CITY OF GRANDE PRAIRIE
OFFICE CONSOLIDATION
BY-LAW C-964
A By-law of the City of Grande Prairie
to be known as "The Subdivision and
Development Appeal Board By-law."
(As Amended by By-law C-964A, C-964B and C-964C)
WHEREAS the Municipal Government Act requires that the City of Grande Prairie establish a Subdivision and Development Appeal Board;
NOW THEREFORE THE COUNCIL OF THE CITY OF GRANDE PRAIRIE, DULY ASSEMBLED, ENACTS AS FOLLOWS:
1. NAME
1.1. This By-law may be cited as the "Subdivision and Development Appeal Board By-law."
2. DEFINITIONS
The following words and phrases mean:
2.1. "Act" means the MUNICIPAL GOVERNMENT ACT, as amended from time to time.
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. "Board" means the Subdivision and Development Appeal Board established by this By-law.
2.4. "City" means the City of Grande Prairie.
2.5. "Council" means the Mayor and Aldermen of the City for the time being elected pursuant to the provisions of the Act, whose terms are unexpired, who have not resigned and who continue to be eligible to hold office under the terms of the Act.
2.6. "Development Appeal" means an appeal described in Section 9.1.
2.7. "Development Application" means an application made to the Development Authority in accordance with the Land Use By-law for the purpose of obtaining a development permit.
2.8. "Development Authority" means the person or persons designated by the City to perform the functions of a development authority under the Act.
2.9. "Development Permit" means a document authorizing a development issued in accordance with the Land Use By-law.
2.10. "Land Use By-law" means the By-law adopted as the land use by-law of the City pursuant to the Act.
2.11. "Subdivision Appeal" means an appeal described in Section 10.1.
2.12. "Subdivision Authority" means the person or persons designated by the City to perform the functions of a subdivision authority under the Act.
2.13. "Subdivision and Development Appeal Board Secretary" means the person appointed to the position established by Section 6.
3. ESTABLISHMENT AND MEMBERSHIP
3.1. The Subdivision and Development Appeal Board of the City is hereby established.
3.2. The Board shall consist of Eight (8) members appointed by resolution of Council as follows:
3.2.1. Three (3) members from Council; and
3.2.2. Five (5) members from the public-at-large.
(By-law C-964A - June 10, 1996)
3.3. No person who is an employee of the City, or who carries out subdivision or development powers, duties and functions on behalf of the City, shall be appointed to the Board.
3.4. Any vacancy on the Board caused by the death, retirement or resignation of a member may be filled by resolution of Council so long as the requirements of the Act are met.
3.5. Council may remove a member from the Board by resolution at any time for any reason.
3.6. Members of the Board will be reimbursed for expenses in accordance with the City's prevailing policy.
3.7. The members of the Subdivision and Development Appeal Board who are members of the public will be paid for attending hearings, deciding cases and for attending to other matters necessary to perform the Board's duties, at a rate of $150.00 for each full day. No remuneration will be paid for less than a full day. A day will be deemed to be a full day if at least four (4) hours are spent on the business of the Subdivision and Development Appeal Board.
(Bylaw C-964C - October 7, 2002)
4. TERM OF OFFICE
4.1. a) The term of office of each member of Council appointed to the Subdivision and Development Appeal Board will be a period of not exceeding three (3) years and will coincide with his or her term of office as a member of Council.
4.1. b) The term of office of each of the remaining members of the Subdivision and Development Appeal Board will be a period not exceeding three (3) years with the terms being staggered. A member may be reappointed to a maximum of six (6) consecutive years of service.
4.1. c) Council may remove a member of the Subdivision and Development Appeal Board at any time for whatever reason Council considers appropriate.
(Bylaw C-964C - October 7, 2002)
4.2. Where a member of Council is appointed as a member of the Board, his or her appointment shall terminate upon he or she ceasing to be a member of Council.
