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HomeMy WebLinkAboutCAO-019-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 4, 2023 Reviewed By: Mary -Anne Dempster, CAO File Number: Report Number: CAO-019-23 Resolution#: GG-199-23 By-law Number: Report Subject: Radiocommunication and Broadcasting Antenna Systems Protocol Recommendations: 1. That Report CAO-019-23, and any related delegations or communication items, be received; 2. That Policy PSD-DO008 (Antenna Systems) be repealed; 3. That the Radiocommunication and Broadcasting Antenna Systems Protocol be delegated to the CAO and the Director of Planning and Infrastructure Services; 4. That Staff be directed to work directly with private sector telecommunications providers (spectrum holders) to discuss using, through a leasing arrangement, Municipal infrastructure and/or land to further expand their networks; and 5. That all interested parties listed in Report CAO-019-23, and any delegations be advised of Council's decision. Municipality of Clarington Report CAO-019-23 Report Overview Page 2 The purpose of this report is to increase the level of cellular connectivity across our community using tools available to the Municipality of Clarington. Attached is an updated Radiocommunication and Broadcasting Antenna Systems Protocol to further enable the development of a high -calibre wireless telecommunications environment throughout Clarington, as well as a plan to work with national carriers to discuss using Municipal infrastructure to address coverage gaps and improve connectivity. Planning and Infrastructure Services will undertake policy and process updates to assist with proactively anticipating connectivity gaps. This will allow for municipal support to be provided where possible, through the strategic use of public infrastructure. 1. Background 1.1. Council adopted Policy PSD-D0008 (Antenna Systems) (Attachment 2) in 2002. The policy was updated in 2013, following collaboration between the Federation of Canadian Municipalities and Canadian Wireless Telecommunication Association on policies to make the installation of telecommunications antenna and towers consistent across the country. 1.2. The current policy ensures that the installations of telecommunication systems are treated and processed in a consistent manner. The policy acknowledges that the federal government through Innovation, Science and Economic Development Canada is the approval authority. The responsibility for review of applications and providing a municipal response is delegated to the Director of Planning and Infrastructure Services through the policy. 1.3. In Canada, the federal Minister of Innovation, Science and Economic Development ("ISED"), formerly known as Industry Canada, has the authority under the Radiocommunication Act to approve antenna system installations. The final decision to approve the location of antenna systems is made only by ISED. Municipalities do not have the authority to override ISED's decision in this regard. 1.4. The updated Radiocommunication & Broadcasting Antenna Systems Protocol (Protocol), as approved by the CAO, exists so that the process for establishing antenna systems in Clarington is outlined in advance to ensure that telecommunications and broadcasting companies can satisfy the requirements of the ISED for consultation with local Land Use Authorities prior to approval of new installations. 1.5. This Protocol provides guidance and direction to proponents, Council, the Planning & Infrastructure Services staff, and members of the public about the process of establishing radiocommunication and broadcasting antenna systems, including Industry Municipality of Clarington Page 3 Report CAO-019-23 Canada's authority, mandate, and process. The proponents of communication facilities will follow this Protocol as a condition of the licenses that are issued by ISED. 2. Updated Radiocommunication & Broadcasting Antenna Systems Protocol 2.1. The updated Protocol continues to include the requirements from the ISED and provides additional emphasis on the following: • To outline the Municipality's site selection and design guidelines for cell towers and other antenna installations; • Encourage designs that integrate with existing and planned surrounding land use and public realm and minimize visual impacts; • To outline a Municipality of Clarington consultation process prior to the installation and modification of cell towers and other antenna installations covered by this protocol for telecommunications facilities; • Provide a straight -forward, objective process for the installation of antenna systems; and, • To enable the development of a high calibre wireless telecommunications service in Clarington. 2.2 The overall intent of the update is to more clearly articulate the process to potential proponents and showcase our interest to potentially utilize Municipal infrastructure to house connectivity equipment. 3. Next Steps Official Plan Policy 3.1 Official Plan policy a) encourages the development of a telecommunications network throughout Clarington to contribute to our economic competitiveness and support access to information for residents and businesses, b) outlines considerations when siting proposed antennas and c) requires the review and update of any Protocols. Clarington's Telecommunications Antenna Systems Protocol (Attachment 1) has been developed in accordance with Official Plan policy. Use of Municipally Owned Infrastructure and/or Land 3.2 The Municipality will initiate discussions with utility providers to consider opportunities for the enhancement and/or replacement of existing utilities as part of street construction improvements and maintenance. Municipality of Clarington Page 4 Report CAO-019-23 3.3 The Secondary Plan program as well as the Official Plan Review provides further opportunities to facilitate improvements to connectivity throughout Clarington. Requiring a connectivity map to highlight service gaps, early in the development process will allow the Municipality to proactively anticipate connectivity needs as we navigate growth. 