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CAPE COD COMMISSION

DCPC Guidance Document

Guidance Document for the Nomination and Designation of
Districts of Critical Planning Concern
pursuant to the Cape Cod Commission Act, Chapter 716 of the Acts of 1989, as amended.

Prepared December 1990

 

Contents

What is a DCPC? | How does a DCPC work? | Why seek a DCPC designation?
Who may nominate a proposed district? | How does the public participate in the DCPC process?
What procedures will the Commission use to review and process a nomination? | What is the effect of a nomination?
By what criteria does the Commission accept or deny a nomination? | How is a DCPC adopted by ordinance?
When may a rejected area be reconsidered? | Where do I get more information?
Milestones to DCPC Designation | Suggested Criteria for DCPCs

 

This guidance document should be read in conjunction with DCPC Regulations. Its purpose is to clarify the procedure for nominating and designating Districts of Critical Planning Concern.

What is a DCPC?

A District of Critical Planning Concern (DCPC) is an area of critical value to Barnstable County which must be preserved or maintained due to one or more of the following factors:

  1. the presence of significant natural coastal, scientific, cultural, architectural, archaeological, historic, economic or recreational resources or values of regional, state-wide or national significance; or
  2. the presence of substantial areas of sensitive ecological conditions which render the area unsuitable for development; or
  3. the presence or proposed establishment of a major capital public facility or area of public investment.

DCPCs may cover areas located in one or more than one town. Districts may be nominated and designated for many purposes. For example, they may protect a municipal investment, protect a critical natural resource, or provide incentives for economic development. For a list of sample districts, see below.

How does a DCPC work?

A DCPC designation allows for creation and adoption of special rules and regulations to govern development within a district. These special rules and regulations, called "Implementing Regulations," must promote the purposes for which the district was designated. Implementing Regulations, once they are certified by the Commission, are the means by which development is regulated within a district. For example, Implementing Regulations for a district which is designated to promote village center revitalization may provide incentives for development more dense than is otherwise permitted. Implementing Regulations for a district designated to protect a critical environmental resource may provide safeguards to prevent inappropriate development. Once a DCPC is designated and Implementing Regulations are adopted, town agencies will oversee development within the designated district.

Why seek a DCPC designation?

A DCPC designation will allow a community or communities to:

A nominated area should require a special regulatory or planning effort which cannot be adequately addressed through otherwise available local regulations. Projects which are grandfathered from changes in local zoning and regulation under state enabling statutes are no longer grandfathered under new Implementing Regulations.

Who may nominate a proposed district?

Any area may be nominated for designation by:

  1. Cape Cod Commission
  2. Barnstable County Commissioners
  3. Barnstable County Assembly of Delegates

    Areas within towns or areas in neighboring, contiguous towns may be nominated by:

  4. board of selectmen, historical commission, planning board, board of health or conservation commission.

Nominating parties must schedule a pre-application conference with Commission staff at which time submission requirements and the District Nomination Form will be discussed. Nominations should be delivered to the Commission Clerk in hand or by certified mail. Nominating parties may hold a public hearing prior to submitting a proposed district to the Commission in order to determine the level of local support for the nomination.

How does the public participate in the DCPC process?

The public participates in the DCPC process through public hearings by providing oral and written comments. Materials submitted on all nomination may be viewed at the Commission's office during the Commission's business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.

Upon receipt of a fully completed application for nomination, the Commission will: (1) publish an official notice of the nomination in the Cape Cod Times; such notice will suspend the issuance of local development permits; (2) publish informational notices in area newspapers; and (3) mail notice to local boards. After an area is accepted by the Commission for consideration as a DCPC, the Commission will hold a public hearing in the town or one of the towns within which the nominated area or a portion thereof is located. The Assembly of Delegates also holds a public hearing on the proposed designation. The purpose of the public hearings is to gather public comments on the proposed designation. Notice of hearings will be advertised in area newspapers and mailed to local boards and other interested persons. Information about stages of the DCPC nomination and designation process will also be published in the Commission's official publication, the REPORTER.

What procedures will the Commission use to review and process a nomination?

Upon receipt of a nomination application, the Commission will make an initial review of the application for completeness. The Commission may request further information on the nomination as it deems necessary. Upon receipt of a fully completed application, the Commission will review the proposed area and the reasons for its nomination. Within 45 days of receiving the completed nomination application, the Commission must either reject the nomination, or accept it and proceed with a full public review. Rejection of a nomination restores local permit granting authority and may limit reconsideration of the area. Upon acceptance of a nomination, the Commission will:

  1. describe the reasons for acceptance of the nominated area, including a description of the area's critical concern to the region, the problems of uncontrolled or inappropriate development in the area and the advantages anticipated from development of the area in a controlled manner; and
  2. define the types and classes of development which may proceed during the nomination/designation process; and
  3. specify guidelines for development in the district based upon findings relating to the critical concerns in the area. The guidelines for development will describe suggested land use regulations which will govern development in a manner appropriate to the district.

