BY-LAW 09-1B
Established under the COMMUNITY PLANNING ACT
Modifying the by-law adopting the Beaubassin-est Rural Community Rural Plan.
Under the authority of section 77.2 of the Community Planning Act, the Beaubassin-est Rural
Community Council, duly convened, adopts what follows:
The by-law 09-1 called "By-Law enacting the Beaubassin-est Rural Community Rural Plan" is
modified by:
1. Adding the following text under SECTION 7 – PROTECTION ZONE:
7.2 (1) In this by-law,
“sustainable development” means a measure intended for 100 years;
“height” means the vertical distance between the finished general ground level and the
highest point of the roof surface and/or in a SLR zone, “height” means the vertical distance
between the minimal elevation level, 4.3m (CGVD28), to the highest point on the roof
surface;
“habitable part” means the part of a building that generally has washroom facilities and
facilities to prepare and eat meals, including a living room and bedrooms;
“precautionary principle” means the precautionary principle of international law that is
defined as such in subsection 7 in the Bergen Ministerial Declaration on Sustainable
Development (1990):
“In order to achieve sustainable development, policies must be based on the precautionary
principle. Environmental measures must anticipate, prevent and attack the causes of
environmental degradation. Where there are threats of serious or irreversible damage, lack
of full scientific certainty should not be used as a reason for postponing measures to prevent
environmental degradation.”;
“SLR zone” means a sea-level rise risk-zone – as shown on the zoning map in Appendix B-1
of this by-law.
7.2 (2) This by-law focuses on:
a)
the promotion of a sustainable development based on the precautionary principle;
b)
the anticipation, prevention and fighting against the deterioration of the coastal
environment;
Please note that the French version of this document takes precedence over the English version.
c)
the prevention of serious and irreversible damages to the environment as well as to the
citizen and his property;
d)
allowing only developments that demonstrate an adaptation to the effects of the rise of
sea levels and storm surges in flood-risk zones;
e)
establishing minimal requirements for the prevention of the deterioration of the
environment.
7.2 (3)
For the application of this by-law, the rural community is divided in the zones
indicated in the Zoning Map shown in Appendix B-1 of this by-law. Subject to
subsection 7.2 (4), the land, building or development can only be affected by one or
many main uses permitted according to the Zoning Map shown in Appendix B-1 of
this by-law.
7.2 (4)
No main building may be erected, constructed or modified in a SLR zone unless it
meets the following minimal requirements:
a)
In the case of a new building:
i.
the minimal elevation of the habitable part must be of 4.3m (CGVD28), and
ii.
any permit request must be accompanied by:
a. a plan demonstrating the elevation of the habitable part of the building,
and ;
b. a drainage plan – if the adaptation method includes more than one
meter of land filling for properties of less than one acre.
b)
In the case of an existing building, the building may only be expanded if it does not
reduce the existing elevation of the building.
7.2 (5)
Subsection 7.2 (4) does not apply to accessory structures, marine uses, open space
uses or temporary uses permitted under this by-law.
FIRST READING BY TITLES:
February 21, 2011
Date
SECOND READING IN ITS ENTIRETY:
March 21, 2011
Date
THIRD READING AND ENACTMENT:
March 21, 2011
Date
______________________________
Mr. Laurie McGRAW, Deputy-Mayor
_______________________________________
Ms. Christine LeBLANC, Clerk-Treasurer
Please note that the French version of this document takes precedence over the English version.