3.4 Should major gaps exist, staff will work with the proponents to discuss using Municipal infrastructure/land to facilitate connectivity efforts. It is important to note that the Municipality and likely the development applicants are not in the telecommunications business. As such, staff will develop a process to engage providers to fill these gaps. 3.5 Should larger infrastructure be required, staff will discuss the option of placing equipment within the municipal road right-of-way or, more generally, on municipal land. These negotiations will be a joint internal effort. Small Cell Technologies 3.6 Networks can be expanded using traditional cellular towers, but there are also small cell technologies available. Small cell technologies are much smaller and lower powered than traditional cell towers/antennas and typically involve mounting small cell box/antenna(s) onto an existing infrastructure (utility poles, streetlights). 3.7 The small cell units function separately from the streetlights and would not be a hindrance to the maintenance of Municipally -owned infrastructure. Therefore, from a maintenance point of view, the installation of small cells on Municipal poles, for example, will not have any impact on day-to-day operations of the light standards. 3.8 Small cell technology agreements could significantly improve wireless service within gap areas, generate new revenue and better position Clarington for future innovation opportunities and support for our businesses. Further, integrating small cell technology using existing Municipally -owned infrastructure could limit the need for traditional cellular towers. 3.9 As a next step, staff intend to reach out to mobile spectrum license holders operating in our community to solicit their interest to further expand their networks, with the option to lease Municipal infrastructure and/or land. These efforts will focus primarily on the installation of small cell technologies on Municipally -owned streetlight poles to address weak signals in certain locations, thereby improving network quality and capacity throughout the Municipality. Clarington would gain a new revenue source for the use of its infrastructure. 3.10 According to the most recent commercial mobile spectrum holding data that staff could find, 76% of it is controlled by Bell, Rogers, and Telus — all of whom have a presence in Clarington. Municipality of Clarington Page 5 Report CAO-019-23 3.11 Staff intend to reach out to those companies. Given the complexity, there would be a joint approach between departments to negotiate with any potential private sector partner(s). 3.12 Companies have entered into small cell agreements with the Town of Aurora, City of Richmond Hill and Uxbridge, for example. The Town of Aurora's existing agreement includes a set fee of $750 per year, per location, as well as a one-time application fee of $500 per location. Communications 3.13 Staff have developed a dedicated webpage that will be made live after this report is considered by Council. It would include an overview of who is responsible for what, our policy, the process for installation and management and the approach that we are taking by working directly with providers. This webpage would include appropriate FAQs, and an online application and payment. 4 Financial Considerations Not Applicable. 5 Concurrence This report has been reviewed by the Director of Planning and Infrastructure Services and the Deputy CAO/Solicitor who concur with the recommendations. 6 Conclusion It is respectfully recommended that Council endorse the new Protocol and direct staff to work directly with private sector telecommunications providers operating in Clarington to discuss using Municipal infrastructure and/or land to further expand their networks. Staff Contact: Justin MacLean, Manager — Strategic Initiatives, Jmaclean@Clarington.net or Lisa Backus, Manager — Community Planning, Lbackus@Clarington.net Attachments: Attachment 1 - Radiocommunication and Broadcasting Antenna Systems Protocol Attachment 2 - Policy PSD-DO008 (Antenna Systems) Attachment 1 to Report CAO-019-23 Management Directive If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Number: NAn-nno Title: Attachment 1 to Report CAO-019-23 Radiocommunication and Broadcasting Antenna Systems Protocol.docx Type: Development Sub -type: General Owner: Planning and Infrastructure Services Development Review Division Approved By: CAO Approval Date: December 18, 2023 Effective Date: December 18, 2023 Revised Date: December 4, 2023 Applicable to: All Departments and Staff Legislative or Administrative Authority: 1.1 Federal Jurisdiction Telecommunication Antenna/Tower Systems are exclusively regulated by Federal legislation under the Radiocommunication Act and administered by Innovation, Science and Economic Development ("ISED") Canada, formally known as Industry Canada. Therefore, legislation such as the Planning Act, including zoning by-laws do not apply to these antenna systems. It is important to understand that ISED Canada, while requiring proponents to follow municipal consultation protocols, makes the final decision on whether or not an antenna system can be constructed. The Municipality of Clarington (the "Municipality") can only provide comments to ISED Canada. The Municipality also does not have the authority to stop the construction of an antenna system. 