25-11 Subdivision and Development Appeal Board Bylaw — full text

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Page 1 of 4 Summer Village of Larkspur A BYLAW OF THE SUMMER VILLAGE OF LARKSPUR, IN THE PROVINCE OF ALBERTA TO ESTABLISH A SUBDIVISION AND DEVELOPMENT APPEAL BOARD. Bylaw Name: Subdivision and Development Appeal Board Bylaw Bylaw number 25-11 Date Approved: April 29, 2025 Reviewed By: Date Reviewed: 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 627.1 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 Larkspur, in the Province of Alberta, duly assembled, hereby enacts as follows: 1. TITLE 1.1 This Bylaw may be cited as the "Subdivision and Development Appeal Board Bylaw". 2. ESTABLISHMENT 2.1. That a board known as the Subdivision and Development Appeal Board (SDAB) of the Summer Village of Larkspur, hereinafter called the "Board" is hereby established; a. The Summer Village of Larkspur shall appoint a minimum of three (3) members to the Board by resolution of Council; b. 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; c. 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; d. Any vacancy caused by the death, retirement or resignation of a member shall be filled by resolution of Council; and e. A member shall not be disbanded or discharged without cause. Page 2 of 4 2.2 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. 2.3 A decision of the Board shall be made only by those members present at a meeting duly convened. 2.4 The decision of the majority of the members present at a meeting duly convened shall be deemed to be the decision of the Board. 2.5 The Board shall hold such meetings as are necessary to fulfill the Board's responsibility. 2.6 Hearings on appeals filed will be held at a location established by the Clerk. 2.7 The Summer Village of Larkspur will compensate the board members and clerk. 2.8 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 Larkspur. 2.9 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. 2.10 A member of any SDAB must not participate in a hearing unless the member has successfully completed a training program. 2.11 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). 2.12 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. 2.13 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. 2.14 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. 2.15 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 negotiated from time to time. 2.16 The Board shall elect a Chairman from the Board members in attendance at any required meeting. Page 3 of 4 2.17 The election of Chairman shall occur at the beginning of each meeting. 3. FUNCTION AND OPERATION 3.1. The Board shall hear appeals where a Development Authority or Subdivision Authority or Development Officer or Council: a. refuses or fails to issue a development permit to a person within 40 days of receipt of the application; b. issues a development permit subject to conditions; c. issues an order under section 645 of the Municipal Government Act; or d. issues a decision on a subdivision application. 3.2. 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. 3.3. The Board Secretary or a duly appointed officer of the Summer Village of Larkspur 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 Larkspur considers to be affected by the appeal and should be notified. 3.4. When reviewing an appeal, the Board: a. shall follow any applicable regional or statutory plans. It must also comply with land use bylaws and regulations, except as outlined in clause (c). The Board should consider, but is not strictly bound by, subdivision and development regulations; b. has the authority to uphold, overturn, or modify and order, decision, or development permit. It can also change any attached conditions or issue a new order or decision as needed; and c. may approve a proposed development that does not fully comply with land use bylaws or regulations if it determines that: i. the proposed development will not: a. Significantly disrupt the character or amenities of the neighborhood, or Page 4 of 4 b. Negatively impact the use, enjoyment, or value of nearby properties; and ii. the development or subdivision aligns with the designated land use for that property as stated in the Land Use Bylaw. 3.5. 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. 4. GENERAL 4.1. 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. 4.2. This Bylaw rescinds any previous bylaw referencing the establishment of a subdivision and development appeal board in and for the Summer Village of Larkspur including but not limited to Bylaw 10-04. This bylaw comes into force upon the date of final passing. Read a first time this 29th day of April 2025 Read a second time this 29th day of April 2025 Received Unanimous consent to be given third reading this 29th day of April 2025 Read a third time and finally passed this 29th day of April 2025 _____________________________ _______________________________ Mayor Administrator