154-23 Subdivision and Development Appeal Board Bylaw — full text

This is the exact embedded text of the captured official document. Snapshot e67bb0df16f7 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

A BYLAW OF THE SUMMER VILLAGE OF BIRCH COVE, IN THE PROVINCE OF ALBERTA TO ESTABLISH A SUBDIVISION AND DEVELOPMENT APPEAL BOARD. WHEREAS the Municipal Government Act section 627 provides that a council must establish a subdivision and development appeal board; AND WHEREAS the Municipal Government Act section 628 details what must be included in any bylaw or agreement providing for the establishment and function of a subdivision and development appeal board and its administrative components; AND WHEREAS Council wishes to exercise its authority pursuant to the Municipal Government Act by entering into an agreement to procure subdivision and development appeal board services, NOW THEREFORE the Municipal Council of the Summer Village of Birch Cove, in the Province of Alberta, duly assembled, hereby enacts as follows: TITLE This Bylaw may be cited as the "Subdivision and Development Appeal Board Bylaw". ESTABLISHMENT That a board known as the Subdivision and Development Appeal Board (SDAB) of the Summer Village of Birch Cove, hereinafter called the "Board" is hereby established; The Summer Village of Birch Cove shall appoint a minimum of three (3) members to the Board by resolution of Council; No person who is a Development Officer or a member of a Municipal Planning Commission shall be appointed to act as a member of the Board; Each Board Member and the Clerk of the SDAB shall be appointed for a term not to exceed three (3) years and may be re-appointed upon the expiry of its members; more than one clerk may be appointed; Any vacancy caused by the death, retirement or resignation of a member shall be filled by resolution of Council; and A member shall not be disbanded or discharged without cause. There must be three (3) members of the Board to constitute a quorum for the making of all decisions and for doing any action required or permitted to be done by the Board. A decision of the Board shall be made only by those members present at a meeting duly convened. The decision of the majority of the members present at a meeting duly convened shall be deemed to be the decision of the Board. The Board shall hold such meetings as are necessary to fulfill the Board's responsibility. Hearings on appeals filed will be held at a location established by the Clerk. The Summer Village of Birch Cove will compensate the board members and clerk. The Clerk shall prepare and maintain a record of written minutes of the business transacted at all meetings of the Board, copies of which shall be regularly filed with the Council of the Summer Village of Birch Cove. On or before January 1st each year the municipality must submit an annual report to the province containing information on the number of SDAB clerks and members they have appointed, and those who have completed and enrolled in the required SDAB training. A member of any SDAB must not participate in a hearing unless the member has successfully completed a training program. SDAB members must take a refresher course every three (3) years to stay current on appeal matters (such as changes in law, planning and/or administration). Council must appoint one or more clerks. Clerks of an SDAB must be appointed as a designated officer, and they are not eligible for appointment if the training requirements are not successfully met. Board members and clerks are required to undergo mandatory training based on a standard training program to be approved by the Minister of Municipal Affairs. All SDAB members and clerks must successfully complete the SDAB training as approved by the Minister by April 1, 2019. The SDAB Clerk administers and oversees the scheduling and recording of SDAB hearings. The training requirements and qualifications for SDAB clerks differ from the training requirements for SDAB members based on their different roles. SDAB clerks must take a refresher on the SDAB training every three (3) years to stay current with the roles and responsibilities of the position. The rates for remuneration, traveling and other expenses of the Board Member and Clerk shall be the rates agreed to in the corresponding service agreement, as negoatied from time to time. The Board shall elect a Chairman from the Board members in attendance at any required meeting. The election of Chairman shall occur at the beginning of each meeting. FUNCTION AND OPERATION The Board shall hear appeals where a Development Authority or Subdivision Authority or Development Officer or Council: refuses or fails to issue a development permit to a person within 40 days of receipt of the application; issues a development permit subject to conditions; issues an order under section 645 of the Municipal Government Act; or issues a decision on a subdivision application. The Board shall hear appeals from any other person affected by an order, decisions on subdivision and development applications of a Development or Subdivision Authority or development permit of a Development Officer. The Board Secretary or a duly appointed officer of the Summer Village of Birch Cove shall give at least five (5) working days notice in writing of the public hearing to: a) the appellant; b)the Development or Subdivision Authority from whose order, decision or development permit the appeal is made; and c)those owners required to be notified under the Land Use Bylaw and any other person that the Board Secretary or a duly appointed officer of the Summer Village of Birch Cove considers to be affected by the appeal and should be notified. In determining an appeal, the Board: shall comply with any regional plan, statutory plan, and subject to clause (c), any land use bylaw or land use regulations in effect and must have regard to but is not bound by the subdivision and development regulations; may confirm, revoke or vary the order, decision or development permit or any condition attached to any of them or make or substitute an order, decision of its own; and notwithstanding the development permit, that the proposed development does not comply with the land use bylaw or land use regulations if, in its opinion: the proposed development would not: unduly interfere with the amenities of the neighborhood; or materially interfere with or affect the use, enjoyment or value of neighboring properties; and the proposed development or subdivision does not conflict with the use prescribed for that land or building in the Land Use Bylaw or Land Use regulations, as the case may be. The Board shall give its decision in writing together with reasons for the decision within fifteen (15) working days of the conclusion of the hearing. GENERAL Each provision of this Bylaw is independent of all other provisions. If any provision of the Bylaw is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. This Bylaw rescinds any previous bylaw referencing the establishment of a subdivision and development appeal board in and for the Summer Village of Birch Cove, and shall come into full force when it receives THIRD and FINAL reading and is duly signed. COMING INTO FORCE This Bylaw shall come into effect upon the third and final reading and signing of this Bylaw READ a first time this 19th day of October, 2023. READ a second time this 19th day of October, 2023. UNANIMOUS CONSENT to proceed to third reading this 19th day of October, 2023. READ a third and final time this 19th day of October, 2023. SIGNED this 19th day of October, 2023. ________________________________________ Mayor, Steven Tymafichuk ________________________________________ Chief Administrative Officer, Wendy Wildman