The Town Board finds that the age structure of the Town of Smithtown's population is undergoing significant changes. The population is increasing, but household size is decreasing. The median age is increasing as the school-aged population declines. As a result of these demographic changes, the housing needs of the Town's residents have expanded beyond that available within the Town. In recognition of this need and demand for alternative types of owner-occupied housing, for the permanent residents of the Town of Smithtown the R-6 Residential District is hereby established.

The purposes of the R-6 District are to:

Within the R-6 District, the following uses and structures shall be permitted:

Within the R-6 District, the following uses shall be prohibited: the storage of recreational vehicles (e.g., boats, trailers, campers, etc.), unless a single suitable communal facility is provided within a structure or enclosure.

Written application for a change of zone shall be submitted to the Town Board, pursuant to § 322-94 of the Town Code.

If the application for a zone change is approved by the Town Board, the applicant may then submit an application to the Planning Board to obtain subdivision approval pursuant to Chapter 248 of the Code of the Town of Smithtown. The applicant shall be subject to all requirements set forth in Chapter 248 of the Town Code and this section (Chapter 322, Article VIII).

After the final plat has been approved by the Planning Board, the applicant shall submit an application to the Board of Site Plan Review, pursuant to Chapter 322, § 322-88, of the Code of the Town of Smithtown.

After the Board of Site Plan Review has approved the application, the final plat shall be recorded and filed at the Suffolk County Clerk's office.

Each dwelling unit shall be owner-occupied; however, nothing herein shall prevent an individual owner-occupant from renting his or her individual unit.

Building coverage, including a garage, shall not exceed 15% of the site area. Enclosed garages may not be converted into habitable floor area.

The minimum site size shall be five acres; the maximum site size shall be 35 buildable acres and 200 units.

The front yard setback from the public road on which the site fronts shall be no less than 100 feet. The setbacks for the side yards and rear yard of the entire site shall be 50 feet from the property lines. There shall be a minimum distance from internal roadways to buildings of 20 feet. No townhouse structure, accessory structure or internal roads may be placed within the required yards.

There shall be a minimum of 50 feet between the rear of any two townhouse structures and a minimum of 30 feet between the sides of any two townhouse structures.

Each townhouse structure may contain up to six dwelling units. The maximum length of any townhouse structure shall be 200 feet.

The owner of a dwelling unit may use or own property to the rear (and/or side, where applicable) of the dwelling unit, the depth of which shall not exceed beyond 20 feet from the dwelling unit.

There shall be four on-site, off-street parking spaces provided for each dwelling unit. Fifty percent of the spaces shall be designed and designated as overflow spaces for visitors and may be paved with crushed stone or porous paving subject to approval of the Board of Site Plan Review.

A community association shall be established by the developer and shall become the responsibility of the residents of the development. The following conditions shall apply:

All townhouse and accessory structures within a development shall be of the same architectural style and shall use compatible exterior building materials and colors.

Adequate facilities for the storage of refuse shall be provided in appropriate, but inconspicuous, locations and shall be screened by landscaping, fencing or walls which are designed and constructed to harmonize with the architecture of the townhouse structure and the surrounding environment. The same applies to utility appurtenances.

Site elements such as mailboxes, fencing and lighting shall be of a architecturally compatible design and shall be used in a consistent fashion throughout the development.

Internal roadways shall be 24 feet in width, except at the entrance to the development. No on-street parking shall be permitted.

Where enclosed garages are used, the width of the paved area shall not exceed that of the garage entrance(s).

Each dwelling unit within a townhouse structure should be individualized by variations in building setbacks, roofline, and roof slopes.

Each dwelling unit within a townhouse structure shall have windows on at least two sides of the unit.

Decks shall conform to the following requirements:

The required front, side and rear yards for the entire site shall be adequately screened by vegetation to provide privacy for the residents of both the development itself and adjacent homeowners. Existing vegetation shall be maintained, as shall supplemental plantings required by the Planning Board or Board of Site Plan Review. In no case shall trees be cut down prior to the submission of plans to the Planning Board.

The exteriors of all sides of all buildings shall be covered with decorative architectural materials. Not more than two principal siding materials shall be permitted in any R-6 District. Architectural materials which are simulations of other materials shall not be permitted.