Acts and Regulations

2023-52 - Inclusionary Zoning

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2023-52
under the
Community Planning Act
(O.C. 2023-197)
Filed September 21, 2023
Under section 124 of the Community Planning Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Inclusionary Zoning RegulationCommunity Planning Act.
Definition of “Act”
2In this Regulation, “Act” means the Community Planning Act.
Requirements to be met
3To authorize inclusionary zoning
(a) a municipal plan shall include statements of policy on inclusionary zoning,
(b) a zoning by-law shall include the inclusionary zoning provisions referred to in section 4, and
(c) a rural plan for a village or a rural plan for a rural community shall include statements of policy on inclusionary zoning and the inclusionary zoning provisions referred to in section 4.
Content of inclusionary zoning provisions
4The inclusionary zoning provisions shall contain the following information:
(a) the portion or portions of land to which inclusionary zoning applies;
(b) the type and size of developments to which inclusionary zoning applies;
(c) the type and size of housing units to which inclusionary zoning applies;
(d) the length of time during which inclusionary zoning applies to each development, the minimum length of time being 10 years;
(e) the meaning of “affordable housing”;
(f) the number of housing units or ratio of gross floor area required to qualify as affordable housing;
(g) the zoning options available for developers, including whether or not payment in lieu of affordable housing is permitted;
(h) the manner in which funds, including funds from payments in lieu of affordable housing and the conversion from affordable housing units, may be distributed;
(i) the purposes for which funds, including funds from payments in lieu of affordable housing and the conversion from affordable housing units, may be used; and
(j) the procedure with respect to monitoring and reporting on the provision of affordable housing under inclusionary zoning.
Exemptions
5The inclusionary zoning provisions shall not apply to an affordable housing project of
(a) a not-for-profit organization, or
(b) the Government of Canada or the Province.
Commencement
6This Regulation comes into force on October 1, 2023.
N.B. This Regulation is consolidated to September 21, 2023.