FAQs • Smithtown, NY • CivicEngage

A street tree is causing a sidewalk, curb, or driveway apron defect; what will happen to my street tree?: The Town is faced with several challenges with regard to sidewalk, curb and driveway apron repair. One such challenge is street trees. A good majority of the defects in sidewalk and driveway aprons are a result of street tree roots lifting the sidewalk. In the past, sidewalks were at times ramped over tree roots or root pruning would be performed. These methods are only a temporary solution as the tree roots will eventually lift the new sidewalk again and cause another defect in the same location. In addition, it is not recommended to prune roots as it may weaken the integrity of the street tree and cause a potential hazard in the future.
Although some homeowners do not want to see their street tree removed, it is necessary to address the cause of the sidewalk defect. The Town is responsible for maintaining the accessible route of sidewalk travel; so if the cause of the sidewalk defect or other infrastructure damage is the street tree, the street tree will have to be removed.

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Engineering Department

1. Do I need a building permit for a retaining wall?: The Town Code requires that a building permit be obtained from the Building Department for any retaining wall that will have an exposed height of more than 30 inches. However, specific zoning requirements may require a building permit for walls thirty inches or less.

2. Do I need a permit to regrade the soil on my property?: On existing residential properties, in general, a regrading permit must be obtained from the Engineering Department where an existing elevation is changed by more than four feet or where earth is altered within ten feet of the property line. For vacant, residential larger than two acres, or commercial properties please contact the Engineering Department at (631) 360-7550.

3. What do I have to do to get a defective sidewalk repaired?: The only thing you, the homeowner, have to do is file a Notice of Defect in the office of the Town Clerk. This is a very important step and the only step needed by the homeowner in order to get a sidewalk added to the list of sidewalk to be repaired. After the Notice of Defect is received and filed by the Town Clerk, it is forwarded to the Highway Department. It is very important to be as detailed as possible as to the exact location of the defect and to describe the defect.
After the Notice of Defect is received, it is forwarded to the GIS Division of the Engineering Department. It is at this point that an Engineering Department staff member will visit the location of the Notice of Defect and record its location using a GPS device and also take a picture. This is why it is very important to be as accurate as possible with the location of the defect. If we are unable to locate the defect, a notice will be placed in the complainant’s mailbox requesting a better description and location of the defect. The information collected in the field is then uploaded to a database and is added to the Highway Department’s list for repair.

4. A street tree is causing a sidewalk, curb, or driveway apron defect; what will happen to my street tree?: The Town is faced with several challenges with regard to sidewalk, curb and driveway apron repair. One such challenge is street trees. A good majority of the defects in sidewalk and driveway aprons are a result of street tree roots lifting the sidewalk. In the past, sidewalks were at times ramped over tree roots or root pruning would be performed. These methods are only a temporary solution as the tree roots will eventually lift the new sidewalk again and cause another defect in the same location. In addition, it is not recommended to prune roots as it may weaken the integrity of the street tree and cause a potential hazard in the future.
Although some homeowners do not want to see their street tree removed, it is necessary to address the cause of the sidewalk defect. The Town is responsible for maintaining the accessible route of sidewalk travel; so if the cause of the sidewalk defect or other infrastructure damage is the street tree, the street tree will have to be removed.

5. What do I have to do to get a defective curb and/or driveway apron repaired?: The only thing you, the homeowner, have to do is file a Notice of Defect in the office of the Town Clerk. The Highway Department records all curb and driveway apron defects and schedules them for repair.