126-20 Subdivision and Development Appeal Board Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 19adef8c9597 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITATION PURPOSE ## BYLAW NO 126-20 ## SUMMER VILLAGE OF WHISPERING HILLS SUBDIVISION DEVELOPMENT AND APPEAL BOARD BYLAW WHEREAS, Pursuant to section 627 of the Municipal Government Act, S.A, 2000, c, M-26, Council must by bylaw establish a subdivision and development appeal board; AND WHEREAS, pursuant to section 628 of the Municipal Government Act a bylaw under section 627 must provide for the applicable matters described in section 145(b), and prescribe the functions and duties of the subdivision and development appeal board; AND WHEREAS, pursuant to section 145, of the Municipal Government Act, Council may pass bylaws in relation to the procedures to be followed by Council, council committees and other bodies established by the Council AMD WHEREAS, the Council of the Summer Village of Whispering Hills is a member of the Capital Region assessment Services Commission, a Commission established pursuant to Alberta Regulation 77/96: and, AND WHEREAS. Pursuant to section 154 of the Municipal Government Act the chief elected official is a member of all council committees and bodies to which Council has the right to appoint members under the Municipal Government Act unless Council provides otherwise NOW THEREFORE, the Council of the Summer Village of Whispering Hills Council enacts as follows: ## PART 1- PURPOSE, DEFINITIONS AND INTERPRETATION 1. This bylaw may be cited as the "Subdivision and Development Appeal Board Bylaw". 2. The purposes of this bylaw are: - (1) To establish the Subdivision and Development Appeal Board; - (2) To prescribe the functions and duties for, and to establish procedures to be followed by, the Subdivision and Development Appeal Board. INTERPRETATION 3. The headings in this bylaw are for reference purposes only. 4. References to enactments and bylaws in this bylaw include amendment and replacement enactments and bylaws, and regulations and orders made in accordance with them. ## DEFINITIONS 5. In this bylaw, wortds have the meaning given to them in this section, but if not defined in this bylaw, they have the same meaning as they do in the Municipal Government Act: - (1) "Chief Commissioner" means the chief administrative officer of the Summer Village of Whispering Hills. - (2) "Clerk" means the designated officer appointed as clerk of the Subdivision and Development Appeal Board accordance with section 456 of the Municipal Government Act; - (3) "Council" means the municipal council of the summer village; - (4) "Summer Village" means the Summer Village of Whispering Hills. - (5) "Mayor" means the chief elected official of the summer village; - (6) "Member" means an individual who is appointed to the Subdivision and Development Appeal Board; - (7) "Municipal Government Act" means the Municipal Government Act, RSA 2000, c M-26; - (8) "Subdivision and Development Appeal Board: means the subdivision and development appeal board established pursuant to this bylaw in accordance with section 627 of the Municipal Government Act. ## PART II - ESTABLISHMENT AND CONDUCT OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD - ESTABLISHMENT 6. Council establishes the Subdivision and Development Appeal Board. ## CONDUCT AND PRODEDURES 7. The Subdivision and Development Appeal Board will conduct itself in accordance with the Municipal Government Act, and the Summer Village bylaws, policies and procedures. 2. FUNCTIONS AND 8. The Subdivision and Development Appeal Board will perform the functions DUTIES and due of pal diver end development appeal board in accordance ## RESOURCES 9. Administrative support and resources will be provided to the Subdivision and Development Appeal Board as directed by the Chief Commissioner. INELIGIBILITY APPOINTMENTS ## PART III - MEMBERSHIP OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD 10. The following persons may not me Members: - (1) The Mayor; - (2) Members of Council; - (3) An employee of the Summer Village; - (4) Any person who was an employee of the Summer Village in the year prior to the date of appointment as a Member; - (5) Any other person who is not eligible to be a Member as set out in the Municipal Government Act. 11. Council will appoint Members as required by the Municipal Government Act and in accordance with Summer Village bylaws, policies and procedures. 12. Ceve mill Appet parsons as Members of the Subdivsion and 13. Council may revoke the appointment of any Member if the Member does not comply with any term of this bylaw. 14. Members will be appointed at the pleasure of Council as required and for as long as required. 11. REMUNERATION 15. Remuneration and expenses, if any, for Members will be set by Summer Village council resolution. TRAINING CONDUCT ELECTION DUTIES 16. Members will meet the requirements set out in the Municipal Government Act to be qualified to participate in a hearing promptly after appointment or re-appointment and, in any event, must do so prior to participating in a hearing. 17. Members will conduct themselves in accordance with the Municipal Government Act, and Summer Village bylaws, policies and procedures. ## PART IV - CHAIR AND VICE-CHAIR OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD 18. At the first meeting of each calendar year, the Subdivision and Development Appeal Board will elect a chair and vice chair from among the members. 19. The chair shall preside at all meetings of the Subdivision and Development Appeal Board. If the chair is unable to perform the chair's duties, the vicechair will perform them. ## PART V - MEETINGS, QUORUM AND DECISIONS     ## MEETINGS ## QUORUM DECISIONS ## CLERK DUTIES ## TRANSITIONAL REPEAL COMING INTO FORCE 20. The Subdivision and Development Appeal Board will meet as many tines as necessary to fulfill its obligations pursuant to this bylaw. 21. Quorum is met by the attendance of 2 members. 22. In arriving at its decision, the majority vote of those Members present at the hearing will constitute the decision of the Subdivision and Development Appeal Board. If there are an equal number of votes for and against the appeal, the appeal is denied. ## PART VI - CLERK OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD 23. The Clerk will meet the qualification requirements and fulfill their duties as set out in the Municipal Government Act, and will act in accordance with the summer village bylaws, policies and procedures. ## PART VII - TRANSITIONAL PROVISIONS, REPEAL AND COMING INTO FORCE 24. On the coming into force of this bylaw, any alternate member of the SDAB is deemed to be a Member. 25. Summer Village bylaw 57-95 is repealed. 26. This bylaw comes into force on the day it is signed. READ A FIRST TIME THIS 8L DAY OF - 2020. READ A SECOND TIME THIS 8th DAY OF May, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 8 tDAY OF. May - 2020. Mayor GERp Chief Administrative Officer