5. CHAIRMAN
5.1. The members present and constituting a quorum at a meeting of the Board shall elect a Chairman from amongst themselves to preside at that meeting.
6. SECRETARY OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD
6.1. The position of a designated officer for the limited purpose of carrying out the functions of the Board Secretary is hereby established.
6.2. The Board Secretary shall be appointed by resolution of the Council and shall not be a member of the Board.
6.3. The Board Secretary shall have responsibilities and functions including the following:
6.3.1. Making and keeping a record of the Board's proceedings which may be in the form of a summary of the evidence presented at a hearing.
6.3.2. Ensuring statutory notices and decisions of the Board are provided to such persons as the Act requires.
6.3.3. Compiling and providing Agenda and meeting packages to members of the Board and making the same available to the public.
6.3.4. Signing orders, decisions, approvals and notices made, given or directed by the Board on its behalf.
7. QUORUM AND MEETINGS
7.1. A quorum of any meeting of the Board shall be Three (3) members, at least one-half of whom must have been appointed pursuant to Section 3.2.2.
7.2. The Board shall meet at such intervals as are necessary to consider and decide appeals filed with it in accordance with the Act.
7.3. Written Minutes of the business transacted at all meetings and hearings of the Board shall be prepared and copies made available to Council.
7.4. The Board may make rules necessary for the conduct of its meetings, its hearings and its business that are consistent with this By-law, the City's Land Use By-law and Procedure By-law, and the Act.
7.5. The decision of the majority of the members of the Board present at a duly convened meeting at which a quorum is present is deemed to be the decision of the Board.
7.6. In the event of a tie vote, an appeal shall be deemed to be denied.
7.7. A Board 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.
7.8. Subject to Section 7.1, Two (2) panels of the Board may meet at the same time and the meeting of each panel shall be deemed to be a meeting of the Board.
7.9. The Board may recess at any time, to a specific date and time, in order for additional information to be brought to a hearing.
7.10. The Board shall not permit electronic or similar recording devices to be used during a hearing by anyone in attendance, except the Board Secretary.
8. FEES
8.1. Any Appellant shall pay to the City a fee of $100.00 - at the same time a Notice of Appeal is served on the Secretary of the Board.
9. DEVELOPMENT APPEALS
9.1. Subject to Sections 641(4) and 685(3) of the Act, the Board shall hold a public hearing on an appeal where a Development Authority for the City:
9.1.1. refuses to issue a development permit to a person.
9.1.2. issues a development permit subject to conditions, or;
9.1.3. issues an order under Section 645 of the Act, and the Appellant appeals within the time limitations and in the manner indicated in the Act.
9.2. Subject to Sections 641(4) and 685(3) of the Act, the 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.
9.3. The Board shall hold a public hearing respecting any Development Appeal within Thirty (30) days of receipt of the notice of appeal.
9.4. The Board shall give at least Five (5) days notice in writing of the hearing to:
9.4.1. the Appellant;
9.4.2. the Development Authority;
9.4.3. the owners required to be notified under the Land Use By-law; and
9.4.4. any other person that the Board considers to be affected by the appeal and should be notified.
9.5. In determining a Development Appeal, the Board:
9.5.1. must hear the persons referred to in Section 687(1) of the Act if those persons appear at the hearing;
9.5.2. shall comply with the Land Use Policies established pursuant to Section 622 of the Act;
9.5.3. shall comply with any statutory plan and, subject to Section 9.5.6, the Land Use By-law of the City;
9.5.4. shall have regard to but not be bound to the Subdivision and Development Regulations;
9.5.5. 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, except in the case of a Development Permit issued by Council with respect to land in a Direct Control District;
9.5.6. may make an order or decision or issue or confirm the issue of a development permit even though the proposed development does not comply with the Land Use By-law if, in its opinion,
(a) the proposed development would not:
i) unduly interfere with the amenities of the neighbourhood, or
ii) materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land, and;
(b) the proposed development conforms with the use prescribed for that land or building in the Land Use By-law.
