TOWN OF LACOMBE
BYLAW NO. 229
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
A Bylaw of the Town of Lacombe in the Province of Alberta, pursuant to the provisions of the Municipal Government Act, S.A. 1994, c. M-26.1 to provide for the establishment of a Subdivision and Development Appeal Board.
The Municipal Council of the Town of Lacombe in the Province of Alberta duly assembled, enacts as follows:
Title:
1.This Bylaw may be cited as the "Subdivision and Development Appeal Board Bylaw".
Definitions
2.The following words and terms are defined as follows:
a) "Act" means the Municipal Government Act, S.A. 1994, c. M-26.1
b)”Board" means the Subdivision and Development Appeal Board of the Town of Lacombe established pursuant to this Bylaw;
c)“Chief Administrative Officer” means the Chief Administrative Officer of the Town of Lacombe appointed by Council under Bylaw No. 58.
d)"Council" means the Council of the Town of Lacombe;
e)"Development Authority" means the person or persons appointed pursuant to the Subdivision and Development Authority Bylaw No. 228
f)"Land Use Bylaw" means Land Use Bylaw No. 73;
g)"Member" means a member of the Subdivision and Development Appeal Board appointed pursuant to this Bylaw;
h)“Pecuniary Interest” shall have that meaning set out in Division 6 of Part 5 of the Act as applied and adapted in the context of this bylaw
I)“Public Member” means a person who is not a member of Council and who otherwise qualifies as an elector of the Town of Lacombe.
j)"Subdivision Authority" means the Subdivision Authority as established pursuant to Subdivision and Development Authority Bylaw No. 228
k)"Town" means the Town of Lacombe.
Establishment
3.The Subdivision and Development Appeal Board is hereby established.
Membership and Term
4.The Board shall consist of five members with:
a)two members being members of Council and
b)three members being public members
5. A Member of the Board shall not include:
a)a Member of the Municipal Planning Commission;
b)a person who carries out development or subdivision powers on behalf of the Town;
c)an employee of the Town.
6.Each Member of the Board shall be appointed for a term specified by resolution of Council.
7. A person may be reappointed to the Board upon the expiration of that person's term.
8. In the event of a vacancy, Council may appoint a new member to serve for the remainder of the vacating Member's term.
9.If a Member misses three (3) consecutive meetings without the authorization of the Board, the person is disqualified and the position becomes vacant; otherwise, a Member of the Board shall not be discharged without cause.
10.The Chairman and Vice-Chairman of the Board shall be selected by the Board from its membership.
Procedure
11.A quorum for the Board shall consist of a majority of the members, but members of Council may not form the majority of the quorum.
12.In accordance with Part 17 of the Act, the Board may establish committees of the Board, but where it does members of Council may not form the majority of a committee or quorum thereof.
13.The Chairman and Vice-Chairman of a committee shall be appointed by the Board.
14.In the event of absence or inability of the Chairman to preside at a Board meeting, the Vice-Chairman shall preside, and in the event of the absence or inability of both the Chairman and Vice-Chairman to preside at a meeting of the Board, the members present constituting the quorum shall elect one of its members to act as Chairman for that meeting.
15. The Chief Administrative Officer shall designate a person or persons to serve as Secretary to the Board, who shall:
a.not have a vote;
b.provide notice of the hearing in accordance with s. 679 of the Act respecting subdivision appeals and s. 686(3) of the Act respecting development appeals.
c.notify all Members of the Board of the meetings of the Board, including hearings;
d.prepare and maintain a file of written minutes of the business transacted at all meetings, including hearings, of the Board;
e.for each hearing, record and issue a decision of the Board and its findings, with reasons, to all affected parties;
f.be authorized to sign on behalf of the Board any order, decision, approval, notice, or any other ruling made, given or issued by the Board;
g. undertake such other duties as the Board may require in the conduct of its business.
16.Only those Members present at a whole hearing of an appeal shall be able to vote on the appeal.
17.A decision of the Members forming a quorum at a duly convened meeting of the Board or committee thereof shall be deemed to be the decision of the whole Board.
18.In the event of a tie vote, the appeal shall be deemed to be denied.
19.For any procedures not covered in Part 17 of the Act or by bylaw of the Town, the Board may establish such other procedures as may be required for the conduct of hearings.
Functions and Duties
20.Within thirty (30) days of receiving written notice of an appeal that is in accordance with the provisions of the Act, the Board shall hold a public hearing to hear an appeal of:
a.a decision of the Subdivision Authority or Development Authority,
b.a refusal or failure by the Subdivision Authority or Development Authority to make a decision within the time allowed for a decision established in the Act, or
c.a stop work order issued by the Development Authority.
21.The hearings of the Board shall be in public, but the Board may at any time recess and deliberate in private.
22.A request for adjournment of a hearing may be granted at the discretion of the Board, but any adjournment must be to a specific time and date.
23.The Board may adjourn to a specific time and date upon its own volition to continue to receive interventions and presentation or to request technical information, legal opinions or other information desired by the Board.
24.Upon conclusion of a hearing the Board shall deliberate and reach its decision in private.
25.The Chairman or acting chairman:
a. shall be responsible for the conduct or a meeting
b.may limit a submission if it is determined to be repetitious or inappropriate in any manner.
26.If a Member has a pecuniary interest in a matter before the Board, or if a Member is aware of any reason which may lead to a possible bias when hearing the matter, the Member shall:
a)disclose the general nature of the pecuniary interest or likelihood of bias to the Board prior the Board’s consideration of the matter
b) abstain from discussion and disposition on the matter
c)leave the room in which the meeting or hearing is taking place until discussion and disposition of the matter is completed.
27.The abstention of the member and the disclosure of the members interest or bias shall he recorded in the minutes.
28.The Board shall issue its decision in writing, together with reasons for the decision. within fifteen (15) days of the conclusion of a hearing.
29.A decision of the board is not final until notification of the decision is given in writing.
30.Notwithstanding Section 15 f) an order, decision or approval made, given or issued by the Board may be signed by the Chairman or Vice-Chairman.
31.If the Subdivision Authority fails or refuses to endorse a plan of subdivision or other instrument as approved by the Board on appeal, the Chairman or Vice-Chairman of the Board is authorized to endorse the subdivision instrument.
32.Upon the coming into force of this Bylaw, the Members of the Development Appeal Board appointed pursuant to the Development Appeal Board Bylaw No. 75 who meet the conditions of membership set out in Section 5 of this Bylaw, shall continue as Members of the Subdivision and Development Appeal Board until new members are appointed by Council in accordance with the provisions of this Bylaw.
33. The Development Appeal Board Bylaw No. 75 is hereby repealed.