3.0.0
Duties and Responsibilities
3.1.0 Development Officer
3.1.1
The office of Development Officer is established and one or more employees of the Town shall be appointed by resolution of Council to this position.
3.1.2
a. shall receive and review development permit applications to determine if they are complete;
b. shall refer to the Municipal Planning Commission for decision on an application for a development permit for a discretionary use or a use deemed to be a discretionary use pursuant to s.2.3.3;
c. may refer a development permit application to any municipal, federal, or provincial department or any other agency or body deemed appropriate. Any comments received are not binding;
d. shall consider and decide upon a development permit application for a temporary use;
e. shall refer development permit applications described under s.2.3.3 and s.3.1.3 to the Municipal Planning Commission;
f. may, at his discretion, refer to the Municipal Planning Commission for decision an application for a permitted use, in which case the Municipal Planning Commission may approve or reject an application as per s.4.5.1 to s.4.5.5;
g. shall receive, review, and refer any applications to amend this Bylaw to Municipal Planning Commission and Council;
h. shall keep and maintain, for inspection by the public during normal office hours, a copy of this Bylaw, as amended; a register of all development permit applications and the decisions; and shall ensure that copies of the Bylaw and amendments are available to the public at the fee prescribed by Council;
i. may decide upon an application for a home occupation type 1 provided it conforms in every respect to the provisions of the Act, the Banff National Park Management Plan, all applicable statutory plans and this Bylaw; and
j. shall perform other such duties as described or implied elsewhere in this Bylaw.
3.1.3
Applications for a development permit for a sign or tree removal shall be decided by a Development Officer except where a proposed sign or tree removal is part of an application for another type of discretionary use, then the Municipal Planning Commission shall decide the whole of the application.
3.2.0 Municipal Planning Commission (MPC)
3.2.1
The Municipal Planning Commission (MPC) is hereby established.
3.2.2
The MPC shall consist of eight members being:
a. two Councillors
b. five public members
c. one person nominated by the Federal Minister
The Director of Environmental Services or the Director of Community Services will be appointed as a non-voting member. The members of the MPC shall be appointed by resolution of Council at the annual organizational meeting of Council. A person may be reappointed on the expiry of each one-year term, to the maximum number of years as provided in the Town of Banff Committee Policy, provided the person is otherwise eligible.
3.2.3
No member of Council nor any employee of the Town, except as specifically allowed in s.3.2.2, shall be eligible to be a member of the MPC.
3.2.4
A member of the MPC is not disqualified from participating in a decision of MPC by reason only of his being an employee of the Government of Canada, or an agency thereof.
3.2.5
If at any time, through resignation, death or otherwise, a vacancy occurs on the MPC, the Council shall appoint a person to fill that vacancy for the balance of the term. When appointing a person to fill a vacancy, the Council shall be bound by the restrictions placed upon the original appointment.
3.2.6
The MPC shall elect its own chairman and another member as vice-chairman. In the absence of the chairman, the vice-chairman shall act as chairman. In the absence of both, the MPC shall elect a chairman for that meeting.
3.2.7
The MPC will meet at the call of the chairman or vice-chairman.
3.2.8
Four members present at the meeting shall constitute a quorum.
3.2.9
Notwithstanding any vacancy or abstention on the MPC, the remaining members may exercise and perform the duties of the MPC, provided the quorum is maintained.
3.2.10
The MPC shall:
a. decide upon all development permit applications referred to it by a Development Officer;
b. decide upon all applications for subdivision approval;
c. make recommendations to Council in respect of applications to amend this Bylaw;
d. provide an opinion to a Development Officer with respect to an application referred to it pursuant to s.3.1.2(b); and
e. perform such other duties as described or implied in this Bylaw or as may be assigned to it by Council.
3.2.11
The MPC is not required to hear any representations with respect to any matter over which it makes a decision or recommendation.
3.2.12
The MPC 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 MPC. If the vote results in a tie, the motion is rejected.
