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TOWN OF DRUMHELLER
BYLAW NUMBER 01.25
DEPARTMENT: DEVELOPMENT AND PLANNING
DEVELOPMENT AUTHORITY BYLAW
BEING A BYLAW OF THE TOWN OF DRUMHELLER, IN THE PROVINCE OF ALBERTA,
PURSUANT TO THE PROVISIONS OF THE MUNICIPAL GOVERNMENT ACT, BEING
CHAPTER M26.1 OF THE REVISED STATUTES OF ALBERTA 2000 AND AMENDMENTS
THERETO, TO PROVIDE FOR THE APPOINTMENT OF A DEVELOPMENT AUTHORITY
WHEREAS, section 625 of the Municipal Government Act, R.S.A. 2000, c. M-26, and amendments
thereto, provides that a council must, by bylaw, provide a development authority to exercise
development powers and perform duties on behalf of the municipality;
AND WHEREAS, section 625 (1) of the Municipal Government Act, provides that a council may by
bylaw establish a Municipal Planning Commission;
AND WHEREAS, section 625 (3) of the Municipal Government Act provides that a bylaw
establishing a Municipal Planning Commission must prescribe the functions and duties of the
commission;
NOW THEREFORE the Council of the Town of Drumheller enacts the following:
1. CITATION
1.1
This Bylaw shall be cited as the "Development Authority Bylaw."
2. DEFINITIONS
2.1
For the purposes of this Bylaw, the following definitions shall apply:
a)
"Chief Administrative Officer" or "CAO" means the person appointed as Chief
Administrative Officer of the Town of Drumheller, or their designate;
b)
"Commission" means the Municipal Planning Commission of the Town of Drumheller;
c)
"Council" means the Mayor and Councillors of the Town of Drumheller;
d)
"Council & Committee Meeting Procedure Bylaw" means the Council & Committee
Meeting Procedure Bylaw #04.21, as amended from time to time, and its successor
legislation;
e)
"Development Authority" means a designated body or board which is authorized and
assigned by Council to enforce the provision of the Act and its regulations, the
Subdivision and Development Regulation, a subdivision approval, the conditions of a
development permit, and the Land Use Bylaw;
f)
"Development Officer" means the Development Officer of the Town of Drumheller
established pursuant to the Land Use Bylaw;
g)
"Intermunicipal Subdivision and Development Appeal Board" means the appeal
board as outlined within the Palliser Intermunicipal Development and Subdivision
Appeal Board Bylaw #17.21, as amended from time to time, and its successor
legislation;
h)
"Land Use Bylaw" means the Land Use Bylaw #16.20, as amended from time to time,
and its successor legislation;
i)
"Land Use District" means the areas within the jurisdiction of the Town that have been
delineated in accordance with the Land Use Bylaw, and in accordance with the Act;
j)
"Member" shall mean a member of the Commission appointed pursuant to this Bylaw;
k)
"Member-at-large" shall mean a member of the general public appointed by Council to
a committee of Council;
l)
"Municipal Government Act" or "MGA" or "Act" means the Municipal Government Act,
RSA 2000 c. M-26, as amended from time to time, and its successor legislation;
m)
"Town of Drumheller" or "Town" means the Town of Drumheller, a municipal
corporation in the Province of Alberta, and includes the area contained within the
corporate boundaries of the Town of Drumheller, as the context may require;
n)
"Planner" means a person or organization hired by the Town to perform duties of a
Professional Planner for the Town;
o)
"Regulations" means the Subdivision and Development Regulation, AP 43/2002, as
amended from time to time, and its successor legislation.
3. DEVELOPMENT AUTHORITY
3.1
The office of the Development Officer is hereby constituted and shall be appointed by the
CAO of the Town of Drumheller.
3.2
The Development Officer shall act as a Development Authority as outlined in this Bylaw and
shall review and render decisions on Development Permit Applications which:
a)
are deemed permitted uses; and
b)
require a setback relaxation as outlined in the Land Use Bylaw.
3.3
The Commission is hereby established as a committee of Council and shall operate in
accordance with the Council & Committee Meeting Procedure Bylaw, except for where
otherwise provided within this Bylaw.
3.4
The Commission shall act as a Development Authority as outlined in this Bylaw and shall
review and render decision on Development Permit Applications which:
a)
require a variance for setbacks, building heights, and site coverage up to 50%, as
outlined in each specific Land Use District, which are deemed by the Development
Officer not to have a negative impact on adjacent lands or uses; and
b)
are considered discretionary uses of land and/or buildings as outlined each specific
Land Use District, which are deemed by the Development Officer not to have a
negative impact on adjacent lands or uses.
4. MEMBERSHIP
4.1
The Commission shall consist of:
a)
no less than two (2) elected officials of Council; and
b)
up to five (5) members-at-large appointed by Council;
4.2
No member of the Commission may be;
a)
an employee of the Town of Drumheller;
b)
a person that carries out subdivision or development powers, duties, and functions
on behalf of the Town; or
c)
a person who is a member of the Intermunicipal Subdivision and Development Appeal
Board.
