BYLAW NO. 1363/2005 OF THE TOWN OF SYLVAN LAKE

Transcription

1 BYLAW NO. 1363/2005 OF THE TOWN OF SYLVAN LAKE A BYLAW OF THE TOWN OF SYLVAN LAKE IN THE PROVINCE OF ALBERTA TO ESTABLISH A MUNICIPAL PLANNING COMMISSION. WHEREAS pursuant to the Municipal Government Act, RSA 2000, Chapter M-26, and amendments there to Council may by bylaw establish a Municipal Planning Commission; NOW THEREFORE the Council of the Town of Sylvan Lake, duly assembled hereby enacts as follows: 1. TITLE This Bylaw may be cited as the Municipal Planning Commission Bylaw. 2. DEFINITIONS a. Act means the Municipal Government Act, RSA 2000, Chapter M-26, as amended; b. Applicant means a person who applies to the Development Authority for a subdivision approval, development permit or Compliance Certificate; c. Commission means the Municipal Planning Commission of the Town of Sylvan Lake established pursuant to this Bylaw; d. Chief Administrative Officer means the Chief Administrative Officer as appointed by Council for the Town of Sylvan Lake e. Council means the Council of the Town of Sylvan Lake; f. Development Authority means: i. the Development Officer as appointed to the position of Development Officer pursuant to the Land Use Bylaw and any employee to whom the Chief Administrative Officer has delegated authority to carry out the duties or functions of a Development Officer; ii. The Commission in respect to any matter assigned to it under the Land Use Bylaw, by Council or referred to it by the Development Officer. g. Land Use Bylaw means the Town of Sylvan Lake Land Use Bylaw;

2 h. Member means a member of the Municipal Planning Commission appointed pursuant to this Bylaw; i. Town means the Town of Sylvan Lake. 3. ESTABLISHMENT The Municipal Planning Commission is hereby established. 4. COMPOSITION OF BOARD a. Council shall appoint the Members of the Board at its annual organizational meeting; b. The Board shall consist of four citizens at large and three representatives of Council; c. Council will also appoint one member of Council to serve as an alternate member of the Board, who, if the regular Council Board Member is unable to participate in a meeting, will serve in his/her place; d. A Member of the Board shall not include: i. Development Authority; ii. A Member of the Subdivision and Development Appeal Board; iii. An employee of the Town. Amm. October 2009: 1522/ TERM OF OFFICE a. Each Citizen at Large Member shall be appointed at the organizational meetings of Council for a term of one year; b. Each Member of Council shall be appointed at the Organizational Meetings of Council for a term of one year; c. Upon application, a Member may be reappointed to the Commission upon the expiration of that person s term; 6. VACANCIES & DISQUALIFICATION a. In the event of a vacancy, Council may appoint by resolution a new Member to serve for the remainder of the vacating Member s term; Page 2 of 5 Last Consolidated June 2006

3 b. If a Member misses three (3) consecutive meetings without the authorization of the Commission, that Member is disqualified and the position becomes vacant. 7. QUORUM & MEETINGS a. A quorum of the Commission shall consist of four Members, of which no less than two shall be members of Council. b. The Commission shall meet on the first and third Mondays of each and every month. c. A meeting may be rescheduled by resolution of the Commission. 8. APPOINTMENT OF CHAIR & VICE CHAIR a. The Commission shall appoint a Chair and Vice Chair at its first meeting. b. Members may be re-appointed to the positions of Chair and Vice Chair. 9. PROCEDURE MATTERS a. In the event of absence or inability of the Chair to preside at a Commission meeting, the Vice Chair shall preside, and in the event of the absence or inability of both the Chair and the Vice Chair to preside at a meeting of the Commission, the Members present in constituting a quorum shall elect one of its Members to act as Chair. b. If any member of the Commission has any interest, whether direct or indirect, in any matter before the Commission, the member shall declare such interest to the Commission before discussion of the matter, and shall not participate in the deliberations or vote upon the matter. The abstention shall be recorded in the minutes. c. If a Member of the Commission who, for any reason, is unable to attend the whole of a presentation shall not participate in the deliberations or the decision made by the Commission. d. A decision of the majority of Members present at a duly convened meeting of the Commission shall be deemed to be a decision of the whole Commission. A Decision of the Commission is not final until it is issued in writing. e. In the event of a tie vote, the matter before the Commission shall be deemed to be denied or defeated. f. For any procedures not covered in Part 17 of the Act or by Bylaw of the Town, the Commission may establish procedures for the conduct of meetings. Page 3 of 5 Last Consolidated June 2006

4 10. FUNCTIONS AND DUTIES a. The Commission has the following functions and duties: i. To advise Council with respect to achieving the orderly, economical and beneficial development, use of land and patterns of human settlement and to maintain and improve the quality of the physical environment within which the patterns of settlement are situated in the Town; ii. To serve as Subdivision Authority pursuant to the Act and as empowered by the Subdivision Authority Bylaw for the Town; iii. To serve as Development Authority pursuant to the Act and as empowered by the Development Authority Bylaw for the Town in respect to those powers and duties assigned to the Commission under the Land Use Bylaw of the Town. b. The Commission shall hold meetings and undertake such actions as are necessary to fulfill the powers and duties of the Commission. c. Applications for subdivision approval referred to the commission shall be considered and either approved, with or without conditions, or refused in accordance with the Act and any regulations made thereunder. d. A decision on an application for subdivision approval must be given forthwith to the Applicant and any other persons and bodies required in the Act. e. Development permit applications referred to the Commission shall be considered and either approved, with or without conditions, or refused in accordance with the Land Use Bylaw and the Act and any regulations made thereunder. f. A decision on an application for a development permit must be given forthwith to the applicant and any other persons and bodies required in the Land Use Bylaw. 11. APPOINTMENT OF SECRETARY a. The Chief Administrative Officer shall appoint a Secretary to the Board to assist the Board in performance of its duties. b. The Secretary shall attend all meetings of the Board in an advisory role, and shall not vote on any matters before the Board. c. The Secretary shall: i. Notify all Members of the Commission of the meetings of the Commission; ii. Prepare and maintain a file of written minutes of meetings of the Commission; Page 4 of 5 Last Consolidated June 2006

5 iii. Record decisions of the Commission and issue the decision to all affected parties; iv. Be authorized to sign on behalf of the Commission any order, decision, approval, notice, or other document made, given or issued by the Commission; v. Undertake other duties as Council or the Commission may require. 12. DEVELOPMENT FEES a. An Applicant shall pay to the Town the applicable Fees, as outlined in The Town of Sylvan Lake Land Use Bylaw 13. REPEAL OF BYLAWS: Amm. S a June 2008: 1469/2008 a. Upon the coming into force of this Bylaw, the members of the Board appointed pursuant to Bylaw number 1081/95 (as amended) are continued as members of the Board under this Bylaw until new members are appointed in accordance with this Bylaw. b. Bylaw numbers 1081/95 (as amended) & 1080/95 (as amended) of the Town of Sylvan Lake are hereby repealed. c. This Bylaw shall come into force and effect upon the date of the passing of the third and final reading. Read a first time this 10 th day of October Read a second time this 24 th day of October Read a third time and passed this 24 th day of October Mayor Bryan G. Lambertson Chief Administrative Officer H. Dietz Page 5 of 5 Last Consolidated June 2006