Intermunicipal Subdivision and Development Appeal Board Bylaw #17.21 — full text

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TOWN OF DRUMHELLER PALLISER INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW 17.21 Repeal Bylaw 15.18 A BYLAW OF THE TOWN OF DRUMHELLER IN THE PROVINCE OF ALBERTA TO ESTABLISH AN INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD; AND WHEREAS, the Municipal Government Act, 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 an Intermunicipal Subdivision and Development Appeal Board; AND WHEREAS, the Council of the Town of Drumheller wishes to join other area municipalities to establish the Palliser Intermunicipal Subdivision and Development Appeal Board; AND WHEREAS, the Palliser Intermunicipal 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 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 Drumheller in the Province of Alberta duly assembled, enacts as follows: 1. TITLE This Bylaw may be cited as the Palliser Intermunicipal Subdivision and Development Appeal Board Bylaw. 2. AUTHORIZATION Pursuant to section 627(1)(b) of the MGA, this bylaw hereby authorizes the municipality to enter an agreement with the other participating municipalities to establish the Palliser Intermunicipal 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 Palliser Intermunicipal Subdivision and Development Appeal Board established pursuant to this bylaw. Town of Drumheller Bylaw 17.21 Page 2 of 6 Board Member means an appointed member of the Palliser Intermunicipal Subdivision and Development Appeal Board appointed in accordance with this bylaw and who has obtained provincial training and certification. Board Panel means the group of appointed Board Members actively sitting to hear and decide on an appeal at an appeal hearing. Chair means the person elected from the Board panel members sitting to hear an 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 Intermunicipal Subdivision and Development Appeal Board. 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 Drumheller together with its jurisdictional boundaries, as the context requires. Panel Member means an individual Board member participating in the group panel to hear an appeal. Participating municipality means a municipality in the Province of Alberta who has entered into an agreement with other municipalities, as referred to in Section 2 of this bylaw, to establish the Palliser Intermunicipal Subdivision and Development Appeal Board. Procedural guidelines means 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. Palliser Intermunicipal Subdivision and Development Appeal Board means the Board established by agreement to act as the Subdivision and Development Appeal Board. Town of Drumheller Bylaw 17.21 Page 3 of 6 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 participating municipalities. (2) A municipality may participate in the Palliser Intermunicipal Subdivision and Development Appeal Board without appointing individual representative(s) by utilizing the appointed Board Members of the other participating member municipalities to act on the municipality's behalf as its appeal body. (3) For each member municipality appointing individual Board Member representative(s) to the Palliser Intermunicipal Subdivision and Development Appeal Board, the appointment shall be made by resolution of Council. Appointed Board Members from a municipality shall consist of no more than three (3) members, with no more than one (1) being an elected official and the other two (2) being non-elected officials who are persons at large. (4) For those member municipalities appointing individual representative(s) to the Board, the remaining composition of the Board Panel Members shall be the appointed members from the other municipalities of the Palliser Intermunicipal Subdivision and Development Appeal Board. (5) Appointments to the Palliser Intermunicipal 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. (6) Board Members may be appointed for a two (2) or three (3) year term, at the discretion of the municipality, for the purpose of establishing a staggered expiration of terms amongst the Board Members. (7) A Board Member may resign from the Palliser Intermunicipal Subdivision and Development Appeal Board at any time by providing written notice to the municipality to that effect. (8) 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: a) 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, b) a Board Member is absent for more than three (3) consecutive hearings to which he/she has been assigned to sit on the Board Panel without reasonable cause, or c) 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. Town of Drumheller Bylaw 17.21 Page 4 of 6 5. COMPOSITION (1) The Board Members of the Palliser Intermunicipal Subdivision and Development Appeal Board shall meet in Panels, and two (2) or more Panels may meet simultaneously. The Panels have all the powers, duties and responsibilities of the Subdivision and Development Appeal Board. (2) For the purpose of this Bylaw, the Board Panel formed from the appointed members of the Palliser Intermunicipal Subdivision and Development Appeal Board 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. (3) Three (3) Board Members constitute a quorum of the Board Panel. (4) If a vacancy of an appointed Board member representative from a municipality shall occur at any time, the municipality may appoint another person to fill the vacancy by resolution of Council. (5) In the absence of the municipal appointed member representative(s) of the municipality in which the appeal originates being available to sit on a Panel, then the appointed Panel Member representative(s) from the other municipalities of the Palliser Intermunicipal Subdivision and Development Appeal Board shall form the composition of the Board Panel to hear and decide on a matter of appeal on behalf of the municipality. (6) Board Panel Members of the Palliser Intermunicipal Subdivision and Development Appeal Board shall not be members of a Municipal Subdivision Authority or Development Authority or municipal employees of the municipality in which the appeal is located. (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 on a Panel to hear an appeal. 6. COSTS AND REMUNERATION (1) Board Members may be entitled to reasonable remuneration for time and expenses relating to participating on a Board Panel. (2) Costs related to appeal hearings and the remuneration to Board Members shall be provided as specified in the intermunicipal agreement of the participating members of the Palliser Intermunicipal Subdivision and Development Appeal Board. 7. DUTIES OF THE INTERMUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD (1) The Palliser Intermunicipal Subdivision and Development Appeal Board shall hold hearings as required pursuant to the Municipal Government Act on a date to be determined by the Board. (2) The Board, and those Members who sit as a Board Panel hearing an appeal, shall govern its actions and hearings in respect of the processes and procedures as outlined in the Procedural Guidelines. Town of Drumheller Bylaw 17.21 Page 5 of 6 (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 Panel may, at its discretion, agree to adjournments in respect of the processes and procedures as outlined in the Procedural Guidelines. (5) A Board Panel 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 Panel 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 Palliser Intermunicipal 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. 8. 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 Panel 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 Panel 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 Panel shall not be obliged to hold the appeal hearing referred to in the MGA unless another notice of appeal has been served upon the Board in accordance with the MGA. 9. CLERK RESPONSIBILITIES AND DUTIES (1) The Coordinator shall appoint a Clerk for the specific purposes of providing administrative assistance to the Board in fulfilling its legislative duties. (2) The appointed Clerk shall attend meetings and hearings of the Palliser Intermunicipal Subdivision and Development Appeal Board but shall not vote on any matter before the Board. (3) A person appointed as a Clerk to assist the Palliser Intermunicipal 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. Town of Drumheller Bylaw 17.21 Page 6 of 6 (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, and the coordinator in which the appeal has been filed, as outlined in the Procedural Guidelines. 10. 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. 11. ENACTMENT (1) This bylaw shall come into effect upon third and final reading thereof. (2) This Bylaw repeals Town of Drumheller Bylaw 15.18 being the former municipal Subdivision and Development Appeal Board Bylaw, and any amendments thereto. READ A FIRST TIME THIS 9TH DAY OF AUGUST, 2021. READ A SECOND TIME THIS 7th DAY OF SEPTEMBER, 2021. READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER, 2021. The original document, duly signed and executed, is retained on file. PRMS would like to acknowledge Oldman River Regional Services Commission for their contribution of their documents for use in completing this document for Palliser ISDAB