HomeMy Public PortalAbout131-19 AMEND RURAL PLAN BY-LAW 125-14 (WARD 2)CLERK
VILLAGE OF SUSSEX CORNER
BY-LAW # 131-19
A BY-LAW TO AMEND THE VILLAGE OF SUSSEX CORNER
RURAL PLAN BY-LAW # 125-14
Pursuant to Section 111 of the Community Planning Act, the Council of the Village of
Sussex Corner enacts the following amendments to the Rural Plan By-law # 125-14
Scheduled A of the Village of Sussex Corner Rural Plan By-law #125-14 is
hereby amended by rezoning lands having property identifier #30290886
from Rural Area — "RA" Zone to Residential 2 — "R2" Zone as per schedule B
attached herewith, subject to terms and conditions as contained within attached
schedule B-1.
ENACTMENT
READ A FIRST TIME 2019 02 19
READ A SECOND TIME 2019 02 19
READ A THIRD TIME AND ENACTED 2019 03 19
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Schedule B
By -Law No. 131-19
Amending By -Law No. 125-14
Village of Sussex Corner
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Legend
Land to be Rezoned from
Rural Area — "RA" Zone to
Residential 2 — "R-2" Zone
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I, Robby Obermeier, Clerk of the Village of Sussex Corner, in the County of Kings and the
Province of New Brunswick, do solemnly declare
1. THAT I am the Clerk of the Village of Sussex Corner, a municipal corporation, and that I
am personally acquainted with the facts herein declared;
2. THAT the provisions of Sections 110 and 111 of the Community Planning Act have been
complied with in respect of By-law No. 131-19, enacted by the Village Council of the
Village of Sussex Corner on Tuesday, March 19, 2019
Signed: 1 01.49-, Or ? ./LW :.J Dated:
Robby Obermeier
Clerk, Village of Sussex Corner
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SCHEDULE B-1 — AGREEMENT TO TERMS AND CONDITIONS FOR THE
RE -ZONING OF LANDS AS PER THE COMMUNITY PLANNING ACT
THIS AGREEMENT is for proposed operations upon those lands having parcel
identifiers 30290886, located within Village of Sussex Corner of the county of Kings, and
further described as shown on attached Schedule "B" of Village of Sussex Corner Corner
By-law # 131-19.
THE LANDS referred to in this Agreement are those as described in the preceding
statement.
THE OPERATOR referred to in this Agreement is Ralph Cunningham and Judy
Cunningham, owner of the Lands.
AND THE VILLAGE, referred to in this Agreement, is the Village of Sussex Corner
WHEREAS THE OPERATOR proposes to accommodate a single-family dwelling has,
in conjunction therewith, applied to the Village to have the Lands re -zoned from Rural
Area - "RA" to Residential 2 — "R-2" under the Village of Sussex Corner Rural Plan
Regulation — Comm unity Planning Act, so as to permit such use;
AND WHEREAS the Village will further consider the Owner's application, subject to the
terms and conditions herein specified and to the expression of concerns of the local
community at a public meeting called for the purpose of considering such re -zoning;
AND WHEREAS, pursuant to paragraph 59(1)(b) of the Community Planning Act, the
Village has obtained the proposal of the Operator and now wishes to obtain the agreement
of the Operator to the herein terms and conditions;
NOW THEREFORE this Agreement witnesses that in consideration of the premises, the
re -zoning of the Lands, and the herein terms and conditions to be complied with, the
Operator agrees as follows:
1) that a backflow prevention valve device be installed to provide protection against
the backflow of sewage into the home as a result of flooding;
2) that all electrical and mechanical systems of any proposed construction be located
above grade;
3) that any building structure shall be place on slab; and
4) that recommendations as indicated by Dillon Consulting regarding the disposal of
sewage be implemented prior to the approval of a building permit.
IN THE EVENT of any breach of these terms and conditions, or of any amendments made
to them, or of the applicable provisions of the Village of Sussex Corner Rural Plan
Regulation — Community Planning Act or of any amendments made to them, by Ralph and
Judy Cunningham, his and her heirs, assigns or successors, or any other owner or operator
on the Lands, the said Ralph and Judy Cunningham, his and her heirs, assigns or
successors, or any other owner or operator on the Lands may lose the right to use the said
lands as herein identified and the authorized use of the Lands may revert to those of the
previous zone, namely, Rural Area - "RA" of the Village of Sussex Corner Rural Plan
Regulation — Community Planning Act.
THIS AGREEMENT made this day of % , 2019.
SIGNED by and in the presence of
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Judy Cunnin;
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Witness