“municipal service” includes a service provided by or on behalf of a rural community incorporated under the Municipalities Act.
22(1)A person proposing to subdivide land shall apply in accordance with the regulations to a public health inspector in the health region where all or part of the land lies for a determination under subsection (4), if the subdivision plan of the land shows one or more lots that are less than two hectares in area and
(a)
shows that the water supply for any lot is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act, or
(b)
shows that the collection, treatment and disposal of the sewage for any lot less than two hectares in area is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.
22(2)A person proposing to subdivide land shall apply in accordance with the regulations to a public health inspector in the health region where all or part of the land lies for a determination under subsection (4), if the subdivision plan of the land shows one or more lots fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback established by by-law or regulation affecting the land and
(a)
shows that the water supply for any lot is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act, or
(b)
shows that the collection, treatment and disposal of the sewage for any lot fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.
22(3)An application under subsection (1) or (2) is made by leaving a copy of the tentative subdivision plan with the development officer as determined under the Community Planning Act.
22(4)A public health inspector shall make one or more of the following determinations:
(a)
that the land may be suitable for on-site water systems;
(b)
that the land is suitable for on-site sewage disposal systems;
(c)
that the land is not suitable for on-site sewage disposal systems if, in the opinion of the public health inspector, the installation of on-site sewage disposal systems may result in the pollution of the ground water or other water source or the creation of other health hazards; or
(d)
that the land may not be suitable for on-site water systems if, in the opinion of the public health inspector, on-site water systems may present a health hazard.
22(5)The determination of a public health inspector under paragraph (4)(a) or (b) shall be recorded on the subdivision plan in accordance with the regulations.
22(6)Before making a determination under paragraph (4)(c) or (d), a public health inspector shall give the person proposing to subdivide the land
(a)
the reason that a determination under paragraph (4)(a) or (b) is not being made, and
(b)
an opportunity to be heard in the matter.
22(7)The determination of a public health inspector under this section is final.
22(8)A determination made by a public health inspector under subsection (4) shall not be construed
(a)
to be an approval of the design, location or plan for the use and maintenance of an on-site sewage disposal system,
(b)
to limit the authority of the public health inspector or a medical officer of health under any other section of this Act, or
(c)
to be a determination that the land is capable of providing an adequate supply of potable water.
22(9)Land shall not be deemed or found to be to be injuriously affected by reason only of a determination made under this section and no compensation shall be payable by reason only of a determination made under this section.