Smithtown, NY Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Bonus density
- Up to 5 units/acre in RC District
- Affordable set-aside
- 50% of bonus units for low-income seniors
- Rent cap
- Under 30% of low-income senior median income
- Floor area cap
- 35% of site area
- Building height
- Max 2 stories
- Industrial buffer
- 500 ft from Light/Heavy Industry District
- First-offense fine
- $500 to $5,000
Summary
Smithtown's Town Board can award a special exception adding up to five dwelling units per acre in a Retirement Community (RC) District, but only if at least half of the bonus units are set aside as affordable senior housing under strict income and rent caps.
The Town Board may, upon application and after a public hearing on notice as provided in § 322-94 for special exception uses, authorize a special exception for a density bonus of up to five units per acre added to the Retirement Community (RC) Zoning District, if said Board shall find that the proposed use is desirable and compatible with the surrounding area and is in keeping with those purposes of this chapter as stated in §§ 322-2 and 322-49... At least 50% of the bonus units shall: Be set aside to be used by senior citizens whose total income is classified as "low income" by the standards set forth by either the United States Bureau of Census or the United States Department of Housing and Urban Development. Rent for an amount which is less than 30% of the total median income of low-income senior citizens...
Full Breakdown
Under Town Code § 322-101, the Town Board may authorize a density bonus of up to five units per acre added to a Retirement Community (RC) Zoning District after a public hearing noticed the same way as other special exceptions under § 322-94. Before granting it, the Board must confirm the site has reasonable access to mass transit and local shopping, sits at least 500 feet from any Light Industry or Heavy Industry District, fronts on a state, county or Town arterial road, and holds buildings no taller than two stories measured from at least two corners.
Gross floor area on the site cannot exceed 35% of the site area, a cap added by a 1988 amendment. One manager's apartment per 50 bonus apartments (or fraction thereof) is allowed on top of the density otherwise permitted under § 322-19B. S. Census Bureau or HUD, and rent for those units must stay below 30% of the median income of low-income senior citizens under the same federal classifications. Applicants must back this up with a restrictive covenant or comparable recorded agreement approved by the Town Board guaranteeing the units stay affordable, plus a graphic site analysis and scaled site plan under Article XIII covering steep slopes, drainage, groundwater depth, soils, vegetation, wildlife, wetlands, and historic or scenic resources. The Board retains discretion to impose additional conditions before granting the exception.
Violations & Fines
Violations of the RC density-bonus conditions are enforced as zoning violations under § 322-106. A first conviction carries a fine of $500 to $5,000; a second conviction within five years of the first carries $2,000 to $10,000; a third or subsequent conviction within five years becomes a misdemeanor punishable by $4,000 to $15,000, up to six months' imprisonment, or both. Each day a violation continues after Town notification or service of a summons is a separate offense, and the violator also owes the Town's costs of pursuing the case. The Town Attorney may additionally seek civil penalties up to $500 per day, injunctive relief, or an action to compel compliance.
Frequently Asked Questions
Does Smithtown allow extra housing density for senior developments?
How much affordable housing must a Smithtown density-bonus project include?
What happens if a developer violates the density-bonus conditions?
Can the Town add conditions beyond the code's minimum list?
Sources & Official References
Other rules in Smithtown
New York rules heatmap·Compare Smithtown to another location·View the New York zoning overlays & bonuses overview
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Density Bonus Law in Nearby Cities
How other cities in Suffolk County handle density bonus law.