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- b)
- c) A decision of the Board shall be made only by those members present at a meeting duly convened.
- e) The Board shall hold such meetings as are necessary to fulfill the Board's responsibility.
- d) The decision of the majority of the members present at a meeting duly convened shall be deemed to be the decision of the Board.
- f) In determining an appeal, the Board must consider the Subdivision and Development Regulation, the
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## BYLAW NO. 4-2020
## OF THE SUMMER VILLAGE OF BETULA BEACH
## A BYLAW OF THE SUMMER VILLAGE OF BETULA BEACH IN THE PROVINCE OF ALBERTA
## FOR THE PURPOSE OF ESTABLISHING A SUBDIVISION AND DEVELOPMENT APPEAL BOARD
WHEREAS Section 627 of the Municipal Government Act Chapter M-26, RSA 2000 requires each municipality to establish a Subdivision and Development Appeal Board;
NOW THEREFORE the Council of the Summer Village of Betula Beach in the Province of Alberta, duly assembled, enacts as follows:
## 1. Title
- a) This Bylaw may be cited as the Subdivision and Development Appeal Board Bylaw.
## 2. Definitions
- "Board" means the Subdivision and Development Appeal Board of the Summer Village of Betula Beach established pursuant to this bylaw;
- a) "Act" means the Municipal Government Act RSA 2000 Chapter M-26 and regulations made under the Municipal Government Act, as amended;
- c) "Clerk" means the person appointed to the designated officer position as Clerk of the Subdivision and Development Appeal Boaro
- e) "Member" means a member of the Subdivision and Development Appeal Board; and
- d) "Council" means the Municipal Council for the Summer Village of Betula Beach
- f) "Summer Village" means the Summer Village of Betula Beach.
## 3. Establishment of the Board
- The Subdivision and Development Appeal Board (SDAB) of the Summer Village of Betula Beach is hereby established
## 4. Board Members and Terms of Office
- b) No more than one member of council shall be appointed to the Board.
- a) The Summer Village of Betula Beach shall appoint a minimum of three (3) members to the Board by resolution of Council.
- c) No person who is empowered to make development decisions including a Development Officer, a member of a Municipal Planning Commission or employee of the Summer Village shall be appointed to act as a member of the Board.
- e) Any vacancy caused by the death, retirement or resignation of a member shall be filled by resolution of Council.
- d) Each Board Member and the Clerk of the SDAB shall be appointed for a term not to exceed three (3) years and may be re-appointed upon the expiry of its members; more than one clerk may be appointed.
- f) All members may remain in office until any meeting obligations have concluded and their respective successors are appointed.
- g) Council shall be at liberty to remove and replace any member of the Board at any time prior to the expiry date of the member's term of office, and any member of the Board may resign therefrom at any time upon sending written notice to Council.
## 5. Functions, Powers and Duties of the Board
- i. refuses or fails to issue a development permit to a person within 40 days of receipt of the application;
- a) The Board shall hear appeals where a Development Authority or Subdivision Authority or Development Officer or Council:
- il. issues a development permit subject to conditions;
- ili. issues an order under section 645 of the Municipal Government Act; or
- iv. issues a decision on a subdivision application.
## 7.
## 9.
Provincial Land Use Policies, the Alberta Land Stewardship Act and application regional plan, the Summer Village's Municipal Development Plan and other Summer Village statutory plans, the Summer Village's Land Use Bylaw and other pieces of legislation, regulation or policies when applicable.
- These members in attendance at a meeting shall appoint a Chairperson from amongst those in
- The appointment of Chairperson shall occur at the beginning of each meeting
- There must be three (3) members of the Board to constitute a quorum for the making of all decisions and for doing any action required or permitted to be done by the Board.
- The Board may open a meeting where the Board does not have sufficient meeting quorum for the purpose of making a decision to adjourn the meeting to a different date and time.
- Responsibe poston of eke The position of Clerk of the Subdivision and Development Appeal Board is hereby created as a
- b)
- To carry out all obligations imposed upon the Clerk pursuant to the Act and regulations
- ii. to carry out all duties delegated to the Clerk by bylaw or resolution of Council or by any other statute, of tulator, or nder of the Province of Alberta, either prior to or subsequent to the
- c) The Clerk shall carry out such other duties as may be designated by the Board from time to time. An order, decision, approval, notice or other thing made or given by the Board shall be signed on its behalf
- to delegate the performance of any duties, powers or obligations of the Clerk to such person or corporation as the Clerk finds appropriate.
- d) Hearings on appeals filed will be held at a location established by the Clerk.
- Board Members and Clerks are required to undergo mandatory training based on a standard training program to be approved by the Minister of Municipal Affairs.
- Clerks must take a refresher on the SDAB training every three (3) years to stay current with the roles and responsibilities of the position.
- Each Member must take a refresher course every three (3) years to stay current on appeal matters (such as changes in law, planning and/or administration).
- d) Board Members must not participate in a hearing unless the member has successfully completed a training program.
- e) On or before January Ist each year the municipality must submit an annual report to the province containing information on the number of Clerks and Members they have appointed, and those who have completed and enrolled in the required Subdivision and Development Appeal Board training.
## 10. Remuneration and Traveling Expenses
- a) The rates for remuneration, traveling and other expenses of the Board Member and Clerk shall be the rates prescribed in Schedule "A".
2. The fee to be paid by an appellant for filing an appeal with the Subdivision and Development Appeal Board shall be as per the Fees and Charges Bylaw approved by Council.
## Severability
- Should any provision of the Bylaw be found to be invalid, the invalid provision shall be severed and the remaining Bylaw shall be maintained
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## Effective Date
- This Bylaw shall come into full force and effect, on the date of third and final reading.
Read a first time this 16th day of September 2020. Read a second time this 16th day of September 2020. 16th day of September 2020.
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Rob Dickie, Mayor
Amant Even
Susan H. Evans, Chief Administrative Officer
Read a third and final time this A man ord
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## Schedule "A"
## Fees for Subdivision and Development Appeal Board
1. Board Members
- a) Four (4) hours or less - $170.00
- c) Mileage - $0.55 per kilometer
- b) Over four (4) hours per day - $340.00
2. Clerk
- a) Hourly - $60.00
- b) Mileage - $0.55 per kilometer
- c) Reimbursement of postage, photocopying and office supplies
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