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HomeMy WebLinkAbout1680-09 Municipal Planning Commission, Establishment ofA Bylaw of the County of Newell No. 4, in the Province of Alberta, to establish the Municipal Planning Commission of the County of Newell No. 4. Whereas a Council, pursuant to Section 626 of the Municipal Government Act Chapter M -26, RSA 2000, may establish a Municipal Planning Commission. Pursuant to the provisions of the Municipal Government Act, being Chapter M -26 of the Revised Statutes of Alberta 2000, the Council of the County of Newell No. 4, in the Province of Alberta, duly assembled, enacts as follows: 1. SHORT TITLE COUNTY OF NEWELL NO. 4 IN THE PROVINCE OF ALBERTA 2. PURPOSE BYLAW NO. 1680 -09 This Bylaw may be cited as the County of Newell No. 4 Municipal Planning Commission Bylaw. The purpose of this Bylaw is to establish a Municipal Planning Commission for the County of Newell No. 4, in accordance with the provisions of the Municipal Government Act. 3. INTERPRETATION In this Bylaw: a) "Act" means the Municipal Government Act, being Chapter M -26 of the Revised Statutes of Alberta 2000. b) "Council" means the Council of the County of Newell No. 4. c) "County" means the County of Newell No. 4. d) "Development" means: an excavation or stockpile and the creation of either but does not include turning over soil with no immediate activity on the land in the near future; or a building or an addition to, or replacement or repair of a building and the construction or placing of any of them in, on, over or under land; or a change of use, or a building, or an act done in relation to land or a building that results in, or is likely to result in, a change in the use of the land or building; or a change in the intensity of use of land or a building or an act done in relation to land or a building that results in, or is likely to result in, a change in the intensity of use of the land. —1— e) "Development Application" means an application made in accordance with the Land Use Bylaw for the purpose of obtaining a Development Permit. f) "Development Officer" means: (i) a person or persons appointed to the office of Development Officer pursuant to the County of Newell No. 4 Land Use Bylaw, (ii) the Municipal Planning Commission as authorized by Council to act as Development Officer pursuant to the County of Newell No. 4 Land Use Bylaw. g) "Development Permit" means a document authorizing a development issued pursuant to the County of Newell No. 4 Land Use Bylaw. h) "Land Use Bylaw" means the County of Newell No. 4 Land Use Bylaw established pursuant to the Municipal Government Act. i) "Members" means the members of the Municipal Planning Commission duly appointed pursuant to this Bylaw. j) "Municipal Planning Commission" means the Municipal Planning Commission of the County of Newell No. 4, established pursuant to this Bylaw. k) "Secretary" means the person appointed by Council to act as Secretary of the Municipal Planning Commission. I) "Subdivision and Development Appeal Board" means the Subdivision and Development Appeal Board established by Council pursuant to the Municipal Government Act. 4. ESTABLISHMENT AND MEMBERSHIP a) The Municipal Planning Commission of the County of Newell No. 4 is hereby established. b) The membership of the Municipal Planning Commission shall consist of: (i) all members of Council, (ii) no person who is a Development Officer or a member of the Subdivision and Development Appeal Board shall be appointed to, or act as, a member of the Municipal Planning Commission. 5. TERM OF OFFICE a) A Council member's term on the Municipal Planning Commission terminates on his or her ceasing to be a member of the Council. —2— 6. APPOINTMENT OF CHAIRPERSON a) The Municipal Planning Commission shall elect a Chairperson, by vote of the majority of the membership, at the Municipal Planning Commission's first meeting following the date of Council's Organizational Meeting. b) The Chairperson shall hold office from the date of the election until the date of the following election. c) A Chairperson may be re- elected to that office. 7. APPOINTMENT OF VICE CHAIRPERSON a) A Vice Chairperson shall be elected under the same rules applicable to the election of the Chairperson. b) The Vice Chairperson shall preside over any business of the Commission in the absence of the Chairperson. 8. APPOINTMENT OF SECRETARY a) The Council shall provide a Secretary to assist the Commission in the performance of its duties. b) The Secretary (or designate) shall attend all meetings of the Commission. 9. QUORUM Six (6) members of the Municipal Planning Commission shall constitute a quorum for the making of decisions. 10. MEETINGS a) The Municipal Planning Commission shall meet at regular intervals to undertake the duties assigned to it by Council. b) The Municipal Planning Commission may: (i) set procedural rules in accordance with accepted practice, (ii) permit delegations to appear before the Commission. 11. DECISIONS a) The decisions of the Municipal Planning Commission shall be by simple majority vote of all members present. b) In the event of a tie vote, the motion shall be considered defeated. c) All decisions of the Municipal Planning Commission shall be recorded by the Secretary. 12. DUTIES OF THE MUNICIPAL PLANNING COMMISSION a) The Municipal Planning Commission, with the assistance of the Development Officer, shall administer the Land Use Bylaw. b) The Municipal Planning Commission is authorized to make decisions with respect to applications for a Development Permit, in addition to the Development Officer. c) The Municipal Planning Commission shall consider and decide upon all development applications referred to it by the Development Officer and may: i. approve the application without conditions, ii. approve the application subject to conditions considered appropriate, or iii. refuse the application citing reasons for such refusal. d) The Municipal Planning Commission is authorized to waive or vary development standards notwithstanding that the proposed development does not comply with the Land Use Bylaw if, in the opinion of the Municipal Planning Commission: i. the proposed development would not: (1) unduly interfere with the amenities of the neighborhood, or (2) materially interfere with or affect the use, enjoyment or value of neighboring properties. ii. the proposed development conforms with the use prescribed for that land or building in the Land Use Bylaw, and iii. the proposed development complies with any adopted statutory plans. e) The Municipal Planning Commission shall receive and note all applications for permitted development approved by the Development Officer. A list of approved, permitted Development Applications shall be submitted to the Commission by the Development Officer at regular intervals. —4— 13. DATE OF COMMENCEMENT This Bylaw comes into force and effect following the Municipal Planning Commission meeting on October 13, 2009. Therefore be it resolved that Bylaw 1680 -09, being a Bylaw to establish the Municipal Planning Commission of the County of Newell No. 4, is hereby enacted and Bylaw 1460 -04 is hereby rescinded. READ a first time this 24 day of September, 2009. READ a second time this 8th day of October, 2009. READ a third time and finally PASSED this 8th day of October, 2009. Reeve Molly Douglass Chi istrative Officer— Kevin Stephenson