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MUNICIPALIT DE LA PCHE - PROCEDURE REGARDING A ZONING BY-LAW AMENDING SUBJETC TO APPROVAL BY WAY OF REFERENDUM 1.

Transmitting (submitting) an application to the Municipality - detailed description of the proposed use and scope of the project; - transmit (submit) to the Municipality with a cheque for $250; - the cheque for $250 (non refundable) is used to cover the cost of the study. 2. Review of the application by the advisory planning committee (CCU) - the application is forwarded to the advisory planning committee (CCU); - the CCU's monthly meeting is usually held on the 2nd Monday of the month; - having reviewed the application, the CCU will advise the municipal council.

3. Transmission to the municipal council during a regular meeting - the application and the CCU's recommendations are forwarded to the municipal council; - the regular municipal council meetings are held on the 1st and 3rd Mondays of the month; - the municipal council will consider the application and the CCU's recommandation; - council adopts a resolution to initiate the amendment procedure or not. Municipal council resolution 4 a) Resolution in favor - mandates the planning director to draft an amendendment and schedule. 4 b) Resolution against - copy of the resolution is forwarded to the applicant; Amendment procedure 5. Adoption of the first draft of the amendment (section 124 , LUPDA) adoption of the first draft of the amendment, by council resolution; tabling of a notice of motion and request to waive the reading (section 445, MC) ; a copy of the first draft of the amendment is given to all council members; a copy of the first draft is transmitted to the MRC.

6. Notice of a public meeting (section 126, LUPDA) - at least seven days before the public meeting is held, a notice is posted at the municipal office and published in the Info La Pche newsletter; - the notice states the date, time and location of the public meeting; - the notice provides a summary of the proposed amendment, stating the zone affected and whether the amendment contains one or several provisions making it subject to approval by way of referendum; - a copy of the first draft of the amendment is available for consultation at the municipal office.

7. Public meeting and adoption of the second draft - the public meeting concerning the first draft is held at the beginning of a regular meeting of the municipal council (sections 125 & 127, LUPDA) ; - council adopts, with or without change, a second draft of the amendment (section 128, LUPDA) ; - a copy of the second draft is transmitted to the MRC (section 128, LUPDA) .

8. Public notice - Possibility of submitting an application to take part in a referendum - posted at the municipal office and the usual locations set by council (section 431, MC - sections 132 & 133, LUPDA) ; - published in the Info La Pche newsletter ( optional - not mandatory according to the LUPDA and the MC) ; - the notice sets out the number, title and date of adoption of the second draft (section 132, LUPDA) ; - gives a brief description of the object of the provisions in respect of which an application may be made and mentions that a copy of the second draft amendment is available for consultation at the municipal office; - identifies the zone concerned and adjoining zones, stating that any person entitled to vote, from any of the zones concerned, may submit an application with regard to the provisions subject to approval by way of referendum and sets out the conditions of validity of an application.
( Applications may be submitted individually or as a petition at the municipal office)

in order to be valid, an application must be signed by at least 12 interested persons in the zone from which it originates or by at least the majority in a zone where the number of persons concerned does not exceed 21 (section 133, LUPDA) ; - the notice will indicate the deadline for submitting an application (no later than the eight day following the day on
which the notice was posted at the municipal office and the usual locations set by council).

LAU : An act respectin land and use plannig development (c. A-19.1) Marcel Marchildon, b. urb CM : Municipal Code of Qubec (c. C-27.1) Directeur, Urbanisme et Environnement 1 DCEMBRE 2013

MUNICIPALIT DE LA PCHE - PROCEDURE REGARDING A ZONING BY-LAW AMENDING SUBJETC TO APPROVAL BY WAY OF REFERENDUM

9. Adoption of one or several amendment by-laws

9 a) Application to take part in a referendum - adoption of one or several separate by-laws subject to approval by qualified voters in each zone from which a valid application has been made (sections 136, 136.1 & 137 LUPDA); - A separate by-law is adopted for each provision of the
second draft for wich a valid application was received .

- copy of each separate by-law and the resolution adopting it is transmitted to the MRC, which is notified that the by-law requires the approval of the qualified voters (section 137.2, LUPDA).

10. No applications to take part in a referendum - adoption of the by-law as set out in the second draft (section 135, LUPDA); OR: - adoption of a residual by-law containing solely the provisions of the second draft for which no valid application has been received (section 135, LUPDA); - such by-law does not require the approval of the qualified voters.

9 b) Notice announcing the registration period


(section 539, AERM) -

11.Transmission to the MRC (section 137.2, LUPDA) - copy of the by-law is transmitted to the MRC, specifying that it is deemed to have been approved by the qualified voters. 12. Approval by the MRC (section 137.3, LUPDA) - the council of the MRC approves the amendment by-law stating that it is in conformity with the objectives of the development plan and the provisions of the complementary document; - the secretary-treasurer of the MRC issues a certificate of conformity in respect of the by-law.

posted at the municipal office and the usual locations set by the council (section 431 MC & section

539, AERM) ; - published in the Info La Pche newsletter (optional not mandatory according to AERM and the MC);

- sets out the number, title, object and date of passage of the by-law; - states who is qualified to vote, their right to demand that the by-law be submitted to a referendum poll and the number of applications (signatures) required for that purpose; - indicates the place where and the days and times when the register will be open for registration; - states that if the required number of signatures is not reached, the by-law will be deemed approved by the qualified voters.

13. Coming into force (section 137.15, LUPDA) - the amendment by-law comes into force on the date on which the certificate of conformity is issued; - a notice thereof is published in the Info La Pche newsletter and posted at the municipal office.

9c) Holding a registration (sections 536 to 557,


AERM)

- the register shall be open without interruption from 9 a.m. to 7 p.m. at the municipal office; - at the end of the registration period, the person in charge of the register draws up a certificate to the effect that the by-law has been deemed approved by the qualified voters or that a referendum poll must be held; - the certificate is tabled at the next municipal council meeting. - A referendum poll must be held when the number of
signatures reaches 50 % of the qualified voters when there are 25 or fewer or : the number obtained by adding 13 to 10 % of the qualified voters in excess of the first 25 (section 553, AERM)

Insufficient number of applications (section 554, ERM) - the by-law is deemed to have been approved by the qualified voters. 9 d) Sufficient number of applications - during the council meeting following the registration procedure and the tabling of the certificate, council will adopt a resolution to withdraw the by-law (section 559, AERM) or:
AERM: An Act Respecting Elections and Referendums in Municipalities LAU : An act respectin land and use plannig development (c. A-19.1) Marcel Marchildon, b. urb CM : Municipal Code of Qubec (c. C-27.1) Directeur, Urbanisme et Environnement 1 DCEMBRE 2013

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