C.R.C., c. 11320196

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AERONAUTICS ACTSt. John’s (Torbay) Airport Zoning RegulationsRegulations Respecting Zoning at St. John’s (Torbay) AirportShort Title

1These Regulations may be cited as the St. John’s (Torbay) Airport Zoning Regulations.

Interpretation

2In these Regulations,airport means St. John’s (Torbay) Airport, in the Districts of St. John’s East and St. John’s West, in the Province of Newfoundland; (aéroport)airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport)approach surface means an imaginary inclined plane extending upward and outward from each end of a strip along and at right angles to the projected centre line thereof, which approach surface is more particularly described in Part III of the schedule; (surface d’approche)Minister means the Minister of Transport; (ministre)outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part IV of the schedule; (surface extérieure)strip means a rectangular portion of the landing area of the airport including the runway prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part V of the schedule; (bande)transitional surface means an imaginary inclined plane extending upward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part VI of the schedule. (surface de transition)

3For the purposes of these Regulations, the airport reference point is deemed to be 431 feet above sea level.

Application

4(1)Subject to subsection (2), these Regulations apply to all the lands and lands covered by water adjacent to or in the vicinity of the airport, including public road allowances, the outer limits of which are described in Part II of the schedule.(2)These Regulations do not apply to such of those lands, the outer limits of which are described in Part II of the schedule, as form part of the airport from time to time.

General

5No person shall erect or construct, on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at that point any of the surfaces hereinafter set out that project immediately over and above the surface of the land at that location, namely,(a)the approach surfaces;(b)the outer surface; or(c)the transitional surfaces.

Natural Growth

6Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 5(a) to (c), the Minister may make a direction that the owner or occupier of the land on which the object is growing, remove the excessive growth.SOR/84-969, s. 1

Disposal of Waste

7No owner or occupier of any land to which these Regulations apply shall permit that land or any part of it to be used for the disposal of any waste that is edible by or attractive to birds.SOR/84-969, s. 1

