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Town of Coaldale
Subdivision & Development Appeal Board Bylaw 795-P-12-20
December 14, 2020
BYLAW 795-P-12-20
TOWN OF COALDALE
PROVINCE OF ALBERTA
BEING A BYLAW OF THE TOWN OF COALDALE
TO ESTABLISH A SUBDIVISION AND DEVELOPMENT APPEAL BOARD
WHEREAS the Municipal Government Act (MGA}, Revised Statutes of Alberta 2000,
Chapter M - 26 as amended from time to time requires the municipality to adopt a bylaw
to establish a Municipal Subdivision and Development Appeal Board or a intermunicipal
Subdivision and Development Appeal Board;
AND WHEREAS the Council of the Town of Coaldale wishes to establish a Town of
Coaldale Subdivision and Development Appeal Board;
AND WHEREAS the Subdivision and Development Appeal Board is authorized to
render decisions on appeals resulting from decisions of a Subdivision Authority or a
Development Authority in accordance with the South Saskatchewan Regional Plan
{SSRP), the Municipal Government Act {MGA}, the Subdivision and Development
Regulation, the local Land Use Bylaw and statutory plans;
NOW THEREFORE, the Council of the Town of Coaldale in the Province of Alberta
duly assembled, enacts as follows:
1.
TITLE
This Bylaw may be cited as the Subdivision and Development Appeal Board Bylaw.
2.
AUTHORIZATION
Pursuant to section 627(1)(a) of the MGA, this bylaw hereby authorizes the
municipality to form a Subdivision and Development Appeal Board.
3.
DEFINITIONS
Appellant means the person who may file an appeal to the Board from
decisions of a Subdivision Authority or a Development Authority in accordance
with the MGA.
Board means the Subdivision and Development Appeal Board established
pursuant to this bylaw.
Board Member means an appointed member of the Subdivision and
Development Appeal Board appointed in accordance with this bylaw and who
has obtained provincial training and certification.
Chair means the person elected from the Board panel members sitting to hear an
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Town of Coaldale
Subdivision & Development Appeal Board Bylaw 795-P-12-20
December 14, 2020
appeal to act as the person who presides over the hearing and the procedures.
Chief Administrative Officer (CAO) means the individual appointed to the
position for the municipality in accordance with the MGA.
Clerk means the person or persons who has completed training and is certified
by the province and authorized to act as the administrative clerk for the
Subdivision and Development Appeal Board by the municipality.
Conflict of Interest means both Common Law Bias and Pecuniary Interest.
Council means the Council of the (Municipality).
Development Authority has the same meaning as in the MGA.
Hearing means a public meeting convened before the Board acting as a quasi-
judicial body to hear evidence and determine the facts relating to an appeal of
decisions of a Subdivision Authority or a Development Authority, prior to the
Board making a decision on the matter subject to the appeal.
Municipality means the municipal corporation of the Town of Coaldale together
with its jurisdictional boundaries, as the context requires.
Procedural guidelines mean the policies, processes and administrative matters
applicable to the filing of an appeal and conducting a hearing, and the roles,
duties and conduct of Board members and Clerks.
Subdivision Authority has the same meaning as in the MGA.
Subdivision and Development Appeal Board has the same meaning as in
the MGA. Quorum means the minimum number of Board panel members
required to hear an appeal. Municipal Government Act {MGA} means the
Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26,
as amended from time to time.
All other terms used in this Bylaw shall have the meaning as is assigned to
them in the Municipal Government Act, as amended from time to time.
4.
APPOINTMENT OF THE BOARD
(1) The Board is comprised of the member representative(s) as appointed by
the Town of Coaldale Council.
(2) For each Board Member appointed as a representative(s) to the Subdivision
and Development Appeal Board, the appointment shall be made by
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Town of Coaldale
Subdivision & Development Appeal Board Bylaw 795-P-12-20
December 14, 2020
resolution of Council. Appointed Board Members shall consist of no more
than two (2) members of Town Council, and no more than four (4) members
of the community-at-large.
(3) Appointments to the Subdivision and Development Appeal Board shall be
made for a term of not more than three years. Reappointments must
coincide with the successful completion of the mandatory provincial refresher
training course to be taken every three (3) years.
(4) Board Members may be appointed for a term of between one (1) and three
(3) years, at the discretion of the municipality.
(5) A Board Member may resign from Subdivision and Development Appeal
Board at any time by providing written notice to the municipality to that effect.
a) Where Council has appointed a Board Member representative(s) for the
municipality, Council may remove its individual appointed Board
Member representative(s) at any time if: in the opinion of Council, a
Board Member is not performing his/her duties in accordance with the
MGA, this Bylaw or the rules of natural justice, or
b) a Board Member has participated in a matter in which that Board
Member has a Conflict of Interest, contrary to the provisions of this
Bylaw.
5.
COMPOSITION
(1) The Subdivision and Development Appeal Board, when meeting to hear an
appeal, shall normally be composed of not less than three (3) persons, with
no more than one (1) being an elected official.
(2) Three (3) Board Members constitute a quorum of the Board.
(3) If a vacancy of an appointed Board member representative shall occur at
any time, the municipality may appoint another person to fill the vacancy by
resolution of Council.
