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NOW THEREFORE, consistent with Sections 10 and 11 of the Cape Cod Commission Act, the <br /> Cape Cod Commission hereby resolves as follows: <br /> I. Based on the reasons and purposes recited above and other evidence presented, the <br /> Commission accepts the nomination for consideration of a proposed Cape-wide <br /> Fertilizer Management DCPC, and shall pursue designation of said DCPC in <br /> accordance with Section 10 and 11 of the Cape Cod Commission Act; and <br /> 1I. Pursuant to section I I(c)(1) of the Act, the Commission certifies that,relative to the <br /> purposes of the proposed DCPC, no type or class of development will be substantially <br /> detrimental to the protection of the public health, safety and welfare and will not <br /> contravene the purposes of the Act, and a development by-law or by-laws had been in <br /> effect immediately prior to the nomination of such area and development permits <br /> could have been granted under those by-laws. <br /> III. Further, in accepting the nomination, the Commission expressly finds that the <br /> issuance of development permits for a single-family house or houses on lots held in <br /> common ownership or on lots in separate ownership is not substantially detrimental to <br /> the protection of the public health, safety and welfare and will not contravene the <br /> purposes of the Act <br /> IV. Therefore,because regulation of fertilizer application, which is the primary purpose <br /> of the DCPC, does not require development permits as that term is defined under the <br /> Act, among other reasons, the Commission excludes all types and classes of <br /> development from a moratorium on the issuance of local development permits during <br /> the period in which the DCPC designation and Implementing Regulations will be <br /> pursued, and a municipality may continue to grant development permits for all <br /> development within the nominated district, including but not limited to those specific <br /> types or classes of development enumerated in Sections 11(c) of the Cape Cod <br /> Commission Act, recited below; <br /> • for development that has received approval as a development of regional impact <br /> within the seven year period next preceding the nomination of the geographic area <br /> in which said development is located, in whole or in part and such approval is still <br /> valid; <br /> • for a development of regional impact that has been referred to the Commission for <br /> review prior to the first published notice of the nomination of a district of critical <br /> planning concern in which said development is located, in whole or in part, and <br /> subsequently is approved; <br /> • for a development authorized by a development agreement which has been <br /> approved by the Commission and the relevant municipality or municipalities. <br /> 3 <br />