By-Law 12 — New Maryland Parish Planning Area Rural Plan Amendment — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 1471c62717cd · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Sunbury-York South Rural Community ## By-Law No. 12-2024 ## A By-Law to Amend the New Maryland Parish Planning Area Rural Plan Regulation (05-NMR-034-00) Pursuant to section 59 of the Community Planning Act, the Council of the Sunbury-York South Rural Community enacts the following amendments to The New Maryland Parish Planning Area Rural Plan Regulation (05-NMR-034-00). - 2.4(1) For the purposes of the Regulation, the area is divided into zones as delineated on the plan attached as Schedule A, entitles "New Maryland Parish Planning Area" and is amended by 1. The following amendment to subsection 2.4(1): Schedules B-1, C-1, D-1, E-1, F-1, G-1, I-1, and J-1. 2. That the land having PID 75078626, as shown on the map herein attached as Schedule 1-1, is hereby rezoned, subject to the terms and conditions contained in Schedule J, pursuant to section 59 of the Community Planning Act, from Residential One - "R-1" Zone to Home Based Industry One - "HBI-1" Zone, within the Sunbury-York South Rural Community of the parish of New Maryland and the county of York, being within the designated area of the New Maryland Parish Planning Area Rural Plan Regulation. This By-Law shall come into effect and be binding on all persons as of and from the date filed at the Registry Office. First Reading: Second Reading: Third Reading: March 19, 2024 March 19,2024 apie 16. 2024  David Hayward, Mayor   ## Sunbury-York South Rural Community By-Law No. 12-2024 Schedule J THIS AGREEMENT MADE THIS 16 day of apul 2024. Between: THE SUNBURY-YORK SOUTH 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: Daniel Cruickshank (hereinafter referred to as the "applicant") WHEREAS the Municipality has been asked to rezone property currently owned by Daniel Cruickshank located in the Sunbury-York South Rural Community, NB, PID 75078626, from Residential One - "R-1" Zone to Home Based Industry One - "HBI-1" 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 parking and signage be in accordance with the applicable sections of the New Maryland parish Planning Area Rural Plan Regulation (05-NMR034-00). 2. THAT at a given time, only two (2) cars (not including personal vehicles) for inspection or repair are allowed on the premises to maintain the residential character of the property. 3. THAT operating hours for the autorepair and vehicular inspection station be limited to: - i. Monday through Friday 9 am to 9 pm, and - ii. Saturday and Sunday 9am to 6pm. 4. 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. 5. 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. 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.  ## Sunbury-York South Rural Community By-Law No. 12-2024 Schedule J In WITNESS WHEREOF the heretofore parties mentioned have hereunto set, their hands and seals this 25 day of apul \_ 2024.  ## SUNBURY-YORK SOUTH RURAL COMMUNITY     MAYOR, CLERK WITNESS Pawny lucket APPLICANT WITNESS   Schedule J-1 / Annexe J-1 Date: November / Novembre 2023 By-law No. 12-2023  ## PROVINCE OF NEW BRUNSWICK SUNBURY-YORK SOUTH RURAL COMMUNITY 1, Marjorie Turner, of the Sunbury-York South Rural community in the Counties of Sunbury and York and Province of New Brunswick, do hereby certify: That I am the clerk of the said Sunbury-York South Rural Community, and as such have the custody of the minutes and records of the Council of the said Sunbury-York South Rural Community and the Common Seal of the said Rural Community. That hereto attached is a true copy of a by-law entitled By-Law No. 12-2024, enacted by the Sunbury-York South Rural Community Council on the 16 of April 2024. That I have carefully compared the said by-law with the original and the same is a true copy thereof. Dated at the Sunbury-York South Rural community Office on the 25 of April, 2024. I certify that the attached document has been compared with the original and is a true copy thereof.  Marjorie Turner Clerk (Stamp seal here) V1/'11 ork South INCORPORA g: D - PUNSWICH Влипшшо     i certify that this instrument is registered or filed in the York J'atteste que cet instrument est enregistré ou déposé au bureau da l'enregistrement du comté de County Registry Office, New Brunswick Nouveal-Brunswick 2024-05-0212:38:36 44906148 dateldate number/numéro - Matt regletrar-Conservateur ## I, Malinda Parks, residing in the City of Fredericton in the Province of New Brunswick, do hereby certify: 1. That I am a Registered Professional Planner in good standing, in accordance with the meaning set out in the Registered Professional Planners Act of New Brunswick 2. That this document is entitled By-Law No. 12-2024 - A By-Law to Amend the New Maryland Parish Planning Area Rural Plan Regulation (05-NMR-034-00) and is an amendment to a rural plan for a local government as defined in the Community Planning Act of New Brunswick. 3. That this document was prepared under my direction. 4. That this document complies with the provisions of the Community Planning Act of New Brunswick and the Regulations under that Act, including that this document is aligned with the Statement of Public Interest Regulation, as detailed within the attached analysis. 