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HomeMy WebLinkAboutPSD-041-13 (rili REPORT Zar*mil PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 24, 2013 Resolution#: 9104- `l- Sy-law#: Report : PSD-041-13 File : PLN 18.7 Subject: POLICIES FOR TELECOMMUNICATIONS ANTENNA AND TOWERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-041-13 be received; 2. THAT the attached revised policy be approved; and 3. THAT the Federation of Canadian Municipalities and Industry Canada and any other parties listed in Report PSD-041-13 be advised of Council's decision. Submitted by. 'Y" ..zv Reviewed by: avi J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df/nl 17 June 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-041-13 PAGE 2 1. INTRODUCTION 1.1 Advancements in wireless telecommunication technology have resulted in the rapid growth of the telecommunications industry. Industry Canada, under the Radio- communication Act is responsible for radio and telecommunications in Canada. In addition to issuing licences to radio and telecommunications carriers, they also approve the installation of the infrastructure, including antennas and towers. Local municipalities do not have the constitutional authority to prohibit telecommunication antenna or towers through the Planning Act. 1.2 The role of the Municipality is to issue a letter of concurrence or non-concurrence to Industry Canada and the proponent of installation proposals when municipal consultation is required by applicable federal policies. The Municipality must review the proposal for appropriateness of the proposed installation and oversee the public consultation process, where required. 1.3 There are many telecommunications antenna and towers (antenna systems) in the Municipality of Clarington, the majority of which have been erected in the last fifteen years. In the early 2000's, Planning Services Staff met with representatives from Industry Canada to explore opportunities to minimize the impact of antenna and towers and notify the public of proposed towers. Industry Canada encourages municipalities to develop protocols to assist proponents in seeking the optimal locations for towers and to provide a procedural framework for notification, public consultation and obtaining concurrence with the proposal. In 2002, Clarington Council adopted the current policy for "New Telecommunications Antenna and Towers". 1.4 The purpose of this report is to: • Provide an overview of federal procedures with respect to establishing new antenna systems; • Provide an overview of current practices regarding applications for new antenna systems in Clarington; • Provide an overview of the recent Federation of Canadian Municipalities (FCM) Antenna System Siting Protocol Template publication; • Discuss how the Clarington Policy is proposed to be modified to conform with Industry Canada policies and procedures and the new FCM protocol. 2. FEDERAL PROCEDURES 2.1 Industry Canada approves and licenses the location, installation and operation of antenna systems (including towers) based on federal policy and procedures. Proponents wishing to establish new Federally Regulated towers and significant antenna must do the following: • consult with the local land-use authority, where required; REPORT NO.: PS®-041-13 PAGE 3 • consult with NAV Canada and Transport Canada to ensure antenna structures comply with painting and lighting requirements for aeronautical safety, where required; • ensure that telecommunications facilities are installed and operate in a manner that complies with Health Canada's limits of exposure to radio-frequency fields emissions (Health Canada Safety Code 6); and • comply with the Canadian Environmental Assessment Act. 2.2 Consultation with Local Land-use Authorities (LUA) Industry Canada wants to work together to find mutually agreed upon locations for new antenna systems. As such, it has defined roles for the local land use authorities, the proponent and itself. However, there are situations that are excluded from the requirement for consultation with the LUA and the public. The land-use authority has an opportunity to influence the location of towers over 15 metres tall, not only from a land-use compatibility perspective but from the community's perspective. It cannot however, prohibit the installation of an antenna system. The proponent is required to consult with the municipality on the proposal, consider local concerns and, if required, seek alternative solutions. The carrier must provide a written confirmation to Industry Canada that they have consulted with the local authority and have obtained their concurrence. The carrier must also outline any concerns and how they were addressed. Industry Canada approves the location of an antenna system. If the carrier and the land- use authority cannot reach an agreement, then Industry Canada will ultimately decide as to what actions need to be taken based on the information provided by both parties. Industry Canada expects the land-use authority to make its views known to a proponent within 60 days. All aspects of the consultation should be completed within 120 days. 2.3 Industry Canada encourages municipalities to create policies to ensure there is a relatively consistent manner in which antenna systems are evaluated and the public is notified. This provides direction for optimal location of towers and antenna, site design and layout, public consultation process and approvals. There are a number of municipalities in Ontario with existing protocols. FCM has recently created an Antenna System Siting Protocol Template to assist municipalities across Canada in developing policies and protocols that are consistent with Industry Canada procedures. 