By-law A-12 — Douglas Planning Area Rural Plan Amendment
Central York, New Brunswick
· adopted 2025-05-27
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## Central York Rural Community By-Law No. A-12
A By-Law to Amend the Douglas Planning Area Rural Plan Regulation (03-DOU-024-00)
Pursuant to section 59 of the Community Planning Act, the Council of the Central York Rural Community enacts the following amendments to The Douglas Planning Area Rural Plan Regulation (03-DOU-024-00).
1. The following amendment to subsection 2.4:
2. 2.4(1) For the purposes of the Regulation, the area is zoned as delineated on the attached Schedule A, entitled "Douglas Planning Area Zoning Map" and dated February 14, 2001, is amended by schedules "C-1" and "D-1".
2. That the land having PID 75147009 & 01526839, as shown on the map herein attached as Schedule D-1 and subject to the agreement herein attached as Schedule D, is hereby rezoned, pursuant to section 59 of the Community Planning Act, from Golf Course Zone "GC Zone" & Single and Two-Family Residential and Agricultural Zone "R Zone" respectively to Gravel Pit Zone "GP Zone", within the Central York Rural Community of the parish of Douglas and the county of York, being within the designated area of The Douglas Planning Area Rural Plan Regulation (03DOU-024-00).
This By-Law shall come into effect and be binding on all persons as of and from the date filed at the Registry Office.
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First Reading:
Second Reading:
May 13, 2025
May 13, 2025
Third Reading:
May 27, 2025
Rolan
David DuPlessis, Mayor
Den Chan
Duncan Walker, CAO/ Clerk
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I certify that this Instrument Is registered or filed in the
'atteste que cot Instrument est enregistre ou déposé au bureau do l'enreglatrement du comté de
Yorke
County Registry Office, New Brunswick
ork
Nouveau-Brunswick
2025-06-1711:54:36 46167137
date/date
time/heure
number/numero
K- 2/cal
Registrar-Conservateur
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## Central York Rural Community By-Law No. A-12
THIS AGREEMENT MADE THIS 6e day of
JUNE 2025. Between: THE CENTRAL YORK RURAL COMMUNITY, a Municipal Body Corporate, being situated in the County of York, in the Province of New Brunswick (hereinafter referred to as the "Municipality") AND: MCL Management (hereinafter referred to as the "applicant") WHEREAS the Municipality has been asked to rezone property currently owned by MCL Management located in the Central York Rural Community, NB, PID 75147009, from Golf Course Zone - "GC Zone" & PID 01526839 from Single and Two-Family Residential and Agricultural Zone - "R Zone" to Gravel Pit Zone "GP Zone", under section 59 of the Community Planning Act, AND WHEREAS the Municipality is authorized by the provisions of Section 59 of the Community Planning Act to enter into an Agreement with the applicant imposing reasonable terms and conditions, as a Resolution of council, NOW THEREFORE WITHNESSETH that for and in consideration of mutual covenants and agreements contained herein, the Municipality and the applicant covenant and agree to as
follows:
1. THAT the operation of the quarry be in general conformity with the site plan attached as Schedule D-2;
2. THAT prior to the commencing of any excavation upon said lands, a copy of an Approval to Operate, as issued by the Department of Environment and Local Government, shall be submitted to the Development Officer at the Capital Region Service Commission;
3. THAT a copy of all subsequent Approval to Operate, as issued by the Department of Environment and Local Government, shall be submitted to the Development Officer at the Capital Region Service Commission;
4. THAT all excavations shall comply, as required, with the Clean Air Act, the Water Quality Regulation - Clean Environment Act, the Clean Water Act, in particular, the Watercourse and Wetland Alteration Regulation, and the Water Well Regulation - Clean Water Act;
5. THAT the applicant contact the Watercourse and Wetland Alteration branch of the Department of Environment and Local Government to verify a potential unmapped watercourse or wetland on the property;
6. THAT the applicant shall obtain, if required, a Watercourse and Wetland Alteration permit, and address concerns noted by the Department of Environment and Local Government WAWA Branch;
7. THAT the applicant shall obtain, if required, an Environmental Impact Assessment and address concerns noted by the Environmental Assessment Branch;
8. THAT the applicant shall submit to the Authorizations Branch, a revised Final Operational Perimeter (FOP), Blast Monitoring Plan (BMP), adhere to Rock Quarry sitting standards, apply and be approved for a revised Approval to Operate, and address any concerns noted by the Authorization Branch of Department of Environment and Local Government;
## Central York Rural Community By-Law No. A-12 Schedule D
9. THAT the developer of the operation shall comply with the Species at Risk Act and must address concerns noted by the Department of Natural Resources and Energy Development;
10. THAT if there is an accidental discovery of archaeological resources during any groundbreaking activities, the proponent shall follow Section 9 of the Heritage Conservation Act;
11. THAT the provisions within subsections 3.5(2), 3.5(3), 3.5(4), 3.5(5), and 3.5(6) of the Douglas Planning Area Rural Plan Regulation - Community Planning Act, for excavations within a gravel pit - GP Zone, apply;
12. THAT the hauling road for the entry of trucks upon, or the removal of materials from, said lands be located upon, or in the vicinity of lands having PID's 75349084 and 75152702, and connecting to Royal Road, as shown on Schedule D-2 subject to the following:
13. All associated costs of constructing and maintaining the hauling road will be borne by the applicant,
14. All required permits are obtained with regards to the construction of any structure to facilitate the crossing of a watercourse;
15. THAT the hours of operation are restricted to 7:00am to 7:00pm Monday to Saturday, with no operation on Sunday or prescribed days of rest in accordance with the Days of Rest Act;
16. THAT the entrance to the site shall have a barrier to control access to the site;
17. THAT signs shall be placed at any entrance, tracks and/or trails etc. bearing the word "Danger", "No Trespassing", and the nature of the operation;
18. THAT trucks and vehicles waiting to access the quarry are not to be parked or idling along Route 620;
19. THAT any additional services beyond those specified in the application require the applicant to contact the CRSC Planning and Development office to assess the necessity of obtaining any further land use approvals.
20. THAT the rezoning of lands herein does not mean an approval on the issuing of subsequent permits or approvals, such as for building or subdivision.
Any violations of terms and conditions as set out by Council resolutions and contained within these agreements may result in the termination and cancellation of this rezoning within 30 days of written notice.
## Central York Rural Community By-Law No. A-12 Schedule D
In WITNESS WHEREOF the heretofore parties mentioned have hereunto set their hands and seals this 6 day of JuNE2025.
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CENTRAL YORK RURAL COMMUNITY
2a Mala
MAYOR
Puna Calha
CLERK
WITNESS Mality,
APPLICANT
WITNESS
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## Service New Brunswick
## Service Nouveau-Brunswick
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While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal description or to calculate exact dimensions or area.
Même si cette carte n'est peut-être pas libre de toute erreur ou omission, toutes les précautions ont été prises pour en assurer la meilleure qualité possible. Cette carte est une représentation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caractère officiel et ne doit donc pas servir à la rédaction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie.
## Schedule D-2 / Annexe D-2