A-19.1 - Act respecting land use planning and development

Section 117.4 Disposition versions

2023-06-01

117.4. The area of the land or servitude to be transferred and the amount paid shall not exceed 10% of the area and value of the site, respectively.

However, where the owner is to make both an undertaking and a payment, the total of the value of the land or servitude to be transferred and of the amount paid shall not exceed 10% of the value of the site.

Despite the first and second paragraphs, the municipality may require the transfer of land or a servitude whose area is greater than 10% of the area of the site if the land in respect of which the subdivision or building permit is applied for is situated within a central sector of the municipality and if all or part of the immovable is green space.

If the municipality requires both the transfer of land or a servitude and the payment of a sum, the amount paid must not exceed 10% of the value of the site.

The council shall, by by-law, determine the boundaries of the central sectors of the municipality and define what constitutes green space for the purposes of the third paragraph.

For the purposes of the first paragraph, in the case of a plan relating to a cadastral operation in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), only the area and the value of the part of the site that is intended for non-agricultural purposes must be considered.

1993, c. 3, s. 57; 2017, c. 13, s. 10; 2023, c. 12, s. 61.

2017-06-16

117.4. The area of the land to be transferred and the amount paid shall not exceed 10% of the area and value of the site, respectively.

However, where the owner is to make both an undertaking and a payment, the total of the value of the land to be transferred and of the amount paid shall not exceed 10% of the value of the site.

Despite the first and second paragraphs, the municipality may require the transfer of land whose area is greater than 10% of the area of the site if the land in respect of which the subdivision or building permit is applied for is situated within a central sector of the municipality and if all or part of the immovable is green space.

If the municipality requires both the transfer of land and the payment of a sum, the amount paid must not exceed 10% of the value of the site.

The council shall, by by-law, determine the boundaries of the central sectors of the municipality and define what constitutes green space for the purposes of the third paragraph.

1993, c. 3, s. 57; 2017, c. 13, s. 10.

1993-05-01

117.4. The area of the land to be transferred and the amount paid shall not exceed 10% of the area and value of the site, respectively.

However, where the owner is to make both an undertaking and a payment, the total of the value of the land to be transferred and of the amount paid shall not exceed 10% of the value of the site.

1993, c. 3, s. 57.