117.3. A by-law which includes a provision enacted under section 117.1 must establish rules for calculating the area of the land or servitude to be transferred or the amount to be paid.
The by-law may, for that purpose, define classes of lands or servitudes according to the uses for which the sites and immovables found thereon may be intended, or according to their area, or according to both such criteria, delimit parts of the territory to which the provision applies or form combinations based on a class of lands or servitudes and part of a territory. The calculation rules established under the first paragraph may vary according to those classes, parts or combinations.
The rules shall vary according to whether the condition prescribed is an undertaking or a payment only, or both an undertaking and a payment. The rules must also take into account, in favour of the owner, any transfer or payment made previously in respect of all or part of the site, as well as any undertaking to transfer a parcel of land or a servitude made under subparagraph 7.1 of the second paragraph of section 115.
1993, c. 3, s. 57; 2017, c. 13, s. 9; 2021, c. 72021, c. 7, s. 111; 2023, c. 122023, c. 12, s. 60112023, c. 122023, c. 12, s. 6013.