The MD of Bonnyville council is attempting to amend a Land Use Bylaw that would allow the municipality to install and operate several municipal services without the requirement of a development permit.
MD council gave first reading to the amendment of bylaw #LU 525, “clarifying that the installation and operation of municipal services, including solid waste management, utility installation, road construction and maintenance, does not require a development permit as set out in section 14 of the bylaw,” at the June 26 regular council meeting.
Reeve Ed Rondeau explained the MD is attempting to “clean up” the bylaw to “un-tie” some of the services slowed down by the requirement of development permits, which provide residents with notification and the opportunity to appeal the installation and operation of services.
“It is our mandate to provide the residents of the MD with quality services,” said Rondeau. “As it stands, one resident could object to a service we are trying to provide on principle, which could affect our ability to provide those services to other residents who might not be opposed to it.”
The MD's issues with requiring a development permit initially arose when the Wasylyks, a family residing in the MD, opposed the installation of two waste collection facilities adjacent to their property near Chatwin Lake.
The Wasylyks were initially told, more than a decade ago, that the facilities would be temporary, however, in recent years the MD made the facilities permanent, without obtaining development permits.
The Wasylyks then took the MD to provincial court where a judge determined the MD would require a permit in order to install and operate waste facilities, such as those at adjacent to the Wasylyks property.
Following the court's ruling, the MD closed the Chatwin Lake site, but left the Model site open and operating.
The MD eventually appealed the court's decision and arguing in front of three justices, the MD again attempted to show it did not require a permit for the waste sites. However, in a ruling made on June 7, all three justices struck down the appeal, asserting the MD requires permits for waste sites and other developments.
The MD then moved ahead with first reading of the amended bylaw, despite the appeal court's decision.
The MD's planning and development director John Foy said the amendment is similar to an amendment that was voted down by council last September, following the provincial court's decision, “but there are sections added to cover more municipal services we provide.”
When made aware of the most recent amendment, Mike Wasylyk said the MD “is again abusing their power and attempting to take away the rights of residents to appeal.” He added, “The Municipal Government Act says the municipality can ‘make changes (to bylaws), without changing the substance of the bylaw.' If they go through with this they would basically be circumventing the law.”
Wasylyk's lawyer, Janice Agrios, said in a letter to the MD, “Once again, it is clear that the MD simply wishes to continue to spend money defending legal actions rather than trying to come up with a proper waste management plan.”
Foy said the MD's taxpayer base does fund legal costs, although he said those funds are set out as operational costs in the annual budget.
A public hearing regarding the amendment of Bylaw #LU 525 will be announced in the coming weeks and is expected to take place in August.
