Subdivision and Development Appeal Board (Bylaw 1378/22) — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot b861b27e7da2 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

A BYLAW OF LACOMBE COUNTY, IN THE PROVINCE OF ALBERTA, TO ESTABLISH THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW OF LACOMBE COUNTY. WHEREAS Section 627 of the Municipal Government Act, RSA 2000 as amended (the Act") requires that a Council establish by bylaw a Subdivision and Development Appeal Board; NOW THEREFORE THE COUNCIL of Lacombe County, duly assembled, enacts as follows: ## 1. NAME - 1.1 This Bylaw shall be cited as the "Subdivision and Development Appeal Board Bylaw". ## 2. DEFINITIONS The following words and phrases mean: - 2.1 "Act" means the Municipal Government Act RSA 2000 as amended - 2.2 "Appellant" means a person who, pursuant to the Act, has served a notice of appeal on the Subdivision and Development Appeal Board - 2.3 "Council" means the Reeve and Councillors of Lacombe County elected pursuant to the provisions of the Act, whose terms is unexpired, who have not resigned and who continue to be eligible to hold office as such under the terms of the Act. - 2.4 "County Manager" means the Chief Administrative Officer for Lacombe County or their designate. - 2.5 "Development Application" means an application made to the Developmen Authority in accordance with the Land Use Bylaw for the purpose of obtaining development permit. - 2.6 "Development Authority" means the persons established under Section 3 of the Development Authority Bylaw to perform the functions of a Development Authority for Lacombe County under the Act. - 2.7 "Development Permit" means a document authorizing a development issued in accordance with the Land Use Bylaw. - 2.8 "Electronic Meeting" means a meeting a defined in section 199 of the Act. - 2.9 "Land Use Bylaw" means the Bylaw adopted by Lacombe County as a land use bylaw pursuant to the Act or the former Act. - 2.10 "Non Statutory Plans" means other land use plans, including Lake Management Plans, Concept Plans and Outline Plans, which have been adopted by Council. - 2.11 - 2.12 "Subdivision Application" means an application to the Subdivision Authority in accordance with the requirements of the Act and the Subdivision and Development Regulations for the purpose of obtaining subdivision approval. - 2.13 "Subdivision Authority" means the persons established under Section 3 of the Subdivision Authority Bylaw to perform the functions of a Subdivision Authority for Lacombe County under the Act. - 2.14 "Subdivision and Development Appeal Board" means the Board established to hear subdivision and development appeals pursuant to Section 3 of this Bylaw. - 2.15 "Subdivision and Development Appeal Board Secretary" means the person appointed to the position established under Section 7 herein. - 2.16 "Subdivision and Development Regulations" mean the regulations made by the Lieutenant Governor in Council pursuant to Section 694 of the Act. ## 3. ESTABLISHMENT AND MEMBERSHIP - 3.1 The Subdivision and Development Appeal Board of Lacombe County is hereby established. - 3.2 The Subdivision and Development Appeal Board shall consist of four members. - 3.3 Council may appoint up to six members from the public at large for a two (2) year term to serve on the Subdivision and Development Appeal Board - 3.4 No person who is an employee of Lacombe County, or who is a member of the Development Authority or the Subdivision Authority for Lacombe County, shall be appointed to the Subdivision and Development Appeal Board. - 3.5 Any vacancies caused by the death, retirement or resignation of a member may be filled by resolution of the Council. - 3.6 Council may by resolution remove a member from the Subdivision and Development Appeal Board. ## 4. TERM OF OFFICE - 4.1 Each member of the Subdivision and Development Appeal Board shall be appointed at the pleasure of the Council for a term of two years and may be reappointed upon the expiry of the term at the pleasure of the Council. ## 5. CHAIRPERSON - 5.1 At the first meeting of the Subdivision and Development Appeal Board, following the appointment of members each year, a Chairperson shall be elected by vote of the majority of the members. - 5.2 A member may be re-elected to the position of Chairperson. - 5.3 The Chairperson shall preside at the meetings of the Subdivision and Development Appeal Board. - 5.4 The Chairperson shall sign orders, decisions and documents issued on behalf of the Subdivision and Development Appeal Board. ## 6. VICE CHAIRPERSON - 6.1 A Vice Chairperson shall be elected at the same time and under the same rules as the Chairperson. - 6.2 A member may be re-elected to the position of Vice Chairperson. - 6.3 In the absence of the Chairperson, the Vice Chairperson shall preside at the meetings of the Subdivision and Development Appeal Board. - 6.4 In the absence of the Chairperson and the Vice Chairperson, one of the other members of the Subdivision and Development Appeal Board shall be elected to preside. - 6.5 In the absence of the Chairperson, the Vice Chairperson shall sign orders, decisions and documents issued on behalf of the Subdivision and Development Appeal Board. ## 7. SECRETARY OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD - 7.1 The County Manager for Lacombe County shall be the Subdivision and Development Appeal Board Secretary. The County Commissioner is authorized to further delegate, and authorize further delegation of the position and function of the Subdivision and Development Appeal Board Secretary. - 7.2 The Subdivision and Development Appeal Board Secretary shall have responsibilities and duties, including the following: - 7.2.1 Receives and processes subdivision and development appeals to consideration by the Subdivision and Development Appeal Board and ir accordance with policies and procedures adopted by the Board - 7.2.2 Makes and keeps a record of the Subdivision and Development Appeal Board's proceedings including: - i) the notice of appeal; - ili) list of witnesses that gave evidence at the hearing; - ii) all documentary evidence filed in the appeal; - iv) all written arguments presented at the hearing; - vi) the decision of the Subdivision and Development and Appeal Board including reasons. - v) a summary of the hearing; and - 7.2.3 Ensures statutory notices and decisions of the Subdivision and Development Appeal Board are provided to such persons as