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BYLAW 2685/G/24
BEING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF ALBERTA
FOR THE PURPOSE OF ESTABLISHING A SUBDIVISION AND DEVELOPMENT APPEAL
BOARD
WHEREAS, Section 627 of the Municipal Government Act, RSA 2000, c. M-26 and amendments thereto,
requires that a municipality establish a Subdivision and Development Appeal Board; and
WHEREAS, Section 145 and 627 of the Municipal Government Act requires Council to provide for the
procedure and conduct of bodies established by Council.
NOW THEREFORE, the Council of the Town of Stony Plain, in the province of Alberta, duly assembled,
hereby enacts as follows:
1.0.0
Title
1.1.0
This bylaw may be cited as the "Subdivision and Development Appeal Board Bylaw".
2.0.0
Definitions
2.1.0
"Act" means the Municipal Government Act, RSA 2000, c. M-26 and amendments thereto.
2.2.0
"Appellant" means a person who has serv~d a notice of appeal on the Subdivision and
Development Appeal Board.
2.3.0
"Applicant" means a person who made the initial development or subdivision application upon
which an appeal is based, or a person authorized to act on the Applicant's behalf.
2.4.0
"Board" means the Town of Stony Plain Subdivision and Development Appeal Board established
by this bylaw.
2.5.0
"Clerk" means one or more designated officers appointed as the Clerk to the Subdivision and
Development Appeal Board.
2.6.0
"Council" means the municipal Council of the Town of Stony Plain.
2.7.0
"Development Authority" as defined in the Municipal Government Act, RSA 2000, c. M-26.
2.8.0
"Member" means a Member of the Subdivision and Development Appeal Board appointed
pursuant to this bylaw.
2.9.0
"Subdivision Authority" as defined in the Municipal Government Act, RSA 2000, c. M-26.
2.10.0 "Town" means the Town of Stony Plain.
3.0.0
Establishment
3.1.0
The Subdivision and Development Appeal Board is hereby established.
4.0.0
Membership
4.1.0
The Board shall consist of up to eight (8) Members, including two members of Council appointed
by resolution of Council.
4.2.0
Members must be:
a) 18 years of age and older; and
b) Stony Plain residents.
4.3.0
No person who is an employee of the Town may be appointed as a Member of the Board.
4.4.0
No one serving as the Subdivision Authority, or the Development Authority for the Town may be
appointed as a Member of the Board.
Amended by Bill 50
May 15, 2025
Sec. 9.9.0
BYLAW 2685/G/24
Page2
4.5.0
Effective January 1, 2025, no person serving on the Board may be appointed to any Town
Planning and Development related advisory committee.
5.0.0
Term
5.1.0
Members shall be appointed for a term of three (3) years.
5.2.0
Members may serve a maximum of two (2) consecutive terms and may reapply after an absence
of (1) year.
5.3.0
In the event of a vacancy, Council may by resolution, appoint a new Member to serve for the
remainder of the vacating Member's Term.
5.4.0
Any Member may be removed from the Board by resolution at the sole discretion of Council.
6.0.0
Training
6.1.0
Members must successfully complete training, as prescribed by the Minister, prior to participating
in a hearing.
6.2.0
Members shall participate, as required, in training provided by the Town as it relates to quasi-
judicial matters and meeting process.
7.0.0
Quorum, Chair and Rules of Procedure
7.1.0
Quorum at any Board hearing shall be three (3) Members. No more than one (1) Council Member
shall sit on a Board hearing at the same time.
7.2.0
At the beginning of each hearing, the Board members present shall appoint a Chair who will be
responsible for the conduct of the hearing.
7.3.0
The decision of the majority of the Members who heard the appeal shall be deemed to be the
decision of the whole Board. In the event of a tie vote, the appeal shall be deemed to be refused.
8.0.0
Clerk
8.1.0
The position of Clerk of the Board is hereby established as a Designated Officer position for the
Town.