3. CURRENT MUNICIPAL POLICY 3.1 The current telecommunications antenna and tower policy is more than 10 years old. The purpose of the Council Adopted Policy for "New Telecommunications Antenna and Towers" is to provide direction for selecting appropriate locations for antenna systems, which ultimately minimizes the number of such facilities and their visual impact, allowing for public input and providing a straight-forward process for the proponent for the installation of these facilities. Staff prepared this policy to ensure that installation of REPORT NO.: PSD-041-13 PAGE 4 antenna systems are treated and processed in a consistent manner. Staff consulted with representatives of Industry Canada and four major carriers on several occasions throughout drafting these policies. 4. FCM ANTENNA SYSTEM SITING PROTOCOL TEMPLATE 4.1 On February 28, 2013, the Federation of Canadian Municipalities and Canadian Wireless Telecommunications Association announced a joint protocol, named the Antenna System Siting Protocol Template. The purpose of this protocol template is to provide municipalities with a tool to develop customized protocols for the siting of antenna systems within their municipality, according to the FCM Antenna System Siting Protocol Template publication. It goes on to say that, as the template was developed jointly by the FCM and the Canadian Wireless Telecommunications Association (CWTA), and is consistent with Industry Canada rules on antenna systems consultations, its use should result in consistent and predictable antenna system siting protocols. 4.2 The objectives of the FCM protocol are as follows: • To establish a siting and consultation process that is harmonized with Industry Canada's policies and procedures for reviewing land use issues associated with antenna system siting proposals; • To set out an objective process, criteria and guidelines that are transparent, consistent and predictable for the evaluation of antenna system siting proposals; • To provide an expeditious review process for antenna system siting proposals; • To establish a local land use consultation framework that ensures the Municipality and members of the public contribute local knowledge that facilitates and influences the location, development and design of antenna systems within the Municipality; • To contribute to the orderly development and efficient operation of a reliable, strong radio communication network in the Municipality; and • To provide the Municipality with the information required to satisfy the requirements of Industry Canada regarding local land use consultation, resulting in an informed statement of concurrence, concurrence with conditions, or non-concurrence from the Municipality to Industry Canada at the end of the process. DISCUSSION 5.1 The Clarington "New Telecommunications Antenna and Towers" policy already fulfils the core objectives of the new FCM protocol. Given that our policy was created more than ten years ago, it is appropriate to make minor modifications to bring it in line with the current Industry Canada procedures and the new FCM protocol. The proposed revised policy, renamed "Antenna Systems", is contained in Attachment 1 to this report. 5.2 Proposed changes to the Clarington "New Telecommunications Antenna and Towers" policy are intended to harmonize our current policy with Industry Canada policy and procedures and the language contained therein. The structure of our policy and REPORT NO.: P D-041-13 PAGE 5 procedures has not changed, though some of the wording and procedures have. The revised policy (Attachment 1) is more consistent with language and procedures commonly used by the industry. 5.3 The following are the section headings of our current policy with highlights of proposed changes noted under each: Introduction • Updated wording to conform with Industry Canada and FCM protocol language (e.g. replace "telecommunications facilities" with "antenna systems"). Purpose • Remove language that reflected the newness of our current policy, as it was written over ten years ago; • Updated wording to conform with Industry Canada and FCM protocol language, adding clarity and strength to the statements therein. Policies • Deletion of old definitions (in part or in whole) and addition of new definitions (or parts thereof) based on those contained within the FCM protocol template; • Proposed definitions are consistent with those used by the industry; • Word "carrier" replaced by "proponent", recognizing that it is no longer only the carriers who construct, own and maintain antenna systems; • Setback from road right-of-way removed, recognizing that in many cases it may not be desirable or possible to locate an antenna system 15 metres or greater away from a road; • Language added to strengthen our policies regarding locating antenna systems in developing areas and other areas of prominence within the Municipality. Procedures • Updated wording, as in other sections; • Justification report submitted by proponent must address compliance with Health Canada's Safety Code 6; • Public consultation is not required (by Industry Canada) for antenna systems less than 15 metres in height or where the height of an antenna system is being increased by 25% or less; • Where a circulation area for public notice includes a multi-tenant property (condominium, apartments etc.), all tenants shall be given notice; • Additions to the list of information to be included in the public notice; • Public notice to be delivered further in advance of the Public Information Centre, where required; • Letter of "Recommendation" renamed Letter of"Concurrence or