SOR/88-14819882

20196

AERONAUTICS ACTToronto/Buttonville Airport Zoning RegulationsRegulations Respecting Zoning at Toronto/Buttonville AirportP.C.1988-30419882

Whereas, pursuant to section 4.5* of the Aeronautics Act, a copy of the proposed Zoning Regulations respecting Toronto/Buttonville Airport, substantially in the form set out in the schedule hereto, was published in two successive issues of the Canada Gazette, Part I, on June 13th and 20th, 1987, and in two successive issues of the Richmond Hill Liberal and the Markham Economist on June 17th and 24th, 1987, and in two successive issues of L’Express de Toronto on June 16th and 23rd, 1987, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto.*S.C. 1985, c. 28, s. 1Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.4* of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting zoning at Toronto/Buttonville Airport.Short Title

1These Regulations may be cited as the Toronto/Buttonville Airport Zoning Regulations.

Interpretation

2(1)In these Regulations,airport means the Toronto/Buttonville Airport at Markham, in the Regional Municipality of York, in the Province of Ontario; (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 that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II 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 III of the schedule; (surface extérieure)strip means the 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 IV of the schedule; (bande)transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. (surface de transition)(2)For the purposes of these Regulations, the assigned elevation of the airport reference point is 193 m above sea level.

Application

3These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of the airport, which lands are more particularly described in Part VI of the Schedule.SOR/92-168, s. 1(F)

General

4No 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 the location of that point(a)the approach surfaces;(b)the outer surface; or(c)the transitional surfaces.

Natural Growth

5Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister may require that the owner or occupier of the land on which that object is growing remove the excessive growth.SOR/92-168, s. 2(E)

Disposal of Waste

6No 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.

