
[4]
All scenic vistas and historic elements shall be preserved and
protected through the use of suitable permanent easements or deed
covenants to run with the land.
(b)
The open space shall be adjacent to existing or proposed conservation,
recreation and/or agricultural uses as shown on the LWRP proposed
land use plan.
(c)
Development rights may be transferred to land outside the coastal
area as authorized by the Town Code.
(d)
The Planning Board shall modify to the maximum extent practical the requirements of §§ 248-25D, F and G, 248-28D, E and F, 248-35A(1), (2), (4) and (5), and 248-37A(1) and B (Table I) to achieve the following objectives:
[1]
Reduce ground- and surface water pollution.
[2]
Increase groundwater recharge.
[3]
Decrease the volume of stormwater runoff.
[4]
Minimize impermeable surface area.
[5]
Minimize regrading.
[6]
Reduce soil erosion.
[7]
Minimize the loss of natural vegetation and wildlife habitat.
[8]
Preserve the natural scenic quality of the coastal area and
its environs.
(e)
The area of tree clearing and regrading shall not exceed 25%
of the plat area.
[Amended 1-10-1989; 7-9-1991; 2-22-1999; 6-2-2015]
A description of variances granted shall become part of the
Planning Board resolution approving each final plat. A fee of $500
for each variance request per lot shall be required except for variances
necessary for open space subdivisions.
