Mountain View County council has given first reading to mandatory land use bylaw amendments related to development permits, changes that are required under the updated Municipal Government Act (MGA).
Councillors also set a public hearing date to consider the amendments.
The moves came during the recent regularly scheduled council meeting with all councillors present.
In a briefing note to council, administration outlined some of the changes being proposed under the updated legislation include the following:
• Complete applications -- A new provision allowing 20 calendar days after submission to determine if an application for development permit or subdivision is complete and requires an acknowledgement to be provided to the applicant. If a determination is not made in the 20 calendar day time frame, the application for development permit or subdivision is deemed complete. Previously, there was no legislative time provision to determine if an application is complete and no requirement to acknowledge the completeness of an application.
• Refusal of applications – A notice of decision shall be issued with the reason or reasons for refusal if a development permit or subdivision application is deemed refused as a result of an incomplete application. Previously, there was no requirement to issue a notice of decision with reason or reasons for refusal for an incomplete development permit or subdivision application.
• Notice of decision – The notice of decision for a development permit must be given or sent the day the decision is made. Previously, there was no requirement to give or send the decision on the day the decision was made.
• Appeal timeline – The appeal deadline is within 21 days after the date of decision of a development permit or stop order. New provisions do not allow a refused development permit as a result of incomplete application to appeal to the subdivision appeal board and the re-submission timeline does not apply.
The new appeal timeline will result in a change: the county website shall serve as the notice to start the appeal process. Notification of the decision by mail to adjacent landowners shall continue to be sent. However, the appeal period will start on the date of the decision and be posted on the website on the same day.
Previously, the appeal deadline for development permits and stop orders was 14 days.
Bylaw amendments are also being proposed regarding the hierarchy of plans used by the municipality. Those changes are also required under the new MGA.
One change would make the intermunicpal development plan the highest statutory plan. Currently, the municipal development plan is the highest statutory plan.
A revised definition of reserve lands/environmental reserve would read "natural features that would present a significant risk of personal injury or property damage during development or use of the land."
Regarding intermunicipal issues, the proposed amendment would see "mandatory intermunicipal development plans with neighbouring municipalities (urban and rural)" and "mandatory intermunicipal collaborative frameworks with neighbouring municipalities."
Councillors set March 14 as the public hearing date to consider the proposed amendments.
