Acts and Regulations

78-16 - Supplementary Subdivision Regulation for the Greater Moncton Planning District

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Revoked on 1 January 2013
NEW BRUNSWICK
REGULATION 78-16
under the
Community Planning Act
(O.C. 78-145)
Filed February 22, 1978
Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2012, c.44, s.5
Title
Repealed: 2012, c.44, s.5
2012, c.44, s.5
1This Regulation may be cited as the Supplementary Subdivision Regulation for the Greater Moncton Planning District.
Application
Repealed: 2012, c.44, s.5
2012, c.44, s.5
2This Regulation applies, within those portions of the Counties of Albert and Westmorland comprising the unincorporated area of the Greater Moncton Planning District, to any subdivision of land in which a water or sanitary sewer system or both is proposed and, in respect of which, the subdivision plan therefor is affected by paragraph 55(2)(b) of the Community Planning Act.
Land for Public Purposes
Repealed: 2012, c.44, s.5
2012, c.44, s.5
3(1)Subject to this section, as a condition of approval of a subdivision plan mentioned in paragraph 2(b), land in the amount of six per cent of the area of the proposed subdivision exclusive of land to be vested as public streets on the filing of the plan in the registry office, at such location as may be approved by the Planning Committee, is to be set aside as land for public purposes and so indicated on the plan.
3(2)Where the Planning Committee has approved the location of land for public purposes set out on a subdivision plan under this section, the Minister may
(a) approve and sign the plan; or
(b) require, in lieu of such plan, a sum of money paid to him in the amount of six per cent of the market value of the land in the proposed subdivision at the time of submission for approval of the plan, exclusive of the land to be vested as public streets.
3(3)A subdivision plan that provides for the setting aside of land for public purposes under this section
(a) shall not be approved and signed by the Minister until the location of the land for public purposes has been approved by the Planning Committee; and
(b) shall not be approved by the development officer until it has been approved and signed by the Minister.
3(4)If land is set aside under subsection (1) or the provisions of paragraph (2)(b) are satisfied, no further setting aside of land for public purposes or payment of additional sums as may be required as a condition of approval of any subdividing of the land in respect of which the land is set aside or sum paid.
Vesting in the Crown
Repealed: 2012, c.44, s.5
2012, c.44, s.5
4When a subdivision plan has been approved and signed by the Minister, approved by the development officer, and, with respect to a plan of land in an integrated survey area, approved by the Director of Surveys, the land indicated on the plan as being lands for public purposes vests in the Crown as such on the filing of the plan in the registry office.
78-62
Effective Date
Repealed: 2012, c.44, s.5
2012, c.44, s.5
5This Regulation comes into force on April 1, 1978.
N.B. This Regulation is consolidated to January 1, 2013.