the Act requires. - 7.2.4 Select any combination of the appointed members to form a Board for the purpose of convening a hearing. ## 8. QUORUM AND MEETINGS - 8.1 A quorum of the Subdivision and Development Appeal Board shall be three (3) members of the Subdivision and Development Appeal Board. - 8.2 The Subdivision and Development Appeal Board shall meet as necessary to consider and decide appeals filed with it in accordance with the Act. - 8.3 The Subdivision and Development Appeal Board shall have prepared and maintain a file of written minutes of the business transacted at all meetings and hearings of the Subdivision and Development Appeal Board. - 8.4 A member of the Subdivision and Development Appeal Board who is for any reason, unable to attend the entire hearing of an appeal, shall not participate in the deliberations or decision of the Subdivision and Development Appeal Board upon that appeal. - The Subdivision and Development Appeal Board may make rules as are necessary for the conduct of its meetings, its hearings, and its business that are consistent with this Bylaw, the Land Use Bylaw, and the Act, including but not limited to, conducting hearings and meetings via electronic means. ## 9. FEES AND EXPENSES - 9.1 The remuneration, travelling and other expenses of the members of the Subdivision and Development Appeal Board shall be established by resolution of Council from time to time. - 9.2 Fees associated with the holding of hearings of the Subdivision and Development Appeal Board may be set by resolution of Council. ## 10. DEVELOPMENT APPEALS - 10.1 Subject to Sections 641(4) and 685(3) of the Act, the Subdivision and Development Appeal Board shall hear appeals where the Development Authority. - 10.1.1 refuses or fails to issue and development permit to a person; - 10.1.2 issues a development permit subject to conditions; or - 10.1.3 issues an order under Section 645 of the Act; provided appeals are received within the time limitations and in the manner indicated in the Act - 10.2 Subject to Section 641(4) and 685(3) of the Act, the Subdivision and Development Appeal Board shall hear appeals from any person affected by an order, decision or development permit issued by the Development Authority, who appeals within the time limitations and in the manner indicated in the Act. - 10.3 The Subdivision and Development Appeal Board shall hold an appeal hearing respecting any Development Appeal within thirty (30) days of receipt of a notice of appeal. - 10.4 The Subdivision and Development Appeal Board shall give at least five (5) days' notice in writing of the appeal hearing to: - 10.4.1 the Appellant; - 10.4.2 the Development Authority; - 10.4.3 the owners required to be notified under the Land Use By-Law; and - 10.4.4 any other person that the Subdivision and Development Appeal Board considers to be affected by the appeal and should be notified. - 10.5 In determining an appeal, the Subdivision and Development Appeal Board: - 10.5.1 must comply with the land use policies, statutory plan and non-statutory plans adopted by Council, and, subject to clause 10.5.4 the Land Use Bylaw in effect; - 10.5.2 must have regard to but is not bound by the Subdivision and Development Regulations or any non-statutory plan affecting the proposed development; - 10.5.3 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 or permit of its own; - 10.5.4 may make an order or decision or issue or confirm the issue of development permit even though the proposed development does no comply with the Land Use Bylaw if, in its opinion, - (i) the proposed development would not - (A) unduly interfere with the amenities of the neighbourhood, or - (B) materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land, and - (i) the proposed development conforms with the use prescribed for the land or building in the Land Use By-Law - 10.6 The Subdivision and Development Appeal Board shall give its decision in writing together with reasons for the decision within fifteen (15) days after concluding the hearing. ## 11. SUBDIVISION APPEALS - 11.1 Subject to Section 678 of the Act, the Subdivision and Development Appeal Board shall hear appeals of decisions of the Subdivision Authority provided ar appeal is received within the time limitations and in the manner indicated in the Act. - 11.2 The Subdivision and Development Appeal Board shall hold an appeal hearing respecting any appeal within thirty (30) days of receipt of the notice of appeal. - 11.3 The Subdivision and Development Appeal Board shall give at least five (5) days' notice in writing of the appeal hearing to: - 11.3.1 the applicant for subdivision approval; - 11.3.2 the Subdivision Authority; - 11.3.3 any school authority to whom the application for subdivision approval was referred; - 11.3.4 all adjacent land owners who were given notice of the application for subdivision approval pursuant to Section 653(4) of the Act; - 11.3.5 every Government department that was given a copy of the application for subdivision approval pursuant to the Subdivision Development and - 11.3.6 if the land that is the subject of the application for subdivision approval is adjacent to the boundaries of another municipality, that municipality. - 11.4 In determining an appeal, the Subdivision and Development Appeal Board: - 11.4.1 must have regard to any statutory and non-statutory plans adopted by Council. - 11.4.2 must conform with the uses of land referred to in the Land Use Bylaw; - 11.4.3 must be consistent with land use policies; - 11.4.4 must have regard to but is not bound by the Subdivision and Development Regulations; - 11.4.5 may confirm, revoke or vary the approval or decision or any condition imposed by the Subdivision Authority or make or substitute a decision or any condition of its own; - 11.4.6 may, in addition to other powers it has, exercise the same power as a Subdivision Authority is permitted to exercise pursuant to this Part or the regulations or bylaws under this Part. - 11.5 The Subdivision and Development Appeal Board shall give its decision in writing together with reasons for the decision within fifteen (15) after concluding the hearing. ## 12. GENERAL - 12.1 This Bylaw shall be in effect on the date of the final passing thereof. - 12.2 This Bylaw rescinds Bylaw No. 1303/19. Received first and second reading and by unanimous consent of the Councillors present, a third reading and finally passed this 14th day of November, 2022   Atti