[MassHistPres] Community Preservation Act-Description and Case Studies

[Judy Markland]

Chris,
Several things that might be helpful to add to this definition:
    * CPA funds need not be spent in the year they are raised.
    * Up to 5% of annual CPA revenues may be used to fund CPA project costs
    * The CPA does not count against the 2 1/2% tax increase limitation.
    * Communities may borrow to fund CPA projects and pledge future CPA 
revenues to repay the debt.
    * Municipalities may change the CPA surcharge at any time and may 
cancel it entirely after 5 years - if there is no outstanding borrowing.
    * CPA funds may be used for restoration and rehabilitation of historic 
resources, but not for ongoing maintenance.

You can find a data base of CPA projects through FY 2006 at 
communitypreservation.org.

Judy Markland
Whately Historical Commission

At 02:44 PM 3/11/2008, Chris Skelly wrote:
>COMMUNITY PRESERVATION ACT - FOR UPDATE OF PRESERVATION THROUGH BYLAWS
>AND ORDINANCES GUIDEBOOK
>I would appreciate your review and comments on the one page definition
>we have prepared.  In addition, I am looking for case studies to include
>in our guidebook where the community preservation act helped to protect
>historic and cultural resources.
>******************************************************
>What is the Community Preservation Act?
>The Community Preservation Act (M.G.L. Chapter 44B) establishes a
>mechanism by which cities and towns can develop a fund dedicated to
>historic preservation, open space and affordable housing.  Local funds
>are collected through a .5% to 3% surcharge on each annual real estate
>tax bill.  The amount of the surcharge is determined as a ballot
>question proposed at a municipal election.  At the state level, the
>Commonwealth has established a dedicated fund which is used to match up
>to 100% of the municipality's collections under the CPA.  The state
>match can vary depending on the funds collected through the CPA trust
>fund.
>
>How is it adopted?
>Adoption of the Community Preservation Act is a two step process
>requiring a majority vote of a ballot question at a municipal election
>and an article at Town Meeting or City Council.  The ballot question
>establishes the municipality's willingness to accept the real estate tax
>surcharge at the specified percent.  The Town Meeting or City Council
>approval establishes the bylaw to adopt a local Community Preservation
>Committee for which only a simple majority is required.
>
>How does it work?
>Adoption of the Community Preservation Act by a city or town fosters
>partnerships among historic preservationists, conservationists and
>affordable housing advocates.  At least 10% of the funds must be used to
>preserve historic resources; at least 10% must be used to protect open
>space; and at least 10% must be used to advance affordable housing.  The
>remaining 70% must be used for one of these three uses as well as
>recreational needs and can be distributed in varying proportions
>depending upon the projects that the town or city believes are
>appropriate and beneficial to the community.
>
>The Community Preservation Committee (CPC) that is established by the
>Town Meeting or City Council vote must have at least five members and no
>more than nine members with representation from the conservation
>commission, historical commission, housing authority, planning board,
>and parks commission.  This Committee is charged with developing a
>community preservation plan and with reviewing requests for funding.
>Each project must be approved by the CPC and then submitted to the
>legislative body - Town Meeting or City Council - for approval of
>expenditure of CPA funds, again requiring a simple majority.  In this
>way, the municipality continues to participate in the disposition of
>these funds.
>
>Cities and Towns that have adopted the CPA find it to be an excellent
>funding source for many preservation projects.  Some examples of
>historic preservation projects eligible for CPA funding include
>inventories of community-wide historic resources, National Register
>nominations, cemetery preservation, open space acquisition including
>cultural landscapes, preservation and restoration of public buildings
>and purchase of preservation restrictions.
>For additional information about the CPA, refer to
>www.communitypreservation.org.
>
>*******************************************************
>PRESERVATION THROUGH BYLAWS AND ORDINANCES
>The Massachusetts Historical Commission is updating our guidebook
>entitled "Preservation through Bylaws and Ordinances - Tools and
>Techniques for Historic Preservation Used by Municipalities in
>Massachusetts."  This guidebook contains descriptions on the variety of
>local bylaws and ordinances currently in use in Massachusetts for
>protecting historic resources and community character.  The guidebook
>describes how each bylaw functions, includes a list of municipalities
>that have passed each bylaw and summarizes success stories from around
>the state.  Originally prepared in 1998, the guidebook has been
>incrementally revised since then.  The current version of the guidebook
>can be viewed online at http://commpres.env.state.ma.us/content/ptbo.asp
>
>With assistance from a consultant team, the guidebook is undergoing
>substantial revisions.  These include revising the bylaw descriptions,
>researching new case study success stories and updating the list of
>cities and towns with each bylaw.
>
>Each bylaw will have the following:
>The first page will be a bylaw description summary that can fit on one
>page.  The next two pages will include case study success stories with
>text and photographs.  The fourth and last page will be the list of
>municipalities with each bylaw.
>
>The draft list of bylaws to include in the guidebook is below:
>Accessory Apartment Use
>Affirmative Maintenance Bylaws
>Archaeological Protection
>Architectural Conservation Districts
>Community Preservation Act
>Demolition Delay
>Design Review
>Down Zoning
>Downtown Revitalization
>Flexible Zoning
>Local Historic Districts
>Open Space Residential Design
>Phased Growth
>Planned Unit Development
>Right-to-Farm
>Scenic Overlay
>Scenic Roads
>Site Plan Review
>Transfer of Development Rights
>Transportation Corridor Overlay
>Upper Elevation Protection
>Up Zoning
>Village Center Zoning
>
>Christopher C. Skelly
>Director of Local Government Programs
>Massachusetts Historical Commission
>220 Morrissey Boulevard, Boston, MA 02125
>Ph: (617) 727-8470 / Fax: (617) 727-5128
>Christopher.Skelly at state.ma.us
>http://www.sec.state.ma.us/mhc/mhcidx.htm
>*******Stay Informed on Historic Preservation Topics by joining the
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>variety of topics.  For additional information, please contact me about
>the MHC On the Road program.*******
>******************************
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