The Planning Board was authorized to vary the Building Zone Ordinance 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.

(4) Any change in the building zone regulations by the Planning Board shall be made in accordance with the conditions and standards enumerated under § 322-30.4 of the Town Code.[Added 9-11-2007]

B. Criteria for review and approval of residential subdivision plats by the Planning Board pursuant to the provisions of § 281 of the Town Law of New York State. [Added 7-12-1983]

(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 within the Town 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] Prime agricultural soils defined as being Agricultural Capability Class I or Class II soils by the Suffolk County Soil Survey, 1975.

[3] Hydrogeologic Zone I, as defined by the Long Island Waste Treatment Management Plan.

[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] Mature woodlands.

[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) A proposed residential subdivision shall be clustered if doing so would further serve the following objectives:

[1] To preserve and strengthen the community identity of established neighborhoods.

[2] To diversify residential environments within the Town while meeting the needs of present and future residents.

[3] To create buffer zones between residential environments and sources of noise, pollution and traffic, e.g., highways and railroads.

[4] To preserve open space and other natural resources of the remaining undeveloped land within the Town.

[5] To provide opportunities for passive and active recreation within new residential neighborhoods.

[6] To provide environmentally compatible drainage systems.

[7] To improve traffic safety by separating vehicular and pedestrian paths.

[8] To encourage energy conservation.

[9] To minimize the cost of municipal services and the associated tax burdens that occur in conjunction with new residential development.

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 reap, 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 and 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] A description of variances granted shall become part of the Planning Board resolution approving each final plat. For every lot in a subdivision in which a variance is granted, a fee of $175 shall be assessed, with the exception of those variances granted pursuant to § 248-31.