By-Law 16 — Rusagonis-Waasis 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 16e7255485c9 · 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. 16-2024  ## A By-Law to Amend the Rusagonis-Waasis Planning Area Rural Plan Regulation (14-RUW-033-00) Pursuant to section 59 of the Community Planning Act, the Council of the Sunbury-York South Rural Community enacts the following amendments to The Rusagonis-Waasis Planning Area Rural Plan Regulation (14-RUW-033-00). 1. The following amendment to subsection 2.4(1): 2. 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 "Rusagonis-Waasis Planning Area Zoning Map" and is amended by Schedules B-1, C-1, D-1, E-1, and F-1. 2. That the land having PID 60199999, as shown on the map herein attached as Schedule F-1 and subject to the agreement herein attached as Schedule F, is hereby rezoned, pursuant to section 59 of the Community Planning Act, from Industrial - "'' Zone to Rural Residential - "R" Zone, within the Sunbury-York South Rural Community of the parish of Lincoln and the county of Sunbury, being within the designated area of the Rusagonis-Waasis 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: Lovenba 19, 20247 ovense 19, 2024          David Hayward, Mayor Seati Merell Leslie Mortell, Interim Clerk I certify that this instrument is registered or filled in the J'atteste que cet instrument est enregistré ou déposé au bureau de l'enregistrement du comté de County Registry OHicE New Brunswick Junbur Nouveau-Brunswick 2025-04-24 11:24:08 45998102 number/numéro - Hatt Registrar-Conservateur mmunit sunburs 2 1111 ## Sunbury-York South Rural Community By-Law No. 16-2024 Schedule F  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: Marwood Ltd. (hereinafter referred to as the "applicant") WHEREAS the Municipality has been asked to rezone property currently owned by Marwood Ltd. located in the Sunbury-York South Rural Community, NB, PID 60199999, from Industrial \_ "'" Zone to Rural Residential - "R" 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 any alterations in or within 30 metres of a watercourse or wetland require a Watercourse and Wetland Alteration Permit under the Watercourse and Wetland Alteration Regulation (Reg 90-80) as per subsection 12(2) of the New Brunswick Clean Water Act. 2. THAT parking be in accordance with the applicable sections of the Rusagonis- Waasis Planning Area Rural Plan Regulation (14-RUW-033-00). 3. THAT an Archeological Impact Assessment be completed by an archeologist with a valid Archeological Field Research Permit before any ground disturbance activities take place. 4. THAT outdoor lighting be located, arranged or shielded so as to not interfere with neighbours' reasonable enjoyment of their properties or with traffic proceeding along Route 101. 5. 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. In WITNESS WHEREOF the heretofore parties mentioned have hereunto set their hands and seals this \_ day of \_ \_ 2024. SUNBURY-YORK SOUTH RURAL COMMUNITY ## Sunbury-York South Rural Community By-Law No. 16-2024 Schedule F      MAYOR Facing nance CLERK Leadeala WITNESS Band Rile APPLICANT WITNESS   ## PROVINCE OF NEW BRUNSWICK SUNBURY-YORK SOUTH RURAL COMMUNITY 1, Leslie Morrell, of the Sunbury-York South Rural Community in the Counties of Sunbury and York and the Province of New Brunswick, do hereby certify: That I am the Interim 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. 16-2024, enacted by the SunburyYork South Rural Community Council on the 18 day of March,2025. 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 18th day of March,2025. I certify that the attached document has been compared with the original and is a true copy thereof.   Serie Manuel Leslie Morrell Interim Clerk unit leiny 47nos кол-літай ## 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. 16-2024 - A By-Law to Amend the RusagonisWaasis Planning Area Rural Plan Regulation (14-RUW-033-00) 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. 16-2024 - A By-Law to Amend the Rusagonis-Waasis Planning Area Rural Plan Regulation (14-RUW-033-00) adopted by the local government council of the Sunbury-York South Rural community on the 18th of March 2025. Dated at the Capital Region Service Commission on the 16th of April 2025. Malinda Parks Print Name EGISTERS Malinda Parks MParts Signalure 2025.04.16 Parts Signature Place Stamp/Seal of Reglstered 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 interests of the Province, local governments and residents of the Province in the long-term. The document meets this SPI because: This will provide housing for employees next to the worksite reducing automobile reliance. - [ ] SP.2 Promote a range of housing options such as size, type, density and design throughout communities. The document meets this SPI because: N/A - [ ] SP.3 Support the provision of a range of affordable housing options throughout communities. The document meets this SPI because: N/A - [ ] SP.4 Avoid development and land use patterns that may cause environmental or health and safety issues. The document meets this SPI because: N/A - [ ] 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 in locations with previously constructed and actively maintained roads. The document meets this SPI because: New development will be on an actively maintained road. - [ ] 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 - [ ] AA. 1 Identify prime agricultural areas and prioritize them for agricultural uses and other compatible uses. The document meets this SPI because: N/A - This property is not in a prime agricultural area - [ ] 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 - [ ] 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: This proposal is outside hazard areas, this proposal does not contribute to additional climate change vulnerabilities.  - [x] 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: This proposal is 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 X 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 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. There are wetlands on this property, but they are not provincially significant, they have been delineated, and there are terms and conditions requiring the appropriate permits through the Clean Water Act. - [ ] 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 - There are wetlands on this property, but they are not provincially significant, they have been delineated, and there are terms and conditions requiring the appropriate permits through the Clean Water Act. - [x] 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: This property is not in a natural resource development area. Any development in or near the delineated wetland will be subject to a WAWA permit.