SCHEDULEPART I(s. 2)Description of the Airport Reference PointThe airport reference point, shown on Toronto/Buttonville Airport Zoning Plan No. 19-036-84-05, sheet 5, dated May 30, 1986, is a point distant 45.0 m measured northeasterly at right angles to the centre line of runway 15-33 from a point distant 485.0 m measured southeasterly along the said centre line from the northwesterly end of the said runway.PART II(s. 2)Description of the Approach SurfacesThe approach surfaces, shown on Toronto/Buttonville Airport Zoning Plan No. 19-036-84-05, Sheets 2, 5, 6, 8 and 9, dated May 30, 1986, are surfaces abutting each end to the strips associated with runways designated 03-21 and 15-33 and are described as follows:(a)a surface abutting the end of the strip associated with runway approach 03 consisting of an inclined plane having a ratio of 1 m measured vertically to 30 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 446 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 174.6 m from the projected centre line; the said imaginary horizontal line being 48.2 m measured vertically above the elevation at the end of the strip;(b)a surface abutting the end of the strip associated with runway approach 15 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 724 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 333.6 m from the projected centre line; the said imaginary horizontal line being 43.1 m above the end of the strip;(c)a surface abutting the end of the strip associated with runway approach 21 consisting of an inclined plane having a ratio of 1 m measured vertically to 30 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 203 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 150.3 m from the projected centre line; the said imaginary horizontal line being 40.1 m measured vertically above the elevation at the end of the strip; and(d)a surface abutting the end of the strip associated with runway approach 33 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 768 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 340.2 m from the projected centre line; the said imaginary horizontal line being 44.2 m measured vertically above the elevation at the end of the strip.PART III(s. 2)Description of the Outer SurfaceThe outer surface, shown on Toronto/Buttonville Airport Zoning Plan No. 19-036-84-05, Sheets 1 to 9 inclusive, dated May 30, 1986, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the assigned elevation of the airport reference point, except where that common plane is less than 9 m above the surface of the ground, the outer surface is an imaginary surface located at 9 m above the surface of the ground.PART IV(s. 2)Description of the StripsThe strips, as shown on Toronto/Buttonville Airport Zoning Plan No. 19-036-84-05, Sheet 5, dated May 30, 1986 are described as follows:(a)the strip associated with runway 03-21 being 60 m in width, 30 m being on each side of the centre line of the runway, and 837.93 m in length; and(b)the strip associated with runway 15-33, being 150 m in width, 75 m being on each side of the centre line of the runway, and 1 176.19 m in length.PART V(s. 2)Description of the Transitional SurfacesEach transitional surface shown on Toronto/Buttonville Airport Zoning Plan No. 19-036-84-05, Sheets 2, 5, 6 and 8, dated May 30, 1986 is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and the projected centre line of the strip extending upward and outward from the lateral limits of the strip and its approach surfaces to an intersection with the outer surface or another transitional surface of an adjoining strip.PART VI(s. 3)Description of the Lands to Which These Regulations ApplyThe boundary of the lands to which these Regulations apply, shown on Toronto/Buttonville Airport Zoning Plan No. 19-036-84-05, Sheets 1, 2, 3, 4, 6, 7, 8 and 9, dated May 30, 1986, is described as follows:Commencing at the northwesterly corner of the East half of Lot 23, Concession 2 in the geographic Township of Markham, now in the Municipality of the Town of Richmond Hill;Thence easterly along the northern boundary of said Lot 23, Concession 2, to the northeasterly angle thereof;Thence continuing easterly in a straight line on the production of the last mentioned course across the road allowance between Concessions 2 and 3, to a point in the western boundary of Lot 23, Concession 3;Thence northerly along the said western boundary of Lot 23, Concession 3, to the northwesterly corner thereof;Thence easterly along the northern boundary of Lot 23, Concession 3, to the northeasterly corner of the West half of Lot 23, Concession 3;Thence southerly along the eastern boundary of the West half of Lot 23, Concession 3 to the southeasterly corner thereof;Thence easterly along the northern boundary of the east half of Lot 22, Concession 3 to the northeasterly corner thereof;Thence easterly in a straight line across the road allowance between Concessions 3 and 4, to the northwesterly corner of Lot 22, Concession 4;Thence southerly along the western boundary of Lots 22 and 21, Concession 4, to the southwesterly corner of Lot 21, Concession 4;Thence southerly in a straight line across the road allowance between Lots 21 and 20, Concession 4, to the northwesterly corner of Lot 20, Concession 4;Thence easterly along the northern boundary of Lot 20, Concession 4, to a point perpendicularly opposite and 10.0 feet distant from the northeasterly corner of Lot 1 according to a plan registered in the Land Registry Office for the Registry Division of York Region (No. 65) as Plan 5316;Thence southerly and at right angles to the said northerly boundary of Lot 20, to the northeasterly corner of Lot 1, according to said Plan 5316;Thence in a southeasterly, easterly and northeasterly direction along the southwestern, southern and southeastern limit of Cachet Parkway as established by said Plan 5316, to its intersection with the western boundary of the road allowance between Concessions 4 and 5;Thence northeasterly in a straight line across the road allowance between Concessions 4 and 5, to a point in the easterly limit of the said road allowance between Concessions 4 and 5, (being also the northwesterly corner of Block M according to said Plan 5316);Thence southerly along the eastern limit of the road allowance between Concessions 4 and 5, to the northwesterly corner of Lot 17, Concession 5;Thence easterly along the northern boundary of Lot 17, Concession 5, to the northeasterly corner of the West half of said Lot 17;Thence southerly along the line between the East and West halves of Lots 17 and 16, Concession 5, to the southeasterly corner of the West half of Lot 