5. This document is By-Law No. 12-2024 - A By-Law to Amend the New Maryland Parish Planning Area Rural Plan Regulation (05-NMR-034-00) adopted by the local government council of the Sunbury-York South on the 16'h of April 2024. Dated at the Capital Region Service Commission on the 29*h of April 2024. Malında Parks Print Name Malinda Parks Signature 04-29-2024 Aparts Signature Place Stamp/Seal of Registered Professional Planner in this box   Analysis Demonstrating Compliance to the Statement of Public Interest Regulation ## SETTLEMENT PATTERNS - [x] SP.1 Promote efficient development and land use patterns that are in the best X interests of the Province, local governments and residents of the Province in the long-term. The document meets this SPI because: This will create a mix of land uses and provide a range of commercial and residential options within walkable neighbourhood. - [x] SP.2 Promote a range of housing options such as size, type, density and design throughout communities. The document meets this SPI because: There are no terms and conditions limiting the housing options aside from what is already established in the rural plan. - [ ] SP.3 Support the provision of a range of affordable housing options throughout communities. The document meets this SPI because: N/A - [x] SP.4 Avoid development and land use patterns that may cause environmental or health and safety issues. The document meets this SPI because: This is an infill mixed land-use opportunity in an existing neighbourhood. - [ ] SP.5 With respect to development that occurs in a community with existing or planned public infrastructure and services, promote development in locations where the public infrastructure and services are or are planned to be available. The document meets this SPI because: N/A - [x] SP.6 With respect to development that occurs in a community with no existing or planned public infrastructure or services, promote development ir locations with previously constructed and actively maintained roads. The document meets this SPI because: The development is an infill mixed land-use opportunity in an existing neighbourhood. - [ ] SP.7 Promote a range of transportation options, including public, regional and active transportation. The document meets this SPI because: N/A - [ ] SP.8 Promote the use of green infrastructure, including climate resilient lands. The document meets this SPI because: N/A - [ ] SP.9 Promote development in downtown areas and urban cores through increased density, infill and brownfield development. The document meets this SPI because: N/A ## AGRICULTURE - [x] AA. 1 Identify prime agricultural areas and prioritize them for agricultural uses X and other compatible uses. The document meets this SPI because: This property is not in a prime agricultural area. - [x] AA. 2 Identify current and future areas for fishery use and aquaculture use and prioritize them for those uses and other compatible uses. The document meets this SPI because: N/A - this property is not in a fishery or aquaculture area. - [x] AA.3 Consider set-backs, including reciprocal setbacks if appropriate, between areas with an agricultural use, fishery use or aquaculture use and areas used for incompatible purposes. The document meets this SPI because: N/A - this property is not in a prime agricultural or aquacultural area. ## CLIMATE CHANGE - [x] CC. 1 Promote energy conservation and efficiency, improved air quality, climate change mitigation and climate change adaptation through development and land use patterns. The document meets this SPI because: As an infill opportunity, outside hazard areas, this proposal does not contribute to additional climate change vulnerabilities.  CC.2 Consider how the siting and design of infrastructure can improve air quality and energy conservation and efficiency, minimize the health and public safety impacts of climate change and increase climate resiliency. The document meets this SPI because: As an infill opportunity, outside hazard areas, this proposal does not contribute to additional climate change vulnerabilities.   ## FLOOD AND NATURAL HAZARD AREAS - [x] FH. 1 Identify flood and natural hazard areas using provincial flood hazard mapping, provincial erosion mapping and other resources. The document meets this SPI because: Verified through the GeoNB open data catalogue, this property is not in a flood or natural hazard area. - [x] FH.2 Promote land use and development in areas other than flood and natural hazard areas. The document meets this SPI because: This property is not in a flood or natural hazard area. - [ ] FH.3 Promote land use and development that are not expected to increase the impacts on safety and costs associated with flooding and natural hazards. The document meets this SPI because: N/A - this property is not in a flood or natural hazard area. - [ ] FH.4 Promote land use and development that incorporate mitigation measures with respect to flooding and natural hazards or that are appropriate for areas subject to natural hazards. The document meets this SPI because: N/A - this property is not in a flood or natural hazard area. ## NATURAL RESOURCE DEVELOPMENT  - [x] NR. 1 Identify natural resource development areas and environmentally sensitive areas. The document meets this SPI because: Verified through GeoNB open data catalogue - this property is not in a natural resource development area nor an environmentally sensitive area. - [ ] NR.2 Prioritize natural resource development areas for natural resource extraction and development. The document meets this SPI because: N/A - this property is not in a natural resource development area. - [ ] NR.3 Prioritize environmentally sensitive areas for conservation and protection. The document meets this SPI because: N/A - this property is not in a natural resource development area. - [ ] NR.4 Consider set-backs, including reciprocal setbacks if appropriate, between natural resource development areas or environmentally sensitive areas and areas used for incompatible purposes. The document meets this SPI because: N/A - this property is not in a natural resource development area nor an environmentally sensitive area.