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## BYLAW NO. 4-2020
## OF THE SUMMER VILLAGE OF LAKEVIEW
## A BYLAW OF THE SUMMER VILLAGE OF LAKEVIEW 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 Lakeview 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
- b) 'Board" means the Subdivision and Development Appeal Board of the Summer Village of Lakeviel established pursuant to this bylaw;
2. "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
- d) "Council" means the Municipal Council for the Summer Village of Lakeview;
- f) "Summer Village" means the Summer Village of Lakeview.
- e) "Member" means a member of the Subdivision and Development Appeal Board; and
7. Establishe subtison and Development Appeal Board (SAB) of the Summer ilage of lakeview is hereby
## 4. Board Members and Terms of Office
- a) The Summer Village of Lakeview shall appoint a minimum of three (3) members to the Board by
- b) No more than one member of council shall be appointed to the Board.
- 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
- 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.
6. Any vacancy caused by the death, retirement or resignation of a member shall be filled by resolution of Council.
- 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;
2. The Board shall hear appeals where a Development Authority or Subdivision Authority or Development Officer or Council:
- ii. issues a development permit subject to condition
- i. issues an order under section 645 of the Municipal Government Act; c
5. iv.
- b) deland shal perion a from any other ers afected yul order decion one no bein and Development Officer.
- c) A decision of the Board shall be made only by those members present at a meeting duly convened.
- d) The decision of the majority of the members present at a meeting duly convened shall be deemed to be
- e) The Board shall hold such meetings as are necessary to fulfill the Board's responsibility.
- f) In determining an appeal, the Board must consider the Subdivision and Development Regulation, the
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## 7.
- b) 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.
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.
## Chairmanship
- b) The appointment of Chairperson shall occur at the beginning of each meeting.
2. Those members in attendance at a meeting shall appoint a Chairperson from amongst those in attendance.
3. 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.
## 8. Responsibilities of the Clerk
- a) The position of Clerk of the Subdivision and Development Appeal Board is hereby created as a Designated Officer position for the Summer Village of Lakeview.
- b) The powers and duties of the Clerk shall be:
3. 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, regulation, or order of the Province of Alberta, either prior to or subsequent to the passage of this bylaw; anc
- 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 by the Clerk.
- ili. 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.
## 9. Training
- b) 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).
- a) 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.
- c) Clerks must take a refresher on the SDAB training every three (3) years to stay current with the roles and responsibilities of the position.
- d) Board Members must not participate in a hearing unless the member has successfully completed a
- e) On or before January 1st 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.
## Remuneration and Traveling Expenses
- The rates for remuneration, traveling and other expenses of the Board Member and Clerk shall be the rates prescribed in Schedule "A".
- Appeal Fees 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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## 11.
## 14. Effective Date
This Bylaw shall come into full force and effect, on the date of third and final reading.
Read a first time this 18th day of September 2020. Read a second time this 18th day of September 2020. Read a third and final time this 18th day of September 2020.
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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
- c) Reimbursement of postage, photocopying and office supplies
- b) Mileage - $0.55 per kilometer