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Acts and Regulations
2023-52
- Inclusionary Zoning
Table of contents
Enabling Act
1
Regulation number
Title
2017, c.19
Community Planning Act
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
1
This Regulation may be cited as the
Inclusionary Zoning Regulation
–
Community Planning Act
.
Definition of “Act”
2
In this Regulation, “Act” means the
Community Planning Act
.
Requirements to be met
3
To 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
4
The 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
5
The 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
6
This Regulation comes into force on October 1, 2023.
N.B.
This Regulation is consolidated to September 21, 2023.
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