Non- concurrence"; and • Requirement for payment of cash-in-lieu of parkland dedication deleted, as antenna systems are not processed as applications under the Planning Act. REPORT NO.: PSD-041-13 PAGE 6 5.4 While the purpose of this report is to discuss antenna systems policy and procedure, staff did inquire about fees collected by the other lakeshore municipalities in Durham. The intention of this was not to prompt a review of our fees but to report on how we compare to other municipalities for information purposes only. The fees collected are as follows: Clarington - $5,395, Oshawa - $2,898 plus $0.30 per square metre of leased area, Whitby - $3,000, Ajax - $7,145 and Pickering $2,700. None of the neighbouring Durham lakeshore municipalities collect additional fees or payments on top of those listed here. 6. CONCURRENCE — Not Applicable 7. CONCLUSION AND RECOMMENDATIONS 7.1 In consideration of the comments and discussion contained in this report, Staff respectfully recommend that the revised policy contained in Attachment 1 be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability X Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Mitch Morawetz, Planner I Attachments: Attachment 1 - "Antenna Systems" Policy List of interested parties to be notified of Council's decision — Not Applicable Attachment 1 To Report PSD-041-13 PLANNING SERVICES DEPARTMENTAL POLICY i SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 INTRODUCTION: In order to keep pace with the demand for telecommunications service, there has been an increase in the number of telecommunications towers erected across the Municipality of Clarington and more are anticipated in the coming years. Industry Canada, the approval authority for regulating antenna systems, ensures that municipalities are consulted prior to the erection of towers and significant antenna structures unless the proposal falls within the exclusion criteria of the Industry Canada procedures. The role of the Municipality of Clarington is to provide comments with respect to land use compatibility and, where required, issue a letter of concurrence or non-concurrence regarding a specific proposal. The Municipality has no constitutional authority to regulate or prohibit telecommunications facilities. PURPOSE: To maintain policies and procedures that are harmonized with Industry Canada procedures and protocols for the installation of antenna systems, which emphasize the following: • Minimize the number of new antenna sites by encouraging co-location; • Encourage designs that integrate with existing and planned surrounding land use and public realm and minimize visual impacts; • Allow input from the public; and • Provide a straight-forward, objective process for the installation of antenna systems. POLICIES: 1. Definitions Antenna System shall mean an exterior transmitting device — or group of devices — used to receive and/or to transmit radio-frequency (RF) signals, microwave signals, or other federal ly-licenced communications energy transmitted from, or to be received by, other antennas. Antenna Systems include the antenna, and may include a supporting tower, mast or other supporting structure, and an equipment shelter. Alternative Tower Structures shall mean man-made support structures that camouflage or conceal the presence of antennas or towers such as flagpoles, clock towers, church steeples, street lights, artificial trees and other everyday features. Co-location shall mean the placement of antennas and equipment operated by one or more proponents on a telecommunications Antenna System operated by a different proponent, thereby creating a shared facility. Equipment Shelter shall mean a structure containing equipment necessary to transmit and receive signals. Freestanding Antenna System shall mean a structure (tower, mast, etc) built from the ground for the MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 1 I i I SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 i APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 express purpose of hosting an Antenna System(s). StructurelBuilding-Mounted Antenna System shall mean an Antenna System mounted on an existing structure, which could include a building wall or rooftop, a light standard, water tower, utility pole or other. 2. Site Selection For New Antenna Systems a) The installation of new antenna systems is discouraged unless all other options within the proponent's search area have been explored and are considered not viable. The preferred methods of achieving additional capacity are: i. Co-location on existing Freestanding Antenna Systems or Structures/Buildings; ii. Location on hydro transmission towers; iii. Location of towers within or adjacent to hydro transmission corridors; and iv. Use of Alternative Tower Structures. b) Antenna Systems shall be located in a manner that minimizes visual impacts. When locating a new antenna system, the following shall be considered: i. There shall be no negative impact on significant natural features or hazard land areas; ii. Distances shall be maximized from residential areas, community and institutional uses, historical downtown areas, and waterfront areas; iii. Terminal vistas from existing and future roads and areas of topographical prominence will be avoided; iv. Locations and heights within urban areas or hamlets where Transport Canada will require lighting the tower should be avoided; v. Towers shall not be located on properties within the urban areas where development or redevelopment is contemplated as a present or future land use within the Clarington Official Plan; vi. Alternative Tower Structures should be used wherever possible, particularly in urban and hamlet areas; and vii. Towers shall generally be setback 100 metres from any residential building. c) Telecommunication facilities shall not be permitted on private property that is only accessible by an unopened road allowance. 