If the Commission accepts the nomination after the 45-day review, then within 60 days of acceptance of the nomination, or 120 days by extension, the Commission will hold a public hearing and decide whether or not to forward the nominated area to the Assembly of Delegates and County Commissioners for adoption by ordinance.

What is the effect of a nomination?

After receiving a fully completed nomination application, the Commission publishes an official notice of the nomination. Publication of official notice has the effect of suspending all local agency permitting authority within the nominated area for 45 days. If the Commission decides to further consider the nomination after the end of the 45 day period, then local agency permitting authority continues to be suspended within the nominated area, except that the following types of development may proceed during the nomination/designation process:

  1. the types or classes of development certified by the Commission as consistent with the purposes of the proposed district (including emergency work); and
  2. developments which have received Development of Regional Impact (DRI) approval within the past seven years, as long as the approval is still valid; and
  3. DRIs referred to the Commission prior to the first published notice of the nomination, if the development is thereafter approved; and
  4. developments authorized by a development agreement approved by the Commission and the relevant town(s); and
  5. the construction of single-family homes, unless the Commission specifically finds that they may not proceed; and
  6. developments which have received all necessary permits and only require a Certificate of Use and Occupancy from the building inspector; and
  7. developments exempted from Commission review under section 22 of the Act listing transitional exemptions.

After an area is designated by ordinance, development may only proceed pursuant to Commission-certified Implementing Regulations.

By what criteria does the Commission accept or deny a nomination?

The Commission will base its decision to accept a nomination on three factors: (1) there must be a need for special regulation or planning to protect the district from inappropriate development; (2) the proposed district must preserve or maintain a value or resource protected by the Act (see Section 1 of the Act); (3) regulatory and/or planning tools must be available which are likely to be effective in protecting or otherwise meeting the objectives of the proposed district. Inappropriate development is any development which is inconsistent with the intent and purposes of the proposed district and as such must be determined on a case by case basis. A determination of appropriateness will be a part of the Commission's written decision stating the reasons for forwarding the nomination to the Assembly of Delegates for designation. Commission denial of a nominated area will be accompanied by a written explanation of the reasons for not accepting the nomination for further consideration.

How is a DCPC adopted by ordinance?

After a public hearing, the Commission may vote to forward the nominated area to the Assembly of Delegates as a proposed district. The Assembly will hold its own public hearing within 60 days of receiving the proposed district from the Commission. Within the same 60-day period, the Assembly must vote to designate, reject, or return the proposed district to the Commission for restudy and redrafting. If the Assembly votes to return the proposed district to the Commission, it will submit to the Commission a written report identifying those elements it finds objectionable, together with a request for changes. The Commission has 45 days to redraft the proposed district and resubmit it to the Assembly. If the Assembly does not accept the proposed district as redrafted by the Commission within 60 days, it is deemed denied. When the Assembly votes to designate a proposed district as an ordinance, the ordinance is forwarded to the County Commissioners for their approval pursuant to the Barnstable County Charter. If approved by the County Commissioners, the district becomes effective upon recording with Barnstable County Registry of Deeds.

When may a rejected area be reconsidered?

Not for two years, unless four-fifths of Commission members present at a meeting vote to reconsider the same geographic area for the same concerns.

Where do I get more information?

Contact the Cape Cod Commission at 3225 Main Street, Barnstable, MA 02670 at (508) 362-3828. For information regarding the process of nominating DCPCs, contact Chief Planner/Deputy Director John Lipman. To receive notices of public hearings on nominated DCPCs in your area, contact Commission Clerk Kathie Peters.

Milestones to DCPC Designation

  1. The completed nomination is received by the Commission.
  2. The Commission decides to reject or accept the nominated area for further consideration within 45 days;
  3. If accepted, the Commission holds a public hearing;
  4. The Commission decides to reject the area or nominate it for designation by ordinance within 60 days or, by extension, 120 days.
  5. If the Commission votes to nominate it, the area becomes a proposed district and is considered by the Assembly of Delegates and County Commissioners for adoption by ordinance.
  6. The Assembly holds its own public hearing on the Proposed District.
  7. Assembly of Delegates decides to designate, reject, or return the proposed district to the Commission for further review, within 60 days.
  8. If Assembly designates the district, affected towns have 12 months to propose Implementing Regulations to the Commission.
  9. If the town fails to submit certifiable Implementing Regulations, they are adopted at the county level.
  10. Commission-certified Implementing Regulations are adopted into the maps and bylaws of the town and govern development in the DCPC.