(4) Board Members of the Subdivision and Development Appeal Board shall
not be members of the municipality's Subdivision Authority or Development
Authority or municipal employees of the municipality.
(7) A person appointed as a Board Member in accordance with this Bylaw must
successfully complete and maintain the mandatory provincial training and
certification prior to sitting to hear an appeal.
6.
DUTIES OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD
(1) The Subdivision and Development Appeal Board shall hold hearings as
I
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Town of Coaldale
Subdivision & Development Appeal Board Bylaw 795-P-12-20
December 14, 2020
required pursuant to the Municipal Government Act on a date to be
determined by the Board.
(2) The Board, and those Members who sit to hear an appeal, shall govern its
actions and hearings in respect of the processes and procedures as outlined in
the Procedural Guidelines.
(3) A Board Member may only participate in an appeal hearing if they have
successfully completed the mandatory provincial training prior to the appeal
hearing date.
(4) The Board may, at its discretion, agree to adjournments in respect of the
processes and procedures as outlined in the Procedural Guidelines.
(S) The Board, when hearing an appeal shall appoint a Chair to preside over the
proceedings prior to the commencement of the hearing.
(6) An order, decision or approval made, given or issued by the Board and under
the signature of the Chair, or a Board Member acting as a designate, is the
decision of the Board.
(7) The Board Members shall conduct themselves in a professional, impartial
and ethical manner and apply the principles of administrative justice and
judicial fairness.
(8) The Board Members shall consider and act in respect of the Subdivision and
Development Appeal Board Procedural Guidelines.
(9) The Board does not have the jurisdiction or authority to award pecuniary or
monetary awards or costs to any persons, entity or organization involved in
an appeal.
7.
APPEAL FILING
(1) An appeal shall be filed in writing by an appellant, in accordance and in the
manner prescribed in the MGA, to the municipality and include the payment
of the applicable municipal appeal fee.
(2) If there is a question about the validity of an appeal being filed, the Board
must convene the appeal hearing in accordance with the MGA to establish
jurisdiction and then it may decide on the matter of validity. It shall be the
responsibility of the Board to make the determination of whether the appeal
is valid.
(3) In the event an appeal is abandoned or withdrawn in writing by the appellant,
the Board shall not be obliged to hold the appeal hearing referred to in the
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Town of Coaldale
Subdivision & Development Appeal Board Bylaw 795-P-12-20
December 14, 2020
MGA unless another notice of appeal has been served upon the Board in
accordance with the MGA.
8.
CLERK RESPONSIBILITIES AND DUTIES
(1) Council shall by resolution appoint a Clerk as a designated officer, or sub-
delegate to the CAO the authority to appoint a Clerk or Clerks, for the specific
purposes of providing administrative assistance to the Board in fulfilling its
legislative duties.
(2) The appointed Clerk shall attend all meetings and hearings of the
Subdivision and Development Appeal Board held in the municipality, but
shall not vote on any matter before the Board.
(3) A person appointed as a Clerk to assist the Subdivision and Development
Appeal Board in accordance with this bylaw must have successfully completed
the mandatory provincial training prior to assisting the Board in its legislative
duties.
(4) The Clerk, acting for the Board, shall accept on behalf of the Board appeals
which have been filed with the municipality in relation to a decision of the
Subdivision Authority or the Development Authority.
(5) The Clerk of the Board shall keep records of appeals and proceedings for
the municipality in which the appeal has been filed, as outlined in the
Procedural Guidelines.
9.
ADMINISTRATIVE
(1) Singular and Masculine-Words importing the singular number shall
include the plural number and vice versa and words importing one gender
only in this Bylaw shall include all genders and words importing parties or
persons in this Bylaw shall include individuals, partnerships, corporations,
and other entities, legal or otherwise.
(2) Severability - Every provision of this Bylaw is independent of all other
provisions and if any provision of this Bylaw is declared invalid for any
reason by a court of competent jurisdiction, all other provisions of this Bylaw
shall remain valid and enforceable.
10. ENACTMENT
(1) This bylaw shall come into effect upon THIRD and FINAL reading
thereof.
(2) This Bylaw rescinds Bylaw 753-P-03-19, being the former Chinook
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Town of Coaldale
Subdivision & Development Appeal Board Bylaw 795-P-12-20
December 14, 2020
Intermunicipal Subdivision and Development Appeal Board Bylaw, and
any amendments thereto.
READ a FIRST time this 14th day of December, 2020, for Subdivision and Development
Appeal Board Bylaw 795-P-12-20.
___________________________
___________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion # 434-2020
READ a SECOND time this 14th day of December, 2020, for Subdivision and
Development Appeal Board Bylaw 795-P-12-20.
___________________________
___________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion # 435-2020
UNANIMOUS CONSENT to have all three readings this 14th day of December, 2020, for
Subdivision and Development Appeal Board Bylaw 795-P-12-20.
____________________________
__________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion # 436-2020
READ a THIRD and FINAL time this 14th day of December, 2020, for Subdivision and
Development Appeal Board Bylaw 795-P-12-20.
____________________________
__________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion # 437-2020