A-19.1 - Act respecting land use planning and development

Section 117.2 Disposition versions

2023-06-01

117.2. The prerequisite condition prescribed under section 117.1 may be any of the following: the owner undertakes to transfer, free of charge, to the municipality a parcel of land or a servitude which, in the opinion of the council or executive committee, is suitable for the establishment or enlargement of a park or playground or for the preservation of a natural area, or the owner pays an amount to the municipality, or the owner makes both the undertaking and the payment. The by-law may specify in which cases each of such obligations applies, or provide that the council or the executive committee shall decide in each case which obligation is applicable.

However, none of the conditions set out in the first paragraph may be imposed in the case of

(1)  a cancellation, correction or replacement of lot numbers which does not result in an increase of the number of lots; or

(2)  a plan relating to a cadastral operation or a building permit, in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), where such an operation is carried out or such a permit is issued solely for agricultural purposes.

The by-law may specify any other case in which none of the conditions may be imposed.

The land or servitude which the owner undertakes to transfer to the municipality must form part of the site. However, the municipality and the owner may agree that the undertaking pertains to land or a servitude which forms part of the territory of the municipality but is not included in the site.

For the purposes of this division,

(1)  the word “site” means, as the case may be, the site of the immovable referred to in the second paragraph of section 117.1 or the land included in the plan referred to in the first paragraph of that section;

(2)  the acquisition of a servitude by a municipality entails the right to develop the site of the servitude, in particular by the construction of infrastructures or equipment the use of which is inherent in the use or maintenance of a park, playground or natural area; and

(3)  no term may be stipulated with respect to a servitude acquired by a municipality.

1993, c. 3, s. 57; 2001, c. 68, s. 1; 2023, c. 12, s. 59.

2002-01-01

117.2. The prerequisite condition prescribed under section 117.1 may be any of the following: the owner undertakes to transfer, free of charge, to the municipality a parcel of land which, in the opinion of the council or executive committee, is suitable for the establishment or enlargement of a park or playground or for the preservation of a natural area, or the owner pays an amount to the municipality, or the owner makes both the undertaking and the payment. The by-law may specify in which cases each of such obligations applies, or provide that the council or the executive committee shall decide in each case which obligation is applicable.

However, none of the conditions set out in the first paragraph may be imposed in the case of a cancellation, correction or replacement of lot numbers which does not result in an increase of the number of lots. The by-law may specify any other case in which none of the conditions may be imposed.

The land which the owner undertakes to transfer to the municipality must form part of the site. However, the municipality and the owner may agree that the undertaking pertains to land which forms part of the territory of the municipality but not included in the site.

For the purposes of this division, the word “site” means, as the case may be, the site of the immovable referred to in the second paragraph of section 117.1 or the land included in the plan referred to in the first paragraph of that section.

1993, c. 3, s. 57; 2001, c. 68, s. 1.

1993-05-01

117.2. The prerequisite condition prescribed under section 117.1 may be any of the following: the owner undertakes to transfer, free of charge, to the municipality a parcel of land which, in the opinion of the council or executive committee, is suitable for the establishment or enlargement of a park or playground or for the preservation of a natural area, or the owner pays an amount to the municipality, or the owner makes both the undertaking and the payment. The by-law may specify in which cases each of such obligations applies, or provide that the council or the executive committee shall decide in each case which obligation is applicable.

However, none of the conditions set out in the first paragraph may be imposed in the case of a cancellation, correction or replacement of lot numbers which does not result in an increase of the number of lots. The by-law may specify any other case in which none of the conditions may be imposed.

The land which the owner undertakes to transfer to the municipality must form part of the site. However, the municipality and the owner may agree that the undertaking pertains to land which forms part of the territory of the municipality but not included in the site.

For the purposes of this division, the word “site” means, as the case may be, the site of the immovable referred to in the first paragraph of section 117.1 or the land included in the plan referred to in the second paragraph of that section.

1993, c. 3, s. 57.