1.2 Other Federal Jurisdiction As a Federal undertaking, antenna systems must adhere to all applicable Federal regulations and guidelines, including but not limited to: • ISED Canada's Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular (CPC-2-0-03); • ISED Canada's Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements (CPC-2-0-17); Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 • Health Canada's Safety Code 6 - Limits of human exposure to radio frequency Electomagnetic Fields in the Frequency Range from 3 KHZ to 300 GHZ; • National Building Code of Canada; • Canadian Environmental Assessment Act; and • Transport Canada's painting and lighting requirements for aeronautical safety. 2. Purpose: 2.1. To maintain policies and procedures that are harmonized with ISED Canada procedures and protocols for the installation of antenna systems, which emphasize the following: • To outline the Municipality's site selection, design guidelines and consultation process for the installation and modification of cell towers and other antenna installations covered by this protocol for telecommunications facilities.; • Encourage designs that integrate with existing and planned surrounding land use and public realm and minimize visual impacts; • To outline a municipal consultation process for the installation and modification of cell towers and other antenna installations covered by this protocol for telecommunications facilities; • Provide a straight -forward, objective process for the installation of antenna systems; and • To enable the development of a high calibre wireless telecommunications service in Clarington that ensure all residents are connected. Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 3. Scope: 3.1. This Protocol applies to anyone (referred to in this document as "the proponent") who is planning to install or modify an antenna system, regardless of the type of antennae and the type of installation. This includes telecommunication carriers, businesses, governments, Crown agencies, and the public. Anyone who proposes to use or own an antenna system must follow this Protocol. The requirements also apply to those who install towers or antenna systems on behalf of others or for leasing purposes ("third party tower owners"). 4. Definitions: Amateur radio operator: is someone who uses equipment at an amateur radio station to engage in two-way personal communications with other amateur operators on radio frequencies assigned to the amateur radio service. 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. This protocol most commonly refers to the following two types of Antenna Systems: Freestanding Antenna System: a structure (e.g., tower or mast) built from the ground for the expressed purpose of hosting an Antenna System or Antenna Systems; Building/Structure-Mounted Antenna System: 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. Non -Tower Structures shall mean structures that camouflage or conceal the presence of antennas or towers such as flagpoles, water towers, church steeples, streetlights, 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. Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 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 expressed purpose of hosting an Antenna System(s). Height shall mean the height of an antenna system measured from the lowest ground level at the base, including the foundation, to the tallest point of the antenna system. Depending on the particular installation, the tallest point may be an antenna, lightning rod, aviation obstruction lighting or some other appurtenance. Any attempt to artificially reduce the height (addition of soil, aggregate, etc.) will not be included in the calculation or measurement of the height of the antenna system. Tower Facility shall mean the support structure, antenna systems foundations, and fenced compound enclosing the antenna system. 5. Exclusions 5.1. Excluded Structures The following types of antenna system installations or modifications are excluded by ISED Canada from the requirement to consult with the public and the requirement to submit a formal antenna system proposal to the Municipality for review: a. New Antenna Systems: where the height is less than 15 metres above ground level. This exclusion does not apply to antenna systems to be used by broadcasting undertakings, telecommunications carriers or third -party tower owners; b. Existing Towers: modifications may be made, or the tower may be replaced, to facilitate sharing or the addition of antennas, provided that the total height increase is no greater than 25% of the height of the initial antenna system installation. Any modifications resulting in the maximum tower height exceeding 15m will no longer be considered exempt under Section 5.1. No increase in height may occur within one year of completion of the initial construction; c. Non -Tower Structures: antennas on buildings, water towers, lamp posts, etc. may be installed provided that the height of the structure is not increased by more than 25%; and Page of 25 Management Directive ciffbooll If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 d. Temporary Antenna Systems: used for special events or emergency operations and must be removed three months after the start of the emergency or special event. e. No consultation is required prior to performing maintenance on an existing antenna system. Individual circumstances vary with each antenna system installation and modification, and the exclusion criteria should be applied in consideration of local circumstances. Consequently, it may be prudent for the proponent to consult even though the proposal meets an exclusion noted above. Therefore, when applying the criteria for exclusion, proponents should consider such things as: • the antenna system's physical dimensions, including the antenna, mast, and tower, compared to the local surroundings; • the location of the proposed antenna system on the property and its proximity to neighbouring residents; Transport Canada's marking and lighting requirements for the proposed structure. Proponents who are not certain if their proposals are excluded, or whether consultation may still be prudent, are advised to contact Planning and Infrastructure Services. 