An Introduction to the Cape Cod Commission
Model Bylaws and Regulations Project

November 5, 2002

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Twelve model bylaws have been prepared by the Cape Cod Commission for use by the Cape's fifteen towns.

The models were prepared to assist the Cape towns adopt regulations covering a wide variety of topics and avoid each town "reinventing" a proven approach to land use management.

While the bylaws are developed as models and not intended for adoption without specific tailoring for each community, they should serve as appropriate starting points for towns seeking to adopt regulations on the specific topics noted below.

Some of the topic areas discussed below are already covered by existing town regulations. It is important to note, however, that a principle purpose of the model regulations is to encourage towns to review and perhaps update their current regulations to comply with recent changes in statutory law or planning practice and to make their regulations consistent with local and regional plans. To that end, it is recommended that towns review the model bylaws even though their current regulations may appear to address the particular topic.

The model bylaws include five traditional methods of land use regulation in the Commonwealth: zoning, subdivision control, health, wetlands and general police power bylaws and ordinances.

Zoning bylaws/ordinances are governed by the enabling authority provided in the Zoning Act (G.L. c. 40A) and include a broad range of typical approaches to regulating the use of land, such as dimensional limitations to height, bulk, and width of structures. Zoning also provides however, opportunities for use of innovative and creative options such as special permits for cluster developments, density bonuses and transfer of development rights.

Subdivision regulations are governed by the enabling authority provided in the Subdivision Control Law (G.L. c. 41 sect. 81 et. seq.) and include methods for planning boards to regulate the layout of roads and utilities contained within subdivisions of land.

Health regulations are governed by the enabling authority provided in G.L. c. 111 sect. 31 and include regulations promulgated by Boards of Health to protect public health, including the protection of water resources and regulation of toxic and hazardous materials.

Wetlands regulations and bylaws are governed by the enabling authority provided in G.L. c. 131 sect. 40 and G.L. c. 43B sect.13 and include regulations adopted by Town Meeting and the Conservation Commission designed to protect wetland resources and wildlife habitat.

General bylaws are governed by the enabling authority granted to cities and towns in the Commonwealth through the Home Rule Authority established in G.L. c. 43B sect. 13 and include regulations designed, generally, to protect public health, safety and welfare.

It is important to note that each of the five regulatory options noted above, and presented in the model bylaws, are adopted via different mechanisms and voting requirements. In addition, each of the options are intended to regulate specific uses and those uses only. For example, a regulation designed to limit the height and bulk of buildings within defined districts (e.g. the Village Style Development bylaw) should be adopted as a zoning bylaw/ordinance. It would be inappropriate to seek to accomplish the intended goals of this bylaw through a health or subdivision regulation, or general bylaw. When in doubt as to the appropriate vehicle for adoption, please consult with local counsel.

Model Bylaws

The model bylaws include, in the following order:

1. A Model Development Rate Limitation Bylaw. This bylaw sets a model approach for towns seeking to limit building permit issuance to a defined annual amount. The bylaw ties annual building permit issuance to capital facilities planning such that new growth and development will not outstrip the town's ability to pay for such growth.

2. A Model Development Agreement Bylaw. This bylaw, prepared under the authority of the Cape Cod Commission Act, allows towns with a certified comprehensive plan to enter into legally binding agreements -- contracts -- with land owners, developers and the Commission. These contracts protect the landowner from regulatory changes that may occur during a project's life. They benefit the community and the Cape in general, by acquiring through legal means, public benefits from the project proponent.

3. A Model Village Style Development Bylaw. This zoning bylaw establishes a template for Cape towns to protect their historic villages through the use of site planning and traditional zoning dimensional controls. When coupled with architectural review guidelines, this bylaw should prove useful in establishing and maintaining a vision of the town's downtown centers.

4. A Model Transfer of Development Rights Bylaw. This zoning bylaw provides an innovative method for protecting a town's -- and the Cape's -- natural and built resources. The bylaw sets up a procedure for designating portions of the community that residents want protected and allows for the transfer of the rights to build in those areas to other, less sensitive and more "urban" locations within the town, or Cape Cod.

5. An Open Space Residential Development Bylaw (cluster bylaw). This model is an in-depth zoning bylaw enabling towns to permit cluster-type subdivisions. The Bylaw incorporates provisions common to typical cluster regulations (e.g., lot configuration and open space set-aside) but also includes several provisions that are not included in many Cape cluster regulations, including mandatory cluster requirements, site design considerations and restrictions on re-use of common open space.

6. A Model Access Management Bylaw. This bylaw can be used as either a general bylaw, zoning bylaw and/or subdivision regulation. It is designed to assist towns regulate access to town owned ways, limit the number of curb cuts within defined areas and provide engineering guidance on roadway and curb cut locations.

7. A Model Personal Wireless Service Facilities Bylaw. This bylaw is designed to assist Cape towns plan for, as opposed to react to, installation of telecommunication towers. The bylaw presents regulatory language allowing towns to establish through zoning the most appropriate locations for telecommunication towers and devices, as well as prescribes conditions for telecommunication tower approval.

8. A Model Hazardous Waste Bylaw. This general town bylaw is an updated version of the model hazardous waste bylaw prepared by the "old" Cape Cod Planning and Economic Development Commission in the 1980s. The updated version includes valuable cross-references to state regulations for hazardous waste disposal and groundwater protection.

9. A Model Aquifer Protection Overlay District Bylaw. This bylaw provides a comprehensive overlay district for the protection of groundwater used for drinking water on Cape Cod. The bylaw focuses on groundwater protection by incorporation of Department of Environmental Protection standards as well as provides emphasis on minimization of stormwater contamination and nitrogen loading.

10. A Model Wetlands and Wildlife Habitat Bylaw. This model provides guidance for towns that wish to update their local wetlands bylaws and wetlands regulations and provides current guidance on wetlands protection techniques, fee assessment and mitigation measures.

11. A Model Land Clearing, Grading and Protection of Specimen Trees Bylaw. This zoning bylaw is designed to link with site plan review bylaws currently in place in most Cape towns. The bylaw should prove valuable to towns that have struggled with how to control the degree of site clearing and tree removal for development projects.

12. A Model Floodplain Development Bylaw. This zoning bylaw should complement floodplain regulations currently in place in most towns and, through a strong definition section, provides a valuable link to the Wetlands Protection Act and the Regional Policy Plan.

The Commission encourages the use of these bylaws, with or without acknowledgment. However, it is strongly advised that Towns pursuing the use of these bylaws seek advice from counsel during the drafting and adoption process.

Funding and Credits

The project was funded in large part by a Regional Planning Grant awarded by the Massachusetts Executive Office of Environmental Affairs. It should be noted that four of the bylaws included in this package are products of earlier efforts by the Commission, in cooperation with three consultants:

The Model Bylaw for Personal Wireless Service Facilities was developed in 1997 in cooperation with the planning firm of Kreines and Kreines, 58 Paseo Mirosol, Tiburon, CA 94920, and was funded in part by a grant from the Massachusetts Department of Housing and Community Development.

The Model Transfer of Development Rights Bylaw and the Model Village Style Development Bylaw were developed in 1997 by the environmental services firm of Horsley and Witten, Inc., 90 Route 6A, Sextant Hill, Sandwich, MA 02563, and the law firm of Robinson and Cole, P.C., One Commercial Plaza, Hartford, CT 06103, in cooperation with the Cape Cod Commission.

For more information, contact Cape Cod Commission Chief Planner/Deputy Director John Lipman, (508) 362-3828 ext. 330.