Amending Bylaw to Development Bylaw 2025-001 (1st Reading) — full text

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RMEK Amending Bylaw 2025-001 A bylaw to amend the Rural Municipality of Eastern Kings, RMEK Development Bylaw #2023-01 Effective Date The effective date of the RMEK Amending Bylaw #2025-001, a bylaw to amend the RMEK Development, Zoning & Subdivision Control Bylaw #2023-01, is the date as signed below by the Minister of Housing, Land and Communities. Authority This Bylaw is made under the authority of the Planning Act R.S.P.E.I. 1988, Cap. P-8 and the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1. BE IT ENACTED by the Council of the Rural Municipality of Eastern Kings as follows: Phasing for Subdivisions, Section 10.9 (page 51) of the RMEK Development (the Bylaw) stated as: 10.9.1 Subdivisions having more than 5 lots shall be approved in phases; and 10.9.2 The number of lots approved in any one phase of a subdivision shall not exceed 10. is amended in subsection 10.9.2 by the deletion of the number '10', and the substitution of the number '5'. Parkland Dedication and/or Park Dedication Fee, Section 10.6 (page 49) of the RMEK Development (the Bylaw) stated as: 10.6.1 Any person applying to subdivide 3 or more lots within the municipality, from an area of land as it existed on the effective date of the Bylaw, shall convey to the Municipality, for the purpose of developing parkland, an area of useable land equivalent to 10% of the lands being developed. 2.2 10.6.2 Where parkland is conveyed it shall be exclusive of: (a) existing public streets or highways; (b) existing private roads; (c) proposed streets, highways, and private roads; and (d) the remainder land, if any. 2.3 10.6.3 The conveyed parkland shall have access to a street, road, or active transportation corridor. 2.4 10.6.4 Notwithstanding Subsection 10.6.1, where there is no useable land free of all encumbrances; where the subdivider so desires; or where, in the opinion of the Development Officer, sufficient parkland is available, the Municipality shall accept, in accordance with the Planning Act, for parkland, open space, recreation facility, or similar public purposes, a sum of money equal to 10% of the land assessment of the subdivided lands, exclusive of: (a) existing public streets or highways; (b) existing private roads; (c) proposed streets, highways, and private roads; and (d) the remainder land, if any. is amended in subsection 10.6.1 by the deletion of '3 or more lots', and the substitution of: '5 lots or more, should there be multiple phases for subdivision,'; and is amended in subsection 10.6.1 by the deletion of the percentage number '10%' and the substitution of the percentage number '7.5%'; and is amended in subsection 10.6.4 by the deletion of the percentage number '10%' and the substitution of the percentage number '5%'. Adoption and Approval by Council First Reading: RMEK Amending Bylaw 2025-001 was read and approved a first time at the Council meeting held on May 13, 2025. Second Reading: RMEK Amending Bylaw 2025-001 was read and approved a second time at the Council meeting held on ____________________, 2025. Adoption and Approval by Council: RMEK Amending Bylaw 2025-001 was adopted by a majority of council members present at the Council meeting held on _____________________, 2025 RMEK Amending Bylaw 2025-001 was declared to be passed on _______________________, 2025. Mayor Chief Administrative Officer (signature sealed) (signature sealed) Ministerial Approval The Rural Municipality of Eastern Kings, RMEK Amending Bylaw 2025-001 is hereby approved. Minister of Housing, Land and Communities Date RMEK Official Plan Amendment (OPA) 2025-001 To amend the Rural Municipality of Eastern Kings, RMEK 2023 Official Plan Effective Date The effective date of the RMEK OPA #2025-001, to amend the RMEK 2023 Official Plan, is the date as signed below by the Minister of Housing, Land and Communities. Authority This Official Plan Amendment is made under the authority of the Planning Act R.S.P.E.I. 1988, Cap. P-8 and the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1. BE IT ENACTED by the Council of the Rural Municipality of Eastern Kings as follows: 1. Section 5.4.2 Parkland Dedication of the RMEK 2023 Official Plan states: 1.1 Policy 5-43 Council shall, through the Development Bylaw, require the dedication of parkland or cash-in-lieu through the subdivision process except: subdivision of fewer than three (3) lots; is amended in Policy 5-43 (a) by the deletion of the word 'three' and the deletion of the number '(3)' to be substituted with the word 'five' and the number '(5)' Adoption and Approval by Council The RMEK Official Plan Amendment OPA-2025-001 was approved and adopted by a majority of council members present at the Council meeting held on May 13, 2025. The RMEK Official Plan Amendment OPA-2025-001 was declared to be passed on May 13, 2025. Mayor Chief Administrative Officer (signature sealed) (signature sealed) Ministerial Approval The RMEK Official Plan Amendment, OPA-2025-001 is hereby approved. Minister of Housing, Land and Communities Date