3. Site Design and Layout a) New Telecommunication Facilities j i The following shall be considered in the site design and layout of new antenna systems: i) Planting of trees and shrubs around the perimeter fencing to mitigate the visual impact of the antenna system and equipment shelter; ii) An identification sign identifying the name and contact information of the carrier(s) must be installed and maintained at the location of the antennas stem, in compliance with the Sign By- MUNICIPALITY OF GLARINGTON PLANNING SERVICES DEPARTMENT j Page Z I i I SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 i APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 law, subject to the issuance of a sign permit from the Municipality of Clarington; and iii) Where alternative tower structures are not feasible, antenna systems and equipment shelters shall blend in with the character of the surroundings, including both colour and design. b) Roof Tops or Existing Structures When locating telecommunications facilities on rooftops or existing structures, carriers shall endeavour to minimize the visual impacts of such facilities by considering the following: i. Utilizing alternative tower structures; ii. Screening should be provided such that the antenna system is not visible from the ground, to the extent possible; iii. Equipment shelters on roof tops should be setback from the roof edge not less than 5 metres; and iv. The colour and architectural style of the antenna and equipment shelter should blend in with the building or structure. 4. Other a) Owners shall remove antenna systems that have not been in use for two years. b) The Municipality will encourage buildings greater than 10 storeys to be designed to accommodate antenna systems. PROCEDURES FOR MUNICIPAL AND PUBLIC CONSULTATION 1. Pre-consultation a) Prior to the installation of antenna systems, proponents are strongly encouraged to consult with the Municipality's Planning Services Department, and Engineering Services Department to discuss the site search area, site selection, including land use compatibility, sensitive visual areas and vistas, existing and proposed land uses and other potential impacts. Consultation with the Chief Building Official may also be required. b) The proponent is required to consult with adjacent municipalities within 500 metres, measured from the tower base, or the outside perimeter of the supporting structure, whichever is greater. The proponent shall provide written confirmation of this consultation to the Director of Planning Services. 2. Submission Requirements For the purposes of administration and processing, proponents will be required to complete an application for site plan approval. The application shall be submitted to the Municipality of Clarington Planning Services Department with the appropriate fees. Such applications are not processed under Section 41 of the Planning Act. a New Freestanding Antenna Systems MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 3 I I i SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 All proposals for new Freestanding Antenna Systems, where consultation with the Municipality is required by Industry Canada, will include the following information: i. Written justification from the proponent as to the need for the Antenna System and that the proposed location for the new tower is the preferred alternative. Structure/Building-mounted Antenna Systems, Co-location, Alternative Tower structures and compliance with Health i Canada's Safety Code 6 shall be addressed in the justification; ii. A site plan showing the subject property, including the existing property lines, and/or the leased area (as applicable), site grading, existing and proposed buildings, fences, buffering, existing and proposed landscaping, access, parking and type and height of the proposed Freestanding Antenna System; iii. Pictures of the location and the proposed Freestanding Antenna System and associated facilities superimposed on the picture from four directions; north, south, east and west; iv. Two sets of stamped engineered drawings to identify the Freestanding Antenna System design; and v. A map showing the horizontal distance between the Freestanding Antenna System installation and the nearest residential zone and/or residential dwelling. b) Structure/Building-mounted Antenna Systems All proposals for Antenna Systems'on structures and buildings, where consultation with the Municipality is required by Industry Canada, will include the following information: i. A plan showing the location of the proposed Antenna System and associated facilities on the structure or building; ii. Two sets of stamped engineered drawings to identify the Antenna System and associated facilities on the structure or building and anything required by the Clarington Chief Building Official; and iii. Pictures of the structure or building with the proposed Antenna System and associated facilities superimposed on the picture from four directions; north, south, east and west. c) Alterations to existing Antenna Systems Where modifications to an existing Antenna System are proposed, that are not excluded from municipal consultation, an amendment to the approved plans may be required and the corresponding fee must be remitted. 