How does the public notification of a proposed development project change with the Form Based Code?

There is a neighbor notification provision within the Form Based Code. The Form Based Code requires notification to be given to owners of property abutting the proposed location of a development project.  All abutting property owners will be notified of the proposed project and invited to come in and speak to the Development Department about the project.  The notification must include a project description, the project’s location on the subject lot, and elevations.  The intent is for the Development Department to engage with the abutting property owners and serve as a conduit through which project changes may be discussed with the applicant to effectuate reasonable modifications to the project to address neighbor concerns.  Members of the public who are not abutting property owners may also submit comment to the Development Department for consideration.

Under today’s existing Town Code, projects which are subject to a building permit or other purely administrative review are not subject to public comment.  If notification occurs as a result of the permit process, there is no formal means by which public comment is considered in the review of the permit application.  For example, unless a property is located within a conservation subdivision or is subject to some other restriction, a residential property may be improved with a swimming pool without opportunity for neighbors – near or far – to comment on that permit application.  When the scope of the development triggers a requirement for site plan, special permit, subdivision, wetland permit, steep slopes, or variance approvals from the Planning Board or Zoning Board of Appeals, there is a formal public hearing process by which members of the public may submit written or verbal comment to the appropriate land use board for consideration. These comments inform the board’s review of the application but, by law, the board’s decision cannot rely solely on generalized community support or opposition to a project.  Instead, the board must review the information, studies, comments and professional reports submitted in favor of and in opposition to the project and apply that information to the standard of review set forth in the Town Code.  The Form Based Code maintains opportunity for public comment and maintains the purpose for which public comment is used in the application review process, but it changes the forum for providing comment. The project review and approval process is one of the areas under review, and is subject to change  

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1. NEW - Will completing the SEQRA review for the FBC on the entire study area undermine the Town Board’s ability to limit the FBC to only a small area (the North Greeley corridor)...
2. NEW - Why is the Town Board considering revisions to the FBC legislation before receiving draft responses to the comments from the public and interested agencies on the Town's DGEIS? ...
3. What is a form-based code?
4. What is the purpose of Chappaqua’s comprehensive plan?
5. What is the goal of rezoning the Chappaqua Hamlet?
6. Will the rezoning change the history of Chappaqua?
7. Is the Chappaqua form-based code a construction project?
8. What is GEIS?
9. Didn’t the members of the Downtown Working Group who own commercial properties in the Chappaqua hamlet have conflicts of interest that precluded their participation?
10. Does the Form Based Code allow the entire Chappaqua Hamlet to be 5 stories in height?
11. Why does the DGEIS study a "full build out" or "buildout scenario" of the Chappaqua Hamlet under the Form Based Code?
12. Does the FBC mean development on Town-owned land?
13. If the Town Board determines in the future to sell or lease Town-owned land for a development project, will I have and opportunity to vote on whether that should occur? Will there be a referendum?
14. Has the Town been in contact with other public entities on this proposal (e.g. the school board)?
15. Once the Form Based Code is in place, what are the next steps for the Town to attract interest in potential opportunities for development?
16. Does the Town plan to use eminent domain to buy and consolidate privately owned, small contiguous parcels?
17. How does the public notification of a proposed development project change with the Form Based Code?
18. Why is this the appropriate time to adopt a Form Based Code for Chappaqua?
19. Does Chappaqua have the water and sewer infrastructure to handle future development?
20. What assumptions were the foundation of the Form Based Code?
21. Can the public vote on the Form Based Code?
22. Can the Town conduct a "public opinion poll" or an advisory (non-binding) referendum of the electorate with respect to the proposed Form-Based Code?
23. Do any members of the Town Board have a conflict of interest with respect to the Form Based Code because they own property in the Chappaqua business hamlet?
24. Did the members of the Town’s “Downtown Working Group” write the Form Based Code?
25. What is the “New Direction” announced by the Town Board for the Form Based Code? What does that mean and what happens next?
26. If the Town Board is limiting the Form Based district to North Greeley, why will the FGEIS and SEQRA Findings Statement be completed for the entire study area?
27. Can the Town lawfully regulate the number of bedrooms that would be permitted within new apartment units?
28. The Chappaqua Board of Education has asserted that the Town cannot control whether future developments in the Chappaqua hamlet will be subsidized through PILOT agreements. Is this accurate?