SCHEDULE(Sections 2 and 4)PART IAirport Reference PointBeing a point distant 500 feet measured Southwesterly at right angles to the centre line of runway 17-35 from a point thereon distant(a)1,300 feet measured Southeasterly along the centre line of runway 17-35 from the point of intersection of that centre line with the centre line of runway 11-29; and(b)24,809.54 feet measured in a straight line on a bearing of N. 41°16′34″ W. from a point being the Geodetic Survey Station “Signal”.PART IIDescription of Outer Limits of LandsBEGINNING at a point at the intersection of the Southeasterly boundary of Maunder’s Lane with the lot line between lots 89 and 90 Tupper Street; THENCE, from the point of beginning so determined in a general Southwesterly direction to its intersection with a line running S. 49°37′50″ E. from the Southeasterly corner of strip 17-35; THENCE, following the last-mentioned line S. 49°37′50″ E. to its intersection with a line parallel to the 35 end of strip 17-35 and fifty thousand feet (50,000′) therefrom; THENCE, following the last-mentioned line S. 48°54′ W. a distance of sixteen thousand feet (16,000′) to a point; THENCE, N. 32°34′10″ W. to its intersection with the Northerly boundary of McDonald Drive; THENCE, following the last-mentioned boundary in a general Southwesterly direction to its intersection with the Northeasterly boundary of the Portugal Cove Road; THENCE, following the last-mentioned boundary in a general Northwesterly direction to its intersection with the Northeasterly production of the Southeasterly boundary of the Kent’s Pond Subdivision; THENCE, following the last-mentioned production and the said Southeasterly boundary of the Kent’s Pond Subdivision in a general Southwesterly direction to its intersection with the Westerly boundary of the Higgins Line; THENCE, following the last-mentioned boundary line in a general Northerly direction to its intersection with the Southeasterly boundary of the Ridge Road; THENCE, following the last-mentioned boundary line in a general Southwesterly direction to the Northwesterly corner of the land of Robert Winton; THENCE, in a general Northwesterly direction to a point being the Southerly corner of land of Robert Hanlon; THENCE, in a general Northwesterly direction to a point being the centre of the outlet of the river flowing from Anderson’s Pond; THENCE, in a Northerly direction to its intersection with a line running S. 77°24′10″ W. from the Southwesterly corner of strip 11-29; THENCE, along the last-mentioned line S. 77°24′10″ W. to its intersection with a line parallel to the 11 end of strip 11-29; THENCE, following the last-mentioned line N. 04°04′ W. a distance of sixteen thousand feet (16,000′) to a point; THENCE, S. 85°32′10″ E. to its intersection with a line running from the centre of the outlet of the river flowing from Anderson’s Pond to the Southwesterly corner of land of Peter F. Murphy; THENCE, following the last-mentioned line in a general Northerly direction to the Southwesterly corner of land of Peter F. Murphy; THENCE, following the Southwesterly boundary of the said land of Peter F. Murphy in a general Northwesterly direction to a point being the Northwesterly corner of the said land of Peter F. Murphy; THENCE, in a Northeasterly direction to a point being the Northwest corner of land of E. J. Squires and the Northeasterly corner of land of George V. Eustace; THENCE, in a general Northeasterly direction to its intersection with a line running N. 49°37′50″ W. from the Northwesterly corner of strip 17-35; THENCE, following the last-mentioned line N. 49°37′50″ W. to its intersection with a line parallel to the 17 end of strip 17-35 and fifty thousand feet (50,000′) therefrom; THENCE, N. 48°54′ E. a distance of sixteen thousand feet (16,000′) to a point; THENCE, S. 32°34′10″ E. to its intersection with a line running from the Northeasterly corner of the lands of Peter Rogers to a point at the intersection of the Westerly boundary of the lands of Edward, Richard and George Fields with the Southerly shore of Whiteway Pond; THENCE, following the last-mentioned line in a general Northeasterly direction to a point being the intersection of the Westerly boundary of land of Edward, Richard and George Fields with the Southerly shore of Whiteway Pond; THENCE, following the last-mentioned shore in a general Northeasterly direction to a point being the intersection of the Southwesterly boundary of land of Walter Thorne with the said shore of Whiteway Pond; THENCE, in an Easterly direction to a point at the intersection of the Northeasterly boundary of land of Michael Rogers and the Northwesterly boundary of the Indian Heal Line; THENCE, in a general Easterly direction to a point at the intersection of the Northerly corner of land of John Butler and the Northwesterly boundary of the Bullocks Town Road; THENCE, in a general Southeasterly direction to a point at the intersection of the Easterly boundary of the Torbay Road and the Northerly boundary of Mahons Road; THENCE, in a general Southeasterly direction to a point at the intersection of the Southeasterly boundary of the Middle Cove Road and the Northeasterly boundary of land of Patrick Roach; THENCE, in a general Southerly direction to a point at the intersection of the Northwesterly boundary of the Pine Line and the Westerly boundary of land of John Roach; THENCE, in a general Southerly direction to a point being the Northwesterly corner of land of John Griffin and the Northeasterly corner of land of William Nugent; THENCE, following along the boundary between the said land of John Griffin and land of William Nugent in a general Southerly direction to a point on the Northwesterly boundary of land of Michael Tobin; THENCE, following the last-mentioned boundary in a general Southwesterly direction to a point being the Northwesterly corner of the said land of Michael Tobin; THENCE, following the Southwesterly boundary of the said land of Michael Tobin in a general Southeasterly direction to its intersection with a line running N. 77°24′10″ E. from the Northeasterly corner of strip 11-29; THENCE, N. 77°24′10″ E. to its intersection with a line parallel to the 29 end of strip 11-29 and fifty thousand feet (50,000′) therefrom; THENCE, S. 4°04′ E. a distance of sixteen thousand feet (16,000′) to a point; THENCE, N. 85°32′10″ W. to its intersection with a line running from the Southwesterly corner of land of William Hewitt to a point at the intersection of the Southwesterly boundary of land of John Dyer and the Southeasterly boundary of land of one Power; THENCE, following the last-mentioned line in a general Southerly direction to a point at the intersection of the Southwesterly boundary of land of John Dyer and the Southeasterly boundary of land of one Power; THENCE, in a general Southwesterly direction to a point at the intersection of the said Southeasterly boundary of Maunder’s Lane and the production Southeasterly of the Northeasterly boundary of land of Maunder and Moore; THENCE, following the said Southeasterly boundary of Maunder’s Lane in a general Southwesterly direction to the point of beginning, which lands are shown on Department of Transport Plan No. MT-0451 (A, B, C, D, E, F, G) dated January 6, 1970.PART IIIDescription of Each Approach Surface1Being a surface abutting each end of strips designated as 17-35 and 11-29, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of each strip, one thousand (1,000) feet above the elevation at the end of each strip, measured vertically and fifty thousand (50,000) feet from the end of each strip, measured horizontally, the outer ends of each imaginary horizontal line being eight thousand (8,000) feet from each projected centre line, which surface is shown on Department of Transport Plan No. MT-0451 (A, B, C, D, E, F, G) dated January 6, 1970.2[Revoked, SOR/81-662, s. 1]PART IVDescription of the Outer SurfaceBeing an imaginary surface consisting of(a)a common plane established at a constant elevation of one hundred and fifty (150) feet above the assigned elevation of the airport reference point, and(b)where the common plane described in paragraph (a) is less than thirty (30) feet above the surface of the ground, an imaginary surface located thirty (30) feet above the surface of the ground,which outer surface is shown on Department of Transport Plan No. MT-0451 (A, B, C, D, E, F, G) dated January 6, 1970.PART VDescription of StripsThe strip associated with runway 11-29 is one thousand (1,000) feet in width, five hundred (500) feet being on each side of the centre line of the runway, and eight thousand nine hundred (8,900) feet in length; the strip associated with runway 17-35 is one thousand (1,000) feet in width, five hundred (500) feet being on each side of the centre line of the runway, and seven thousand four hundred (7,400) feet in length. These strips are shown on Department of Transport plan MT-0451 (A, B, C, D, E, F, G) dated January 6, 1970.PART VIDescription of Each Transitional SurfaceBeing a surface consisting of an inclined plane having a ratio of one (1) foot measured vertically to seven (7) feet measured horizontally at right angles to the centre line and the centre line produced of each strip, rising from the lateral limits of each strip and its approach surfaces to an intersection with the outer surface or another transitional surface of an adjoining strip, all as shown on Department of Transport Plan No. MT-0451 (A, B, C, D, E, F, G) dated January 6, 1970.SOR/81-662, ss. 1, 2