3. Public Consultation Process a) Public consultation may not required by the Municipality in the following situations: i) Roof top installations of Antenna Systems; ii) Additions or modifications of existing Antenna Systems where the original height of the structure is not being increased by more than 25% and where the existing Antenna System is at least 15 metres in height; and iii) Antenna Systems that are less than 15 metres above ground level. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 4 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 i APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 The Director of Planning Services may also exempt the proponent from the public consultation requirement following pre-consultation with the Planning Services Department and the proponent. Exemptions will generally be considered where towers are proposed adjacent to 250 kv or 500 kv hydro towers. b) Required Public Consultation i) Notice Requirements For proposed new Antenna Systems or significant additions or modifications to Antenna Systems, the proponent shall give written notice, by regular mail or hand delivered, to the owners and/or tenants of the lands within the circulation area of the subject property or leased area, adjacent Municipalities (where required), the Director of Planning Services, the Municipal Clerk, and all Members of Clarington Council. The circulation area for the notice is as follows: • Within Urban Areas, except for — 120 metres or 4 times the height of the tower Future Urban Residential Areas whichever is greater • In all other areas — 500 metres • Where the circulation area extends onto a property with multiple tenants or residents (apartments, condominiums, commercial areas etc.) all of those tenants or residents must be notified of the proposal. The notice shall include the following information: • The location of the subject property, the leased area (if applicable) and the proposed location of the Antenna System on the subject property; • A plan that shows the Antenna System type, height, design, colour, associated structures, access locations and lighting; • A confirmation that the Antenna System will comply with Health Canada's Safety Code 6, which sets safe radiofrequency emission levels for these devices; • The rationale, including height and location requirements, of the proposed Antenna System; • Date, time and location of Public Information Centre; • The name and telephone number of a contact person employed by the proponent and the municipal contact person; and • A deadline date for the receipt by the proponent of public responses to the proposal. The Municipality shall provide a mailing list to the proponent. ii) Public Information Centre The Public Information Centre (PIC) shall be held no sooner than 30 days and no later than 45 days of the notice being mailed or hand delivered. The format of the PIC may be determined by the proponent however the date, time and location for the PIC shall be agreed upon by the Municipality and the proponent. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page I i I SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 At the Public Information Centre the proponent shall be responsible for displaying all the necessary drawings and pictures. Subsequent to the Public Information Centre the proponent shall provide to the Planning Services Department the following: • A record of names, addresses and telephone numbers of attendees; • Notes of the meeting which include issues and concerns that were raised by the public; and • A letter indicating how the proponent will address the concerns and issues raised by the public at the PIC. Staff from the Planning Services Department shall attend the Public Information Centre for observation purposes only. 4. Approvals a) Letter of Concurrence or Non-concurrence i. The Director of Planning Services will issue to Industry Canada, the proponent and Members of Clarington Council a Letter of Concurrence stating that the proponent has satisfactorily consulted with the Municipality. Such letter will be provided within 60 days from the date the application is submitted and deemed complete by the Planning Services Department (120 days where public consultation is required) or, in the case where a Letter of Undertaking is required, when a Letter of Undertaking has been completed to the Municipality's satisfaction. ii. If the Municipality of Clarington is not satisfied with the proposal, then the Director of Planning Services will issue a letter of non-concurrence to Industry Canada, the proponent and Members of Clarington Council indicating the reasons why the Municipality is not satisfied with the proposed Antenna System. b) Letter of Undertaking i. Letter of Undertaking is required in situations where: • a new, non-excluded Antenna System is constructed; • a new equipment shelter is to be constructed on a roof-top; and • a new equipment shelter is to be constructed to accommodate co-location on an existing Antenna System. ii. When the Municipality of Clarington is satisfied with the site location, layout and design, the proponent will provide a Letter of Undertaking, in the Municipality's prescribed format, to address the following issues as they are applicable: • Site Plan and Landscaping drawings; • Building Permits; • Entrance Permits from the road authority; • Sign Permits from the Municipality of Clarington; • Security deposits for site works; MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 6 i i 'i I i i SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 • Road widenings and easements; • A commitment to remove an Antenna System within two years of it no longer in use; • A commitment to accommodate other future antennas on site where feasible; and • Other conditions as required. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 7