The Community Planning Act allows the creation of different types of planning documents, each with a specific purpose, and some designed for specific types of communities. This section focuses on the different types of documents and plans and their intent.
a) Statements of Provincial Interest (Sections 13– 17)
The Act gives the province the authority to develop Statements of Provincial Interest, which are regulations adopted by the Lieutenant-Governor in Council. These statements identify the Province’s interests and priorities concerning land use planning and development, such as establishing minimum standards for development throughout the province. All regional plans, municipal plans, and rural plans are to be consistent with the statements. The provincial government is bound by statements of provincial interest. Presently, New Brunswick does not have statements of provincial interest.
b) Regional Planning and Development (Sections 18 – 20)
Regional plans are developed by regional service commissions, approved by the Minister of Environment and Local Government, and adopted as regulations by the Lieutenant-Governor in Council. They outline the interests and priorities concerning land use planning and development in the region. They can establish minimum standards for development throughout a region. All municipal plans and rural plans in a region are to be consistent with the regional plan for that region. The provincial government is not bound by regional plans. Presently, there are no regional plans in New Brunswick.
c) Municipal Plan (Sections 21 – 28)
A municipal plan sets out the policies and intent of the local government regarding the land use planning and development of a community. The Community Planning Act gives the local government the authority to create a municipal plan as a municipal by-law. The Act outlines the process the municipality must follow to create and adopt a municipal plan. It requires a municipality to have a municipal plan within five years of the Act coming into force. The Minister of Environment and Local Government will assess and approve the municipal plan.
The Act provides direction on how a municipal plan is to be prepared, and what it can contain. A background study is to be completed before a municipal plan is prepared. This study will look at the economy, finances, resources, population, land use, transportation, municipal facilities, and services and physical aspects of the community.
The municipal plan will contain a series of statements of policy that will focus on how the community is to develop in the future. Unlike rural plans, zoning is not contained in a municipal plan; instead, a separate zoning by-law is created by the municipality.
The municipal plan is created using a public process that includes a public hearing. The Act requires the local government to consult with the public and conduct three readings in Council of the proposed plan before it can be enacted. The municipal plan does not commit the municipality or the Province to undertake any proposal in the plan, but it will not allow any development that is not consistent with the policies and proposals of the municipal plan.
d) Secondary Municipal Plan (Sections 29 – 32)
There are times when a local government may want to create a more specific or detailed plan for a certain part of the community, such as a neighbourhood or an undeveloped part of a municipality. The Act gives a local government the authority to create a secondary plan, to address specific issues that a municipal plan does not already address. In the event of a conflict between a secondary plan and a municipal plan, the municipal plan prevails.
e) Rural Plan for Villages (Sections 33 – 43)
A Rural Plan is a document that sets out the policies and proposals of a village in regards to land use planning and development. It is similar to a municipal plan, but it is less complex, and it contains zoning in the same document.
The Community Planning Act allows villages to create a Rural Plan as a municipal by-law. The Act outlines the process that must be followed, what a plan may contain, and the policies and proposals the plan must include.
The process to adopt a rural plan requires a public hearing, and for council to conduct three readings of the proposed plan before adopting it. The Minister of Environment and Local Government will assess all rural plans and determine whether the local government met the requirements of the Community Planning Act with respect to the content of the plan, and public involvement in the process, as outlined in the Act. A rural plan does not commit the local government or the Province to undertaking any proposal in the plan, but it prevents anything being developed or built that is not consistent with the plan.
f) Secondary Rural Plan for Villages (Sections 36 – 38)
There are times when a local government may want to create a more specific or detailed plan for a particular part of the community, such as a neighbourhood or an undeveloped part of the community. The Act gives a local government the authority to create a secondary plan to address specific issues that are not already addressed in a rural plan. In the event of a conflict between a secondary plan and a policy or proposal of a rural plan, the rural plan prevails.
g) Rural Plan for Rural Communities (Sections 44 – 50)
A Rural Plan for a Rural Community sets out the policies and proposals of a rural community regarding land use planning and development. A rural plan is similar to a municipal plan, but is less complex, and contains zoning in the same document.
The Community Planning Act allows the council of a rural community to create and adopt a Rural Plan as a municipal by-law. The Act outlines the process that must be followed, what a plan must contain, and the policies and proposals that must be included.
The process to adopt a rural plan requires a public hearing, and for council to hold three readings of the proposed plan before it can be adopted. The Minister of the Department of Environment and Local Government will determine whether the rural community followed the correct process as outlined in the Community Planning Act. A rural plan does not commit the rural community or the Province to undertaking any proposal in the plan, but it prevents anything being developed or built that is not consistent with the plan.
h) Secondary Plan for Rural Plan for Rural Communities (Sections 46 - 47)
There are times when a rural community may want to create a more specific or detailed plan for a particular part of the rural community, such as a neighbourhood or an undeveloped part of the community. The Act gives a rural community the authority to create a secondary plan, to address specific issues not already addressed by a rural plan. In the event of a conflict between a secondary plan and a policy or proposal of a rural plan, the rural plan prevails.
i) Rural Plan for Local Service Districts (Sections 51 – 52)
A Rural Plan for a local service district sets out the policies and proposals of a community regarding land use planning and development. It is similar to a municipal plan, but is less complex and contains zoning provisions in the same document.
As a local service district is an unincorporated area, the process of adopting a rural plan is different from that of a local government. The Minister of the Department of Environment and Local Government has the sole authority for adopting a rural plan. The Act outlines the process that must be followed, what a plan must contain, and the policies and proposals that must be included. The process to adopt a rural plan requires a public hearing. The Minister of the Department of Environment and Local Government will determine whether the rural plan has the requirements to be adopted as a regulation.