8.2.0
The Clerk of the Board shall be the Manager of Legislative Services, and the Clerk may delegate
any or all of these powers and duties specified in this bylaw to a designate
8.3.0
The Clerk, or designate, must successfully complete training, as prescribed by the Minister, prior
to assuming the duties and responsibilities of the Clerk.
8.4.0
The Clerk shall carry out all powers and duties imposed upon the Clerk pursuant to the Act and
regulations thereunder including but not limited to:
a)
Attend all meetings and hearings of the Board, but shall not vote on any matter before the
Board;
b)
Maintaining a record of the Board proceedings which may be in a form of minutes or a
summary of evidence presented at the hearing;
c)
Ensuring statutory notices and decisions of the Board are provided to such persons as the
Act requires;
d)
Compiling and distribution of the agenda and meeting packages to the Members and
making available to the public; and
e)
Assisting in preparing orders, decisions, approvals and notices made, given or directed by
the Board.
8.5.0
The Clerk is the liaison between the public and the Board. Any communication with the Board
shall be made directly to the Clerk.
BYLAW 2685/G/24
Page3
9.0.0
Functions and Duties
9.1.0
The Board shall hear appeals from a decision or stop order issued by the:
a) Development Authority, or their designate; or
b) Subdivision Authority, or their designate.
9.2.0
Where in the opinion of the Board, an adjournment is warranted, the Board may adjourn the
hearing for matters related to:
a) Addressing duties of fair process; or
b) Requesting technical infonnation, legal opinions, or other assistance.
9.3.0
The Chair:
a) Shall be responsible for the conduct of the hearing;
b) May limit a submission if it is determined to be repetitious or in any way inappropriate;
and
c) Shall, when a hearing is adjourned and a time is not fixed for its continuation, announce
that notice of the continuation of the hearing shall be sent to those persons leaving their
name and address with the Clerk. Thereafter, only those persons leaving their name and
address shall be entitled to notice of the continuation of the hearing.
9.4.0
Once the hearing is closed, the Board shall not hear or consider any additional verbal or written
evidence.
9.5.0
After hearing the appeal, the Board shall deliberate and reach its decision in private. In arriving
at its decision, the majority vote of those Members present shall constitute the decision of the
Board.
9.6.0
A decision of the Board is not final until notification of the decision is given in writing .
.
9.7.0
A Member, who for any reason, is unable to attend the whole of the hearing of an appeal shall
not participate in the Board's deliberations or the decision made by the Board on that appeal.
9.8.0
If a Member has a direct or indirect pecuniary interest in any matter before the Board, or if a
Member is aware of any reason which may likely lead them to entertain a bias when hearing any
matter, the Member shall declare such interest or likelihood of bias and be excused from the
hearing
9.9.0
Members shall abide by the Town's established committee Code of Conduct for Committee
members.
10.0.0 Rules of Procedure
10.1.0 For those procedural matters not covered in the Act or the regulations thereto or this bylaw, the
Board shall determine the procedures for the conduct of hearings.
11.0.0 Remuneration
11.1.0 The members of the Board shall be paid such Honoria for attending meetings as authorized by
Council policy or resolution.
12.0.0 Appeal Fees
12.1.0 The fee to be paid by an appellant for filing an appeal with the Subdivision and Development
Appeal Board shall be as per the Fees and Charges Bylaw approved by Council.
13.0.0 Review
13.1.0 This bylaw shall be reviewed within its fifth year, being 2029, or as deemed necessary.
14.0.0 Repeal
14.1.0 Bylaw 2603/D&P/ 19 and amendments thereto are hereby repealed.
BYLAW 2685/G/24
Page4
15.0.0 Severability
15 .1.0 If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the
invalid portion must be severed and the remainder of the bylaw is deemed valid.
16.0.0 Effective Date
16.1.0 This bylaw shall take full force and effect on the date it is passed.
Read a first time this 25th day of March, AD 2024.
Read a second time this 25tl, day of March, AD 2024.
Given unanimous consent this 25tl, day of March, AD 2024.
Read a third time this 25th day of March, AD 2024.
Teresa Olsen,
Acting General Manager, Corporate Services