3.3.0 Development Appeal Board (DAB)
3.3.1
The Development Appeal Board (DAB) is hereby established and shall hear all appeals in respect of orders made under s.627 of the Act, development permit applications and subdivision applications.
3.3.2
The DAB shall consist of a minimum of five members being two Councillors, a minimum of two members of the public and one person, or 20% of the Board Members, nominated by the Minister. The appointment of a Councillor as a member of the DAB ceases when the member ceases to be a member of Council.
3.3.3
The members of the DAB shall be appointed by resolution of Council at the annual organizational meeting of Council. A person may be reappointed on the expiry of the annual term, provided the person is otherwise eligible.
3.3.4
If at any time, through resignation, death or otherwise, a vacancy occurs on the DAB, the Council shall appoint a person to fill that vacancy for the balance of the term. When appointing a person to fill a vacancy on the DAB, the Council shall be bound by the restrictions placed upon the original appointment.
3.3.5
No person who is a Town employee shall be appointed a member of the DAB.
3.3.6
A member of the DAB is not disqualified from participating in deciding an appeal before the DAB by reason only of his being an employee of the Government of Canada, or an agency thereof, and that the land that is the subject of the appeal is owned by Her Majesty the Queen in Right of Canada.
3.3.7
The DAB shall elect its own chairman and another member as vice-chairman. In the absence of the chairman, the vice-chairman shall act as chairman. In the absence of both, the DAB shall elect a chairman for that meeting.
3.3.8
The DAB will meet at the call of the chairman or vice-chairman.
3.3.9
Three members present at the meeting shall constitute a quorum.
3.3.10
Notwithstanding any vacancy or abstention on the DAB, the remaining members may exercise and perform the duties of the DAB, provided the quorum is maintained.
3.3.11
At the hearing of the appeal, the DAB shall hear all those persons that it is required to hear under the Act.
3.3.12
At the hearing of the appeal, should the DAB desire legal opinions it may adjourn the hearing pending receipt of such information, opinion or other assistance.
3.3.13
The Chairman shall be responsible with respect to all things required to be carried out by the DAB under the Act to see that they are carried out in accordance with the provisions of the Act, and:
a. is empowered to rule that evidence presented is irrelevant to the matter in issue and to direct the members to disregard the evidence;
b. may limit a submission if he determines it to be repetitious;
c. when a hearing is adjourned, may announce the date, time and place for the continuation of the hearing and such announcement shall be deemed adequate notice thereof; and
d. when a hearing is adjourned but the time and place for the continuation of the hearing is not fixed, shall announce that notice of the continuation of the meeting will be sent to those persons leaving their name and address with the Secretary. Thereafter, only those persons leaving their name and address shall be entitled to notice of the continuation of the hearing.
3.3.14
After hearing all submissions, the DAB 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 DAB. If the vote results in a tie, the appeal is lost.
3.3.15
The Secretary or Chairman may make a verbal announcement of the DAB’s decision at the conclusion of the hearing of an appeal, but the verbal decision is neither final nor binding on the DAB, and no rights are conferred upon any party by the DAB’s decision until notice of the decision has been given in accordance with the Act.
3.3.16
The DAB shall give its decision and reasons in accordance with the Act to the applicant, the appellant, and those affected persons who gave their name and address to the Secretary during the hearing.
3.3.17
The Secretary shall, under the direction of the DAB:
a. notify all members of the meetings of the DAB;
b. keep available for public inspection before the commencement of the public hearing all relevant documents and materials respecting an appeal under the Act, including the application for the development permit or subdivision, and the appeal therefore, or the order of a Development Officer under s.645 of the Act, as the case may be;
c. make and keep a written record of the proceedings of the DAB which shall include:
i. a summary of the evidence presented at the hearing,
ii. the decision of the Development Approving Authority,
iii. the Notice of Appeal and Hearing of the Appeal,
iv. the DAB’s decision, including reasons, for each appeal,
v. keep a list of names and addresses of persons who leave their names and addresses with the Secretary.
d. keep a record of all business coming before the DAB and after the adoption of the minutes of each meeting of the DAB, transmit a copy of the minutes to Council.