9.6. The Board shall give its decision in writing together with reasons for the decision within Fifteen (15) days of the conclusion of the hearing.
10. SUBDIVISION APPEALS
10.1. Subject to Section 678 of the Act, the Board shall hear appeals of decisions of the Subdivision Authority provided an appeal is received within the time limitations and in the manner indicated in the Act.
10.2. The Board Shall hold a public hearing respecting any Subdivision Appeal within Thirty (30) days of receipt of the notice of appeal.
10.3. The Board shall give at least Five (5) days notice in writing of a hearing to:
10.3.1. the Appellant;
10.3.2. the applicant for subdivision approval;
10.3.3. the Subdivision Authority;
10.3.4. any school authority to whom the application for subdivision approval was referred;
10.3.5. all adjacent land owners who were given notice under Section 653(4) of the Act;
10.3.6. every Government department that was given a copy of the application for subdivision approval pursuant to the Subdivision and Development Regulations; and
10.3.7. if the land that is the subject of the application for subdivision approval is adjacent to the boundaries of another municipality, that municipality.
10.4. In determining a Subdivision Appeal, the Board:
10.4.1. must hear the persons referred to in Section 680(1) of the Act if those persons appear at the hearing;
10.4.2. shall be consistent with the Land Use Policies established pursuant to Section 622 of the Act;
10.4.3. shall have regard to any statutory plan which is in effect;
10.4.4. shall conform with the uses of land referred to in the Land Use By-law;
10.4.5. shall have regard to, but is not bound by, the Subdivision and Development Regulations;
10.4.6. may confirm, revoke or vary the approval or decision or any condition imposed by the Subdivision Authority or make or substitute an approval, decision or condition of its own;
10.4.7. may exercise the same power as the Subdivision Authority is permitted to exercise pursuant to the Act or any Regulations or By-laws under the Act.
10.4.8. shall give its decision in writing together with reasons for the decision with 15 days of the conclusion of the hearing.
10.5. Any member of the Board who voted on the decision which is the subject of a Subdivision Appeal shall not participate in the hearing of the appeal.
10.6. Pursuant to Section 682(2) of the Act, the Chairman of the meeting of the Board which heard a Subdivision Appeal is authorized to endorse the Plan of Subdivision or other instrument.
11. CONFLICT OF INTEREST
11.1. A member of the Board shall not participate in discussion on, nor vote on, any matter before the Board on any question:
11.1.1. affecting a private company of which he or she is a controlling shareholder or the beneficial holder of a majority of its issued shares;
11.1.2. affecting a public company in which he or she holds more than Ten (10%) percent of the number of shares issued;
11.1.3. affecting a partnership, proprietorship or firm of which he or she is a member;
11.1.4. affecting a company of which he or she is a director; or
11.1.5. on any question in which he or she has a direct or indirect pecuniary interest.
11.2. When a member of the Board is not entitled to vote by virtue of Section 11.1, he or she shall so declare before discussion of the question and shall not participate in the debate and the abstention and the reasons therefor shall be recorded in the minutes and the member shall complete and submit an "Abstention from Voting" form to the municipality, otherwise such member may be removed from the Board by resolution of Council subsequent to such member receiving an in-camera hearing before Council respecting the matter.
12. REPEALING PREVIOUS BY-LAW
12.1. By-laws C-654A, C-654B and C-654C are hereby repealed.
13. EFFECTIVE DATE
13.1. This By-law shall come into effect on third reading.
READ a first time this 18th day of December , 1995.
READ a second time this 18th day of December , 1995.
"G. Graydon" (Signed)
MAYOR
"J. Ferguson" (Signed)
CITY CLERK
READ a third time and finally passed this 18th day of December , 1995.
"G. Graydon" (Signed)
MAYOR
"J. Ferguson" (Signed)
CITY CLERK