Bylaw 56-2017 Subdivision and Development Appeal Board — full text

This is the exact embedded text of the captured official document. Snapshot 538514962419 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Bylaw 56-2017 Page 1 of 6 BYLAW 56-2017 SUBDIVISION DEVELOPMENT AND APPEAL BOARD BYLAW STRATHCONA COUNTY (Consolidated on September 16, 2025) WHEREAS pursuant to section 627 of the Municipal Government Act, RSA 2000, c- M-26, Council must by bylaw establish a subdivision and development appeal board; AND WHEREAS pursuant to section 628 of the Municipal Government Act a bylaw under section 627 must provide for the applicable matters described in section 145(b), and prescribe the functions and duties of the subdivision and development appeal board; AND WHEREAS pursuant to section 145 of the Municipal Government Act Council may pass bylaws in relation to the procedures to be followed by Council, council committees and other bodies established by the Council; AND WHEREAS pursuant to section 154 of the Municipal Government Act the chief elected official is a member of all council committees and bodies to which Council has the right to appoint members under the Municipal Government Act unless Council provides otherwise; NOW THEREFORE, the Council of Strathcona County enacts as follows: PART 1 CITATION, PURPOSE, INTERPRETATION, AND DEFINITIONS Citation 1 This bylaw may be cited as the "Subdivision and Development Appeal Board Bylaw". Purpose 2 The purposes of this bylaw are: (1) to establish the Subdivision and Development Appeal Board; (2) to prescribe the functions and duties for, and to establish procedures to be followed by, the Subdivision and Development Appeal Board. Interpretation 3 The headings in this bylaw are for reference purposes only. 4 References to enactments and bylaws in this bylaw include amendment and replacement enactments and Bylaw 56-2017 Page 2 of 6 bylaws, and regulations and orders made in accordance with them. Definitions 5 In this bylaw, words have the meaning given to them in this section, but if not defined in this bylaw, they have the same meaning as they do in the Municipal Government Act: (1) "Chief Administrative Officer" means the chief administrative officer of the County or delegate; (2) "Clerk" means the personappointed as clerk of the Subdivision and Development Appeal Board accordance with section 456 of the Municipal Government Act; (S.1(b), Bylaw 37-2025, September 16, 2025) (3) "Council" means the municipal council of the County; (4) "County" means the municipal corporation of Strathcona County; (5) "Mayor" means the chief elected official of the County; (6) "Member" means an individual who is appointed to the Subdivision and Development Appeal Board; (7) "Municipal Government Act" means the Municipal Government Act, RSA 2000, c M-26; (8) "Subdivision and Development Appeal Board" means the subdivision and development appeal board established pursuant to this bylaw in accordance with section 627 of the Municipal Government Act. PART II ESTABLISHMENT AND CONDUCT OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD Establishment 6 Council establishes the Subdivision and Development Appeal Board. Conduct and Procedures 7 The Subdivision and Development Appeal Board will conduct itself in accordance with the Municipal Bylaw 56-2017 Page 3 of 6 Government Act, and County bylaws, policies and procedures. Functions and Duties 8 The Subdivision and Development Appeal Board will perform the functions and duties of a subdivision and development appeal board in accordance with the Municipal Government Act. Resources 9 Administrative support and resources will be provided to the Subdivision and Development Appeal Board as directed by the Chief Administrative Officer. PART III MEMBERSHIP OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD Ineligibility 10 The following persons may not be Members: (1) the Mayor; (2) members of Council; (3) an employee of the County; (4) any person who was an employee of the County in the year prior to the date of appointment as a Member; (5) persons who are not resident in Strathcona County, except when appointed as a temporary member for the purpose of obtaining quorum for a specific hearing; (S.1, Bylaw 56-2017, April 23, 2024) (6) any other person who is not eligible to be a Member as set out in the Municipal Government Act. Appointments 11 Council will appoint Members as required by the Municipal Government Act and in accordance with County bylaws, policies and procedures. 12 Council will appoint up to 7 persons as Members of the Subdivision and Development Appeal Board. (S.2, Bylaw 47-2020, September 8, 2020) Bylaw 56-2017 Page 4 of 6 13 Council may revoke the appointment of any Member if the Member does not comply with any term of this bylaw. Terms 14 Members will be appointed at the pleasure of Council for terms of up to 3 years. 15 Members may be re-appointed for successive terms totalling no more than 6 consecutive years, unless otherwise directed by Council. Remuneration 16 Remuneration and expenses, if any, for Members will be set by County bylaw or Council resolution. Training 17 Members will meet the requirements set out in the Municipal Government Act to be qualified to participate in a hearing promptly after appointment or re- appointment and, in any event, must do so prior to participating in a hearing. Conduct 18 Members will conduct themselves in accordance with the Municipal Government Act, County bylaws, and with the Subdivision and Development Appeal Board Code of Conduct and Subdivision and guidelines. (S.1(a), Bylaw 48-2021, September 14, 2021) 18.1 The Board may approve hearing procedures of the Subdivision and Development Appeal Board, provided that those procedures do not conflict with any enactment or County bylaws. (S.1(b), Bylaw 48-2021, September 14, 2021) PART IV CHAIR AND VICE-CHAIR OF SUBIDVISION AND DEVELOPMENT APPEAL BOARD Election 19 At the first meeting of each calendar year, the Subdivision and Development Appeal Board will elect a chair and vice-chair from among the Members. Duties 20 The chair shall preside at all meetings of the Subdivision and Development Appeal Board. If the chair is unable to perform the chair's duties, the vice-chair will perform them. Bylaw 56-2017 Page 5 of 6 PART V MEETINGS, QUORUM AND DECISIONS Meetings 21 The Subdivision and Development Appeal Board will meet as many times as necessary to fulfill its obligations pursuant to this bylaw, and in any event at least 1 time per calendar year. Quorum 22 Quorum is met by the attendance of 2 Members. Decisions 23 In arriving at its decision, the majority vote of those Members present at the hearing will constitute the decision of the Subdivision and Development Appeal Board. If there are an equal number of votes for and against the appeal, the appeal is denied. PART VI CLERK OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD Clerk Duties 24 24.1 The Chief Administrative Officer shall appoint one or more persons to the position of Clerk of the Subdivision and Development Appeal Board. The Clerk will meet the qualification requirement and in addition to the duties prescribed by this bylaw and the Municipal Government Act, the Clerk will: (1) receive and file subdivision and development appeals; (2) schedule hearings; (3) process and distribute hearing materials to members of the Subdivision and Development Appeal Board; (4) prepare and certify records, including records of proceedings; and (5) perform administrative duties for the Subdivision and Development Appeal Board. (S.1(c), Bylaw 37-2025, September 16, 2025) PART VII TRANSITIONAL PROVISIONS, REPEAL AND COMING INTO FORCE Transitional 25 On the coming into force of this bylaw, any alternate member of the SDAB is deemed to be a Member. Bylaw 56-2017 Page 6 of 6 Repeal 26 County Bylaw 55-2011 is repealed. Coming into Force 27 This bylaw comes into force on the 1st day of January, 2018. NOTE: Consolidation made under Section 69 of the Municipal Government Act, R.S.A. 2000, c.M-26 and Bylaw 21-2015 Section 8, and printed under the Chief Administrative Officer's authority. Bylaw 56-2017, passed by Council October 31, 2017 Amendments Bylaw 47-2020, September 8, 2020 Bylaw 48-2021, September 14, 2021 Bylaw 16-2024, April 23, 2024 Bylaw 37-2025, September 16, 2025