 

Suggested Criteria for Districts of Critical Planning Concern

The types of districts that may be proposed as districts of critical planning concern include, but are not limited to, the districts listed below or a combination thereof. The districts listed below are intended to provide guidance for district nominations only and are in no way intended to limit the type or scope of district nominations.

1. Water Resource District

The district is important to the protection of an aquifer, watershed, aquifer recharge zone, or surface water body with the following considerations:

  1. Without special regulations in the district, development or waste disposal could endanger the quality or quantity of the water.
  2. Studies or expert advice indicate that the designation and regulation of the district could be effective in protecting the quality or quantity of water.

2. Aquaculture Resource District

The water body in the district is particularly suited for production of shell- or fin-fish and can be made productive through good management and improvements.

3. Agricultural Resource District

The district includes areas particularly suited now and in the future for sustaining or augmenting the food supply or other agriculture of Cape Cod. The district must have one or more of the following characteristics:

  1. The district is generally being farmed or it is practical to convert it to agricultural uses.
  2. Land ownerships within the district are generally of adequate size to support agricultural uses.
  3. Soil, climate, and topography are well suited for agriculture.

4. Wildlife, Natural, Scientific, or Ecological Resource District

The district contains an important and identifiable wildlife, natural, scientific or ecological resource. This would include but not be limited to plant, animal, and marine life and their habitats, as well as unusual geological features.

5. Cultural, Historic, Architectural or Archaeological Resource District

The district contains a place, landscape, way, or view that is in some special way expressive of the character of Cape Cod, traditions of Cape Cod residents, and of special interest to Cape Cod visitors and residents. The district also must be:

  1. of exceptional symbolic or recreational importance and is either visible or accessible to them or can reasonably be made so; or
  2. rare, unique, or makes an unusual contribution to the diversity of the Cape Cod character; or
  3. irreplaceable, or replaceable only with extraordinary effort or expense.

Subject to the above general tests, designations may be considered for areas that are important for their connection with the aesthetic value or the history of the region-including its geological history or the history of its Indian settlement-or that symbolize and support traditional activities and ways of life of Cape Cod, or that give us a particular understanding of Cape Cod. These include places that present opportunities to enjoy hunting, fishing, and wildlife.

6. Economic or Development Resource District

The district will include areas that have special potential for providing employment or housing for Cape Cod residents or for accepting necessary development that might be detrimental in other locations. The district must also:

  1. require special regulations to create, preserve, or enhance that potential; and
  2. be better suited or more readily available for development than other areas of Cape Cod, considering topography, utilities, costs, and environmental and social impact.

7. Major Public Investment District

The district will include areas that have a significant impact on an existing or possible future major public investment or areas that are significantly affected by such an investment. In addition, the district must qualify as follows:

  1. The district pertains to a major public investment and may include, but is not limited to, airports, roads and ways, schools, parks, beaches, preserves, public utilities and medical facilities owned or operated by a federal, state, county, or municipal agency; and
  2. The intended use or operation of the public investment or the health, safety, and welfare of the public could be impaired by inappropriate development in the district.

8. Hazard District

It is an area that possesses hazards due to natural or man-made conditions including but not limited to marginal soil or topographic conditions that render it unsuitable for intense development, flooding, waste treatment, groundwater, erosion, construction problems, salt water intrusion, and pollution.

9. Waterfront Management/Watersheet Zoning District

These districts identify appropriate uses of harbor and waterfront resources including but not limited to promotion of conservation, maritime and fishing industry uses, and recreational uses of the shoreline and adjacent waters.

10. Downtown Commercial Revitalization District

This district promotes development in downtown areas by accepting necessary development and reducing sprawl.

11. Transportation Management District

This district regulates development in order to facilitate public and marine transportation and/or traffic flow and safety between and within Cape Cod towns and to and from Barnstable County. Scenic views and recreational areas are maintained.

12. Affordable Housing Resource District

The district includes the presence or proposed establishment of a major capital public facility or area of public investment suited now and in the future for provision of decent, affordable housing of all types for low and moderate income Cape Cod residents. The district must also:

  1. maintain the affordability of existing and new affordable housing; and
  2. designate areas for higher-density housing; and
  3. include incentives for towns to donate land for affordable housing; and
  4. be better suited for development than other areas of Cape Cod considering topography, proximity to social services and commercial centers, utilities, costs, and environmental impact; and
  5. promote social diversity.

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