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In order to accommodate the current distancing directives and avoid gatherings, Town Council is asking interested residents to express their views in writing by May 6 – instead of in person – regarding the Draft By-law No 1460 Concerning Municipal Works Agreements.

Context

In accordance with Order number 2020-74 issued by the Government of Québec on October 2, 2020, any interested party may express themselves during a written consultation on the Draft By-law No 1460 Concerning Municipal Works Agreements

The 15-day written consultation was advertised on April 21 by way of public notice.

Draft by-law

Mount Royal Town Council adopted, at its regular sitting of April 19, 2021, Draft By-law No 1460 Concerning Municipal Works Agreements. This Draft By-law does not contain provisions making it a by-law subject to approval by way of referendum.

The Act Respecting Land Use Planning and Development allows municipalities to adopt a by-law that requires any person who wants to carry out a project on its territory to enter into an agreement to determine who will be responsible for performing the municipal work necessary to accommodate the project and, especially, who will pay for the work. The issuing of any construction or subdivision permits needed to carry out the project is contingent on the signing of such an agreement.

“Municipal work” here means work performed on municipal infrastructures and equipment, such as drinking water lines, roads, sidewalks, street lighting, pavement marking and bike paths, that will service the project’s land and buildings.

The aim is simple: to ensure that the general public does not end up paying for infrastructure work and equipment that, while ultimately available for use by all, are at this time required solely in order to provide service to the land and buildings involved in a new project. This is a way to internalize the costs within the project and avoid paying for them with public funds, while also maintaining complete control over the technical aspects of the work and obtaining financial guarantees that it will be fully completed in conformance with the Town’s requirements.

Note that the by-law expressly excludes construction projects that involve a single-family, two-family or semi-detached house. In other words, it does not apply to a citizen who simply wants to build a home for him or herself and family. Such projects are not its focus.

When an agreement must be reached for a project, in addition to the content required under the Act, the by-law requires that the agreement provide that 100% of the cost of the following work be paid for by the person submitting the permit application for the project:

  • all work performed on the project site
  • all connection work
  • all work requested by the applicant or deemed necessary for servicing the project, even if the work is performed off site.