By-Law 2026-01 — 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 19524da52986 · 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. 2026-01 ## 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 Supervisor 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). 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, entitled "New Maryland Parish Planning Area Zoning Map" as dated February 2005, is amended by Schedule B of Regulation 05-NMR-034-01, Schedule C of Regulation 10-NMR-034-02, Schedule D of Regulation 12-NMR-034-03, Schedule E of Regulation 14-NMR-034-04, Schedule F of Regulation 14-NMR-034-06, Schedule G of Regulation 16-NMR034-07 and Schedule H of By-law 2026-01. 2. That the land having PID 75541722, as shown on the map herein attached as Schedule H is hereby rezoned, pursuant to section 59 of the Community Planning Act and pursuant to Terms and Conditions contained in Schedule H-1, from Resource and Conservation - "R&C" Zone to Residential-Two "R-2" Zone, within the Sunbury-York South Rural Community of the Local Service District of New Maryland and the County of York, being within the designated area of the New Maryland Parish Planning Area Rural Plan Regulation (05-NMR-034-00). This By-Law shall come into effect and be binding on all persons as of and from the date filed at the Registry Office.   Approved by the Supervisor: My 7" 2026 iLy sunb E Yo Jon Ferguson, Superviso Robert White, Interim Cletti 4inos I certify that this instrument is registered or filed in the J'atteste que cet inatrument est enregistré ou déposó au bureau de l'enregistrement du comté de York County Registry Office, New Brunswick York Nouveau-Brunswick 2026-05-15 10:01:20 47207072 time/heures K. Matt number/numero Registrar-Conservateur       ## Sunbury-York South Rural Community By-Law No. 2026-01 Schedule H-1 THIS AGREEMENT MADE THIS 08\_ day of may 2026. 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: Chanthy Cheam (hereinafter referred to as the "applicant") WHEREAS the Municipality has been asked to rezone property currently owned by Chanthy Cheam located in the Sunbury-York South Rural Community, NB, PID 75541722, from Resource and Conservation "R&C" Zone to ResidentialTwo "R-2" 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 development shall adhere to the parking provisions contained in Section 3.8(1) of the New Maryland Parish Planning Area Rural Plan Regulation. 2. THAT the development shall adhere to the home-based businesses contained in Section 3.1 of the New Maryland Parish Planning Area Rural Plan Regulation. 3. THAT all signage shall adhere to the signage provisions contained in Section 4. 3.11 of the New Maryland Parish Planning Area Rural Plan Regulation. 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 the proposed use shall comply with all other applicable Acts and Regulations. 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 7u day of Me 2026.     SUNBURY-YORK SOUTH RURAL COMMUSIE SUPERVISO Loco CLERK E leadsicio WITNESS APPLICANT WITNESS  New Maryland Parish Planning Area Schedule H Dated: January 2026 By-Law Number 2026-01 This By-Law Rezones property as shown from Resource and Conservation "R&C" Zone to Residential-Two "R2" Zone under section 59 of the Community Planning Act ## PROVINCE OF NEW BRUNSWICK SUNBURY-YORK SOUTH RURAL COMMUNITY 1, Robert White, of the Sunbury-York South Rural Community in the County of Sunbury and York and Province of New Brunswick, do hereby certify: That I am the Interim Clerk/Senior Administrator 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 Municipality. That hereto attached is a true copy of a by-law entitled By-Law No. 2026-01 enacted by the Supervisor of Sunbury-York South Rural Community on the 7th of May 2026. 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 11th of May 2026. I certify that the attached document has been compared with the original and is a true copy thereof.  Recalle Robert White Interim Clerk/Senior Administrator  - 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. 2026-01 - 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. 2026-01 - A By-Law to Amend the New Maryland Parish Planning Area Rural Plan Regulation (05-NMR-034-00) adopted by the supervisor of the Sunbury-York South Rural Community on the 7ih of May 2026. Dated at the Capital Region Service Commission on the 12th of May 2026.   Since of Re RUns Malinda Parks lynature 12-05. 2026 MALINDA PARKS Print Name uParts 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 interests of the Province, local governments and residents of the Province in the long-term. The document meets this SPI because: The property is located in a area with similar uses and does not impede into the neighbourhood characteristics with this rezoning. - [ ] 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 - [x] SP.4 Avoid development and land use patterns that may cause environmental X or health and safety issues. The document meets this SPI because: The development does not impact any environmental or health and safety issues. - [ ] 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 X or planned public infrastructure or services, promote development in locations with previously constructed and actively maintained roads. The document meets this SPI because: the development occurs on existing residential infrastructure with private septic and water. - [ ] 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 and other compatible uses. The document meets this SPI because: 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 - [ ] 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 ## CLIMATE CHANGE - [ ] 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: N/A - [ ] 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: N/A ## FLOOD AND NATURAL HAZARD AREAS - [ ] 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: N/A - [x] FH.2 Promote land use and development in areas other than flood and natural X hazard areas. The document meets this SPI because: this property is located outside of a flood and natural hazard areas. - [x] 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: The property is not expected to increase impacts associated with flooding and natural hazards as it takes place outside of a flood 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 ## NATURAL RESOURCE DEVELOPMENT - [x] NR.1 Identify natural resource development areas and environmentally X sensitive areas. The document meets this SPI because: As a residential use and home-based business, this proposal does not impact environmentally sensitive areas. - [ ] NR.2 Prioritize natural resource development areas for natural resource extraction and development. The document meets this SPI because: N/A - [x] NR.3 Prioritize environmentally sensitive areas for conservation and X protection. The document meets this SPI because: this property is not in an environmentally sensitive area - [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 development is a compatible use for the area, and setbacks have been considered.