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A-19.1 - Act respecting land use planning and development

Section 145.38
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145.38. The council shall, after consulting with the advisory planning committee, grant or refuse an application for authorization of a specific proposal submitted to it in accordance with the by-law.
The resolution by which the council grants the application shall provide for any condition, having regard to the jurisdiction of the municipality, that must be satisfied in relation to the carrying out of the proposal.
Sections 124 to 137, 137.2 to 137.5 and 137.15 apply, with the necessary modifications, in respect of the resolution by which the council grants the application; however, where there is no metropolitan plan or RCM plan in force in the territory of the municipality, section 137.16 applies instead of sections 137.2 to 137.5 and 137.15. For that purpose, the resolution is subject to approval by way of referendum where the specific proposal is at variance with a provision referred to in subparagraph 1 of the third paragraph of section 123, subject to the first paragraph of section 123.1.
However, sections 125 to 127 and 145.39 do not apply with respect to a resolution whose sole purpose is to authorize the carrying out of a project that relates to housing intended for persons requiring protection.
The resolution by which the council refuses the application shall state the grounds for the refusal.
As soon as practicable after the coming into force of the resolution, the clerk or the clerk-treasurer shall transmit a certified copy of the resolution to the applicant.
2002, c. 37, s. 26; 2002, c. 68, s. 52; 2010, c. 10, s. 70; 2021, c. 31, s. 132; 2023, c. 12, s. 85.
145.38. The council shall, after consulting with the advisory planning committee, grant or refuse an application for authorization of a specific proposal submitted to it in accordance with the by-law.
The resolution by which the council grants the application shall provide for any condition, having regard to the jurisdiction of the municipality, that must be satisfied in relation to the carrying out of the proposal.
Sections 124 to 137, 137.2 to 137.5 and 137.15 apply, with the necessary modifications, in respect of the resolution by which the council grants the application; however, where there is no metropolitan plan or RCM plan in force in the territory of the municipality, section 137.16 applies instead of sections 137.2 to 137.5 and 137.15. For that purpose, the resolution is subject to approval by way of referendum where the specific proposal is at variance with a provision referred to in subparagraph 1 of the third paragraph of section 123.
The resolution by which the council refuses the application shall state the grounds for the refusal.
As soon as practicable after the coming into force of the resolution, the clerk or the clerk-treasurer shall transmit a certified copy of the resolution to the applicant.
2002, c. 37, s. 26; 2002, c. 68, s. 52; 2010, c. 10, s. 70; 2021, c. 31, s. 132.
145.38. The council shall, after consulting with the advisory planning committee, grant or refuse an application for authorization of a specific proposal submitted to it in accordance with the by-law.
The resolution by which the council grants the application shall provide for any condition, having regard to the jurisdiction of the municipality, that must be satisfied in relation to the carrying out of the proposal.
Sections 124 to 137, 137.2 to 137.5 and 137.15 apply, with the necessary modifications, in respect of the resolution by which the council grants the application; however, where there is no metropolitan plan or RCM plan in force in the territory of the municipality, section 137.16 applies instead of sections 137.2 to 137.5 and 137.15. For that purpose, the resolution is subject to approval by way of referendum where the specific proposal is at variance with a provision referred to in subparagraph 1 of the third paragraph of section 123.
The resolution by which the council refuses the application shall state the grounds for the refusal.
As soon as practicable after the coming into force of the resolution, the clerk or the secretary-treasurer shall transmit a certified copy of the resolution to the applicant.
2002, c. 37, s. 26; 2002, c. 68, s. 52; 2010, c. 10, s. 70.
145.38. The council shall, after consulting with the advisory planning committee, grant or refuse an application for authorization of a specific proposal submitted to it in accordance with the by-law.
The resolution by which the council grants the application shall provide for any condition, having regard to the jurisdiction of the municipality, that must be satisfied in relation to the carrying out of the proposal.
Sections 124 to 137, 137.2 to 137.5 and 137.15 apply, with the necessary modifications, in respect of the resolution by which the council grants the application; however, where there is no land use planning and development plan in force in the territory of the municipality, section 137.16 applies instead of sections 137.2 to 137.5 and 137.15. For that purpose, the resolution is subject to approval by way of referendum where the specific proposal is at variance with a provision referred to in subparagraph 1 of the third paragraph of section 123.
The resolution by which the council refuses the application shall state the grounds for the refusal.
As soon as practicable after the coming into force of the resolution, the clerk or the secretary-treasurer shall transmit a certified copy of the resolution to the applicant.
2002, c. 37, s. 26; 2002, c. 68, s. 52.
145.38. The council shall, after consulting with the advisory planning committee, grant or refuse an application for authorization of a specific proposal submitted to it in accordance with the by-law.
The resolution by which the council grants the application shall provide for any condition, having regard to the jurisdiction of the municipality, that must be satisfied in relation to the carrying out of the proposal.
Sections 124 to 137, 137.2 to 137.5 and 137.15 apply, with the necessary modifications, in respect of the resolution by which the council grants the application ; however, where there is no development plan in force in the territory of the municipality, section 137.16 applies instead of sections 137.2 to 137.5 and 137.15. For that purpose, the resolution is subject to approval by way of referendum where the specific proposal is at variance with a provision referred to in subparagraph 1 of the third paragraph of section 123.
The resolution by which the council refuses the application shall state the grounds for the refusal.
As soon as practicable after the coming into force of the resolution, the clerk or the secretary-treasurer shall transmit a certified copy of the resolution to the applicant.
2002, c. 37, s. 26.
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