A-19.1 - Act respecting land use planning and development

Section 148.0.4 Disposition versions

2021-04-01

148.0.4. (Repealed).

2005, c. 6, s. 134; 2006, c. 60, s. 2; 2017, c. 13, s. 15; 2021, c. 10, s. 102.

2017-06-16

148.0.4. The by-law referred to in section 148.0.2 may prescribe that, before an application for authorization is considered, the owner submit to the committee, for approval, a preliminary program for the utilization of the vacated land. The by-law may also prescribe that, if the program is approved, the owner must provide the municipality, prior to the issuance of an authorization certificate, with a monetary guarantee of execution of the program.

The by-law may prescribe that a preliminary program for the utilization of the vacated land be submitted after the committee has rendered an affirmative decision on the application for authorization to demolish, rather than before the application is considered. In that case, authorization to demolish is conditional on the program receiving the committee’s approval.

That program may only be approved if it is in conformity with the municipal by-laws. To determine conformity, the committee must consider the by-laws in force at the time the program is submitted to it, except when the issuance of a building permit for the proposed program is suspended by reason of a notice of motion. When the issuance of permits is suspended, the committee may not approve the program before the suspension expires or the amending by-law that was the subject of the notice of motion comes into force, if such coming into force occurs before the suspension expires; the decision of the committee is then rendered having regard to the by-laws in force at the time of the decision.

2005, c. 6, s. 134; 2006, c. 60, s. 2; 2017, c. 13, s. 15.

2006-12-14

148.0.4. The by-law referred to in section 148.0.2 may prescribe that, before an application for authorization is considered, the owner submit to the committee, for approval, a preliminary program for the utilization of the vacated land. The by-law may also prescribe that, if the program is approved, the owner must provide the municipality, prior to the issuance of an authorization certificate, with a monetary guarantee of execution of the program.

That program may only be approved if it is in conformity with the municipal by-laws. To determine conformity, the committee must consider the by-laws in force at the time the program is submitted to it, except when the issuance of a building permit for the proposed program is suspended by reason of a notice of motion. When the issuance of permits is suspended, the committee may not approve the program before the suspension expires or the amending by-law that was the subject of the notice of motion comes into force, if such coming into force occurs before the suspension expires; the decision of the committee is then rendered having regard to the by-laws in force at the time of the decision.

2005, c. 6, s. 134; 2006, c. 60, s. 2.

2006-01-01

148.0.4. The by-law referred to in section 148.0.2 may prescribe that, before an application for authorization is considered, the owner submit to the committee, for approval, a preliminary program for the utilization of the vacated land. The by-law may also prescribe that, if the program is approved, the owner must provide the municipality, prior to the issuance of an authorization certificate, with a monetary guarantee of execution of the program in an amount not exceeding the value on the assessment roll of the immovable to be demolished.

That program may only be approved if it is in conformity with the municipal by-laws. To determine conformity, the committee must consider the by-laws in force at the time the program is submitted to it, except when the issuance of a building permit for the proposed program is suspended by reason of a notice of motion. When the issuance of permits is suspended, the committee may not approve the program before the suspension expires or the amending by-law that was the subject of the notice of motion comes into force, if such coming into force occurs before the suspension expires; the decision of the committee is then rendered having regard to the by-laws in force at the time of the decision.

2005, c. 6, s. 134.