The Town of Bruderheim's Subdivision and Development Appeal Board (SDAB) performs an important role in the planning process. The SDAB is a board of residents who review all development objections or appeals. The Board's authority is derived from the Municipal Government Act, Part 17. This planning legislation, and the various officials acting under the legislation, perform a balancing function.
In instances where a development permit application or an application for subdivision is refused, the applicant has the right to file an appeal to the SDAB. An appeal may be commenced by filing a notice of appeal within 14 days of receipt of the written decision of the development or subdivision authority, or, for a deemed refusal of an application by the development or subdivision authority.
Subdivision appeals may be made by the applicant, the government departments that the application was referred to for comment, Town Council, or a school authority (on issues limited to allocation, location or amount of money in relation to, or in place of, municipal school reserves).
Upon receiving written notice of an appeal, the SDAB must hold a hearing within 30 days. At the hearing, the Board may consider representations from the appellant, the Development Officer, the Planning Officer, and any other person claiming to be affected by the decision or permit.
The SDAB must give a written decision within 15 days of the hearing's conclusion. A decision of the SDAB can be appealed to the Alberta Court of Appeal on questions of law or jurisdiction only.
No provision is made for adjacent landowners to be appellants. However, adjacent owners who were given notice of the subdivision approval are entitled to notice of the appeal hearing of the SDAB and are entitled to be heard at the Board hearing.
In some cases, as set out in the Municipal Government Act, such as proximity to a body of water or a sewage treatment facility, it may be necessary for a subdivision appeal to be heard by the Municipal Government Board, which is a provincial, not municipal, authority.