4.3
The appointment of a member-at-large terminates:
a)
upon the expiry of their term as established as a resolution of Council;
b)
if the member ceases to be a resident of the Town;
c)
if the member becomes a Councillor for the Town;
d)
if the member meets any of the conditions outlined in section 4.2 of this Bylaw; or
e)
if the member is removed from the Commission by a resolution of Council.
4.4
The following shall serve as non-voting advisors to the Commission and shall attend
Commission meetings as required:
a)
The Development Officer;
b)
A Planner; and
c)
The CAO.
4.5
Where necessary, the Commission may invite other persons to attend its meetings in an
advisory capacity, but such persons may not vote nor take part in the decision making of
the Commission.
4.6
No member shall discuss, debate, or be involved in the decision-making matter before the
Commission where the member has bias in relation to that matter. The member shall
declare their bias before any discussion of the matter and shall remove themselves from
the meeting for the discussion, debate, and decision of the matter, and their declaration
shall be recorded in the meeting minutes.
5. MUNICIPAL PLANNING COMMISSION SECRETARY
5.1
The Commission Secretary shall be appointed by the CAO or their designate.
5.2
The Commission Secretary shall:
a)
ensure that all circulation requirements of the Act, Regulations, Land Use Bylaw, and
any other municipal bylaws are adhered to;
b)
ensure that all noticing and advertising requirements of the Act, Regulations, Land
Use Bylaw, and any other municipal Bylaws are adhered to;
c)
ensure there is quorum for all meetings;
d)
prepare all decisions and reasons for the decision of the Commission for execution
by the Chair or Vice Chair;
e)
send out all decisions of the Commission to relevant parties in accordance with the
Act and the Land Use Bylaw;
f)
record, prepare, and maintain minutes of the Commission meetings;
g)
ensure Council is presented with signed Commission meeting minutes within two (2)
weeks of approval;
h)
keep and maintain on file for inspection by the public during office hours the following
documentation and information:
i)
A register of all applications for development permits and subdivision approvals
including the supporting documentation;
ii)
Records of all Commission decisions and reasons thereto; and
iii)
Commission agenda packages and meeting minutes;
i)
carry out such other administrative duties and functions that the Commission, CAO,
or Development Officer may direct.
6. CONDUCT OF BUSINESS
6.1
Council members of the Commission shall be appointed at Council's annual Organizational
meeting for a one (1) year term. Any member of Council's appointment to the Commission
shall terminate upon ceasing to be a member of Council.
6.2
Council shall appoint an alternate member of Council to act when any of the Council
members are unable to attend a Commission meeting.
6.3
The Commission shall elect a Chairperson and a Vice Chairperson from its members.
6.4
Three (3) members of the Commission shall constitute a quorum for the making of all
decisions and for doing any action required or permitted to be done by the Chairman.
6.5
Only those members of the Commission present at a meeting of the Commission shall vote
on any matter before it.
6.6
Members of the Commission will be deemed present at a meeting if attending either in
person, or via an online video call.
6.7
The decision of the majority of the members present at a meeting duly convened shall be
deemed to be the decision of the whole Commission. If there are an equal number of votes
for or against a resolution, the resolution is defeated.
6.8
The Commission shall hold such meetings as are necessary to fulfill the Commission's
responsibility.
6.9
The Commission may make rules as are necessary for the conduct of its meetings and its
business that are consistent with this bylaw, Municipal Development Plan, Land Use Bylaw,
Area Structure Plans and Provincial Acts and Regulations.
6.10
The remuneration, travelling, and other expenses of the Chairperson and other members of
the Commission shall be established by Council resolution and/or policies.
6.11
When rendering a discussion of any development permit application the Commission may;
a)
issue a permit with or without conditions;
b)
defer the application and request further information; or
c)
refuse the application, stating reasons for the refusal.
6.12
The Commission shall give its decisions in writing, including reasons for approval or
refusal, and must state whether the appeal lies with the;
a)
Intermunicipal Subdivision and Development Appeal Board; or
b)
Municipal Government Board.
6.13
An order, decision, notice, approval, endorsement, or any other thing issued by the
Commission may be signed on its behalf by its Chairperson, Vice-Chairperson, a
Development Officer or the CAO.
7. SEVERABILITY
7.1
If any portion of this Bylaw is found to be invalid, that portion shall be severed from the
remainder of the Bylaw and shall not invalidate the whole Bylaw.
8. TRANSITIONAL
8.1
Upon third reading of Bylaw 01.25 - Development Authority Bylaw, Bylaw #32.08 and all
amendments thereto are hereby repealed.
8.2
This Bylaw comes into full force and effect upon third and final reading and when duly
signed and sealed.
8.3
Upon the coming into force of this Bylaw, the members appointed pursuant to Bylaw #32.08
are continued as members under this Bylaw until new members are appointed in
accordance with this Bylaw.
READ A FIRST TIME THIS 20th DAY OF JANUARY 2025.
READ A SECOND TIME THIS 20th DAY OF JANUARY 2025.
READ A THIRD AND FINAL TIME THIS 20th DAY OF MAY 2025.
The original document, duly signed and executed, is retained on file.