16, Concession 5;Thence westerly along the southern boundary of Lot 16, Concession 5, (being also the northern boundary of the road allowance between Lots 15 and 16, Concession 5), to a point perpendicularly opposite the northeasterly corner of Block C according to a plan registered in the Land Registry Office for the Land Titles Division of York Region (No. 65) as Plan M-1714;Thence southerly in a straight line across the road allowance between Lots 15 and 16, Concession 5 and perpendicular thereto, and its continuation across the widening to the south thereof, to the said northeasterly corner of Block C according to the said Plan M-1714;Thence in a general southerly direction along the western boundary of Village Parkway as established by a plan registered in the Land Registry Office for the Land Titles Division of York Region (No. 65) as Plan M-1440, to its southwestern termination, (being also the northwesterly corner of l’ Reserve Block 0 according to said Plan M-1440);Thence southerly along the western boundary of said l’Reserve Block 0, to the southwesterly corner thereof, (being also the northwesterly corner of Village Parkway as established by a plan registered in the Land Registry Office for the Land Titles Division of York Region (No. 65) as Plan 65M-2147);Thence southerly along the western boundary of Village Parkway as established by said Plan 65M-2147, to its southerly termination in the southern boundary of said Plan 65M-2147;Thence easterly along the southern boundary of said Plan 65M-2147 to the southeasterly corner thereof (being also a point in the western boundary of a plan registered in the Land Registry Office for the Registry Division of York Region (No. 65) as Plan 7566);Thence southerly along the western boundary of said Plan 7566 to the southwesterly corner thereof, (being also the northwesterly corner of a plan registered in the Land Registry Office for the Land Titles Divison of York Region (No. 65) as Plan M-1475);Thence southerly along the western boundary of said Plan M-1475, to the southwesterly corner thereof (being also a point in the line between the East and West halves of Lot 11, Concession 5);Thence continuing southerly along the aforesaid line between the East and West halves of said Lot 11, Concession 5, to the southeasterly corner of the West half of said Lot 11, Concession 5;Thence southerly in a straight line across the road allowances between Lots 10 and 11, Concession 5, to the northeasterly corner of the West half of Lot 10, Concession 5;Thence southerly along the line between the East and West halves of Lots 10, 9, 8 and 7, Concession 5, to its intersection with the northern limit of the lands owned by the Canadian National Railway Company;Thence in a westerly, southwesterly and westerly direction along the northern boundary of the Canadian National Railway Company lands crossing Lots 7 and 6, Concession 5; the road allowance between Concessions 4 and 5; Lots 6 and 5, Concession 4; the road allowance between Concessions 3 and 4; Lot 5, Concession 3; the road allowance between Concessions 2 and 3; and Lot 5, Concession 2, to its junction with the easterly boundary of a plan registered in the Land Registry Office for the Land Titles Division of York Region (No. 65) as Plan M-1762;Thence northwesterly, westerly and northwesterly along the eastern and northeastern boundary of said Plan M-1762, to its junction with the southern boundary of the road allowance between Lots 5 and 6, Concession 2;Thence westerly along the southern boundary of the said road allowance between Lots 5 and 6, Concession 2, to the northwesterly corner of Lot 8, according to a plan registered in the Land Registry Office for the Registry Division of York Region (No. 65) as Plan 2382;Thence northerly in a straight line across the road allowance between Lots 5 and 6, Concession 2 and continuing across Block M, according to a plan registered in the Land Registry Office for the Land Titles Division of York Region (No. 65) as Plan M-1755, to the southeasterly extremity of Willowbrook Road according to said Plan M-1755;Thence northwesterly, northerly and northwesterly along the eastern boundary of Willowbrook Road according to said Plan M-1755, to the most northerly extremity thereof according to said Plan M-1755, (being also the northeasterly corner of l’ Reserve Block AR according to a plan registered in the land Registry Office for the Land Titles Division of York Region (No. 65) as Plan M-1751);Thence westerly along the northern boundary of said l’ Reserve Block AR, to the northwesterly corner thereof, (being also the southern extremity of the eastern boundary of Willowbrook Road according to said Plan M-1751);Thence in a general northwesterly direction along the eastern boundary of Willowbrook Road according to said Plan M-1751, to the most northern extremity thereof, (being also the southeasterly corner of l’ Reserve Block CR according to said Plan M-1751);Thence northerly along the easterly boundary of said l’ Reserve Block CR to the northeasterly corner thereof;Thence westerly along the northerly boundary of said Plan M-1751 to the northwesterly corner thereof, (being also the northeasterly corner of a plan registered in the Land Registry Office for the Land Titles Division of York Region (No. 65) as Plan M-1671);Thence westerly along the northern boundary of said Plan M-1671 and its continuation westerly, (being also the line between Lots 7 and 8, Concession 2), to the southwesterly corner of Lot 8, Concession 2;Thence northerly along the western boundary of Lots 8, 9 and 10, Concession 2, to the northwesterly corner of Lot 10, Concession 2;Thence northerly in a straight line across the road allowance between Lots 10 and 11, Concession 2, to the southwesterly corner of Lot 11, Concession 2;Thence northerly along the western boundary of Lots 11, 12, 13, 14 and 15, Concession 2, to the northwesterly corner of Lot 15, Concession 2;Thence northerly in a straight line across the road allowance between Lots 15 and 16, Concession 2, to the southwesterly corner of Lot 16, Concession 2;Thence northerly along the western boundary of Lots 16, 17, 18, 19 and 20, Concession 2, to the northwesterly corner of Lot 20, Concession 2;Thence northerly in a straight line across the road allowance between Lots 20 and 21, Concession 2, to the southwesterly corner of Lot 21, Concession 2;Thence easterly along the southern boundary of said Lot 21 to the line between the East and West halves of said Lot 21;Thence northerly along the line between the East and West halves of Lots 21, 22 and 23, Concession 2, to the point of commencement.SOR/92-168, ss. 3, 4(E)