Prerequisites for a development approval and a building permit
2021-11; 2021, c 44, s.3
2(1)For the purposes of paragraph 108(1)(f) of the
Community Planning Act, before granting an approval for a development under subsection 108(0.1) of that Act, a development officer shall ensure that the development complies with the requirements of
(a)
the
General Regulation –
Emergency 911 Act,
(b)
the
Provincial Setback Regulation, New Brunswick Regulation 84-292 under the
Community Planning Act, chapter C-12 of the Revised Statutes, 1973,
(c)
the
Public Health Act, and
2(2)An applicant shall provide the development officer with the following information or documents as proof of the development’s compliance with the requirements of subsection (1):Â
(a)
the civic address of the land, building or other structure assigned by the local government or the Minister of Public Safety under the
General Regulation –
Emergency 911 Act to the development or a copy of a request to obtain the civic address made to the local government or the Minister of Public Safety;
(b)
if the applicant is requesting a development that is less than 30 m from a boundary of a highway or a village street referred to in the
Provincial Setback Regulation, New Brunswick Regulation 84-292 under the
Community Planning Act, chapter C-12 of the Revised Statutes, 1973, a copy of a certificate of setback issued to the applicant under subsection 6(5) of that Regulation;
(c)
subject to subsection 3(1), if the development includes or will include an on-site sewage disposal system as that term is defined in the
Public Health Act,
(i)
a copy of the approval given by the Minister of Health under section 24 of the
Public Health Act, or
(ii)
a written acknowledgment from the Minister of Health indicating that the approval referred to in subparagraph (i) is not required to undertake the development;
(d)
if the applicant is requesting a development that is within an area that is designated as a protected area under section 14 of the
Clean Water Act,
(i)
with respect to an area referred to in the
Wellfield Protected Area Designation Order –
Clean Water Act,
(A)
a copy of an exemption granted by the Minister of Environment and Climate Change under section 14.1 of the
Clean Water Act with respect to the development, or
(B)
a written acknowledgement from the Minister of Environment and Climate Change indicating that the exemption referred to in clause A is not required to undertake the development;
(ii)
with respect to an area referred to in the
Watershed Protected Area Designation Order –
Clean Water Act,
(A)
a copy of the exemption granted by the Minister of Environment and Climate Change under section 14.1 of the
Clean Water Act with respect to the development, or
(B)
a written acknowledgement from the Minister of Environment and Climate Change indicating that undertaking the development does not require the exemption referred to in clause A for the development,
(e)
subject to subsection 3(2), if the applicant is requesting a development that is within 30 m of a wetland or the bank of a watercourse, as those terms are used under the
Clean Water Act,
(i)
a copy of a permit issued by the Minister of Environment and Climate Change under paragraph 15(1)(b) of the
Clean Water Act with respect to the development,
(ii)
a copy of a waiver issued by the Minister of Environment and Climate Change under subsection 3(2) of the
Watercourse and Wetland Alteration Regulation –
Clean Water Act, or
(iii)
a written acknowledgement from the Minister of Environment and Climate Change indicating that the applicant is exempt under subsection 3(1), (1.1) or (3) of the
Watercourse and Wetland Alteration Regulation –
Clean Water Act from the requirement to obtain the permit referred to in subparagraph (i).
2020, c.25, s.30; 2021-11; 2021, c.44, s.3; 2022, c.28, s.7