6. Siting on Municipally Owned Properties 6.1. Any request to install an antenna system on lands owned by the Municipality shall be made to the Director of Planning and Infrastructure Services (or designate). If the proposed location is acceptable in principle, the Director (or designate) will ask the requestor to continue with the process in accordance with this Protocol. 6.2. Proponents must still submit a formal request to the Municipality of Clarington in accordance with this Protocol and follow the public consultation process in accordance with Section 9 of this Protocol, unless the proposal meets the exclusion criteria under Section 5 of this protocol. 6.3. Notwithstanding the public consultation requirements outlined in Section 9 of this Protocol, the Director (or designate) shall circulate the proposal for Page 5 of 25 Management Directive ciffbooll If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 information to the Mayor and Councillor(s) for the ward in question. Following that, broader public circulation and content of the notice may be required. 7. Site Selection for New Antenna Systems The location and design guidelines outlined in this section are established to encourage proponents to select sites that minimize the number of tower and antenna facilities erected in the Municipality and to ensure that selected sites minimize visual impacts on the surrounding area. 7.1. Co -location Before submitting a proposal for an Antenna System on a new site, the proponent must explore the following options: a. Consider sharing, modifying or replacing an existing Antenna System structure. b. Consider using any feasible existing infrastructure in the area, including but not limited to, rooftops, water towers, utility poles or light standards. Proponents shall demonstrate efforts made for co -location. 7.2. Preferred Locations Where co -location on an existing Antenna System or structure is not possible, proponents are encouraged to: a. Consider the use of Municipally -owned lands and/or facilities, where technically feasible, and acceptable to the Municipality. b. Select sites for new towers that are within industrial, commercial, or non- residential areas, and/or that maximize the distance from residential areas, listed and designated heritage buildings and sites, and sensitive uses, and that do not interfere with traffic flows. C. Provide new towers with co -location capabilities. Proponents should make all reasonable efforts to consider co -location in their proposal. d. On undeveloped sites, locate the structure and equipment shelter so as not to preclude future development opportunities for the site. Page 6 of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 7.3. Discouraged Locations The Municipality discourages the installation of new antenna systems in the following locations: a. Residential areas except where located on high rise buildings or if needed for emergency service or municipal operations. b. On sites of topographical prominence or located in such a manner that would obscure public views and vistas. c. Within or adjacent to environmentally sensitive lands. d. On, or immediately adjacent to, Heritage Properties or within Heritage Conservation Districts. e. Where the future land use has not been determined or in locations that would preclude the development or redevelopment of the area. If no solution is available to meet service demands other than in a location discouraged by the Municipality, the proponent shall provide a detailed rationale for the necessity of the proposed location in the Site Selection/Justification Report submitted to the Municipality (as noted in Section 8.3). 7.4. Site Design and Layout 7.4.1. Antenna Systems Where a new antenna system must be constructed, proponents shall use the following design guidelines to ensure the facility is appropriately designed and sited to minimize visual impacts on the surrounding area. a. The design should accommodate for future co -location of additional carriers, where appropriate; b. Stealth techniques, such as flagpoles, clock towers, trees, light poles, etc., should be considered and used where appropriate and in harmony with the context of the surrounding area; C. Monopole towers with antennas shrouded or flush mounted are preferred, particularly when the tower is proposed in or near residential areas; Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 d. Equipment shelters should be designed and landscaped in a manner that is compatible and sensitive to the character of the surrounding area in order to mitigate the visual impact; e. Make best effort to preserve existing vegetation and/or provide planting of trees and shrubs around the perimeter fencing to mitigate the visual impact of the antenna system and equipment shelter; Towers should have non -reflective surfaces and be painted with neutral colours that blend with the surrounding landscape, unless Transport Canada requires the use of other materials or colours (e.g., for aeronautical safety purposes); g. Towers should not be illuminated, unless required by Transport Canada; h. Towers and their related components should have no adverse effects on natural heritage features, hydrologically sensitive features or areas prone to natural hazards, and proponents must adhere to the policies within the Municipality's Official Plan that pertain to the protection of the natural environment. Only signage directly related to an antenna system as required by ISED Canada shall be permitted. No third -party advertising or promotion is permitted on a tower facility, unless approved by the Municipality; and, Towers and antennas that are attached or adjacent to existing buildings, including rooftop installations, should be screened and/or designed to complement the architecture of the building with respect to form, materials and colour. Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 7.4.2. Structure/Building-mounted Antenna Systems Where a new antenna system must be constructed on rooftops or existing structures, proponents shall use the following design guidelines to ensure the facility is appropriately designed and sited to minimize visual impacts on the surrounding area. a. Wall mounted antenna on the side of a building are discouraged below the roof but may be permitted subject to appropriate design. Wall mounted antenna on penthouses and stairwells above the roof are preferred; b. Utilizing alternative tower structures; C. New antennas should have a maximum height of 6 metres above the highest point of the building or existing structure and it should be setback a minimum of 3 metres from the roof edge on a building; d. Equipment shelters on roof tops should be setback from the roof edge as appropriate with appropriate consideration of the structural design of the roof; e. The colour and architectural style of the antenna and equipment shelter shall blend in with the building or structure; If an equipment shelter is aboveground and related to a roof -top antenna then the architecture of the equipment shelter must reflect appropriate urban design considerations related to the area within which it is located (e.g. pitched roof, brick if in a residential area); and, g. Locations and heights that are in compliance with Transport Canada's requirements relative to the Oshawa Executive Airport. 7.5. Amateur Radio Operators in Residential Areas The following location and design guidelines apply to amateur radio operators proposing the installation of new radiocommunication antenna systems in residential neighbourhoods. a. The antenna system should be located in the rear yards of properties. Avoid locating these systems in front or flankage side yards, or on environmentally sensitive lands, designated heritage sites and within a designated heritage conservation district. Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 b. The height of the antenna system should not exceed 15.0 metres above ground level and the width should not exceed 3.0 metres at any point. C. No part of the antenna system should be located within 1.2 metres of any lot line. d. When located on a roof of a building or structure, the antenna system should only be located on that part of the roof closest to the rear yard. e. Non -reflective surfaces and neutral colours that blend with the surrounding area should be used. No part of the antenna system shall include or be used for graphics, signage, flags, or lighting. 8. Pre -consultation with Municipality Proponents are required to have a preliminary consultation (known as a "Stage 1" pre - consultation) with the Planning and Infrastructure Services Department prior to submitting a formal request to install an antenna system unless it is an excluded structure in Section 5. This initial contact will allow the proponent to meet with staff to discuss the proposal, including the rationalization behind the site selection. During this meeting, Municipal staff will provide preliminary input and comments regarding the proposal such as, but not limited to, land use compatibility, potential impacts on high profile and sensitive areas, alternative sites, aesthetic or landscaping preferences and other agencies to be consulted. This meeting will also provide an opportunity for Municipal staff to inform the proponent of the formal consultation process outlined herein and to advise on the notification process for this proposal. The proponent is required to consult with adjacent municipalities that are located 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 and Infrastructure Services. Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 8.1. Pre -consultation Meeting Requirements The following information must be provided to the Planning and Infrastructure Services Department, to the attention of the Director (or designate) prior to scheduling a pre - consultation meeting: a. Cover letter describing the rationale for the proposed location and other potential sites; b. Aerial photos of the potential sites for the antenna system; C. Draft site plan or survey plan of the subject property showing the location of the proposed antenna system in relation to the site and/or buildings on the property; d. Elevation drawings of the proposed antenna system, height and colour; e. Photo Simulations showing the proposed antenna system structure in four different directions, and, Anticipated coverage and capacity (as a result of installation). 8.2. Pre -consultation Summary Following the pre -consultation meeting, the Director (or designate) will provide the proponent with a letter outlining the Municipality's requirements and summarizing the results of the pre -consultation meeting. The summary letter will generally provide: a. The Municipality's formal submission requirements as set out in Section 8.3; b. A list of plans and studies that may be required; c. A list of municipal departments and agencies to be consulted; d. An indication of the Municipality's preferences regarding location and design guidelines for the site(s) under discussion; and, e. Confirmation of the notification requirements for the proposal, following consultation with the Mayor and Ward Councillors. Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 8.3. Formal Submission Requirements For the purposes of administration and processing, proponents will be required to complete an application for site plan approval. The proponent must submit the following materials to the Planning and Infrastructure Services to the attention of the Director (or designate) with the appropriate fees in addition to the materials outlined at the pre -consultation meeting and outlined in the summary notes. Such applications are not processed under Section 41 of the Planning Act. New Freestanding Antenna Systems All proposals for new Freestanding Antenna Systems, where consultation with the Municipality is required by ISED, will include the following information: a. A completed Radiocommunication and Broadcasting Antenna System application form and applicable fees; b. A Site Selection/Justification Report prepared by a qualified professional, such as a land use planner or engineer. The report should identify all antenna systems within the vicinity of the proposed location. It should also include details with respect to the coverage and capacity of the existing antenna systems in the surrounding area and provide detailed evidence as to why co - location on an existing antenna system is not a viable alternative to the construction of a new tower facility and compliance with Health Canada's Safety Code 6 shall be addressed in the justification; C. 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; d. 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; e. Two sets of stamped engineered drawings to identify the Freestanding Antenna System design, this will be required to submit at time of entering into a Letter of Undertaking with the Municipality; Page of 25 Management Directive ciffbooll If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 A map showing the horizontal distance between the Freestanding Antenna System installation and the nearest residential zone and/or residential dwelling; g. A public notification package (as per Section 9); h. A copy of the draft notice and the proposed date on which it will be distributed (no sooner than 14 days from the date of request being submitted), if applicable; A copy of the draft notice sign to be posted on the subject property, if applicable; Photo Simulations show the proposed antenna system structure in four different directions; and, k. Any required technical reports, background information and other supporting materials provided to the proponent during or after the pre -consultation meeting. Structure/Building-mounted Antenna Systems All proposals for Antenna Systems on structures and buildings, where consultation with the Municipality is required by ISED, will include the following information: a. A plan showing the location proposed Antenna System and associated facilities on the structure or building; b. Building permits to be submitted in accordance with the Ontario Building Code, and any relevant information that may be required by the Clarington Chief Building Official (or Designate) if necessary; and, C. 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. Page 13 of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Alterations to existing Antenna Systems Where modifications to an existing Antenna System are proposed that are not excluded from municipal consultation, amendment to the approved plans may be required and the corresponding fee must be remitted. 8.4. Determination of Complete or Incomplete Application Within 5 working days of the submission, a staff member will be assigned to the application and confirm receipt. The Director (or designate) will determine whether the required antenna system documentation is deemed complete or incomplete. If the required materials listed in Section 8.3 of this Protocol are not complete or provided to the satisfaction of the Director (or designate), the application will be deemed incomplete and the official commencement of the 120 day consultation process will not commence. The Director (or designate) will notify the proponent of the outstanding items to be addressed. When the application is deemed complete by the Director (or designate), the 120 day consultation process will officially commence, and the Director (or designate) will: a. notify the proponent that the application has been deemed complete and application the proponent to initiate the required public consultation process; b. notify the Mayor and Ward Councillors of the complete application; and, C. circulate the proposal to the applicable municipal departments and agencies for review and comment. 9. Public Consultation 9.1. Public Consultation Requirements Where a Antenna System Review Process is required, the proponent must carry out public consultation in accordance with this Protocol. The proponent must not initiate public notification or consultation for an antenna system proposal until a formal submission has been made to the Municipality and written confirmation from the Director (or designate) to proceed with public notification and consultation has been provided. Page of 25 Management Directive ciffbooll If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The proponent shall be responsible for all costs associated with public notification and consultation. 9.2. Public Notification Requirements The proponent is to distribute the public notification packages by mail to the following recipients: a. All property owners and resident associations within a radius of the following: Within an Urban Boundary: The greater of 150 metres or three times the tower height, measured from the tower base or the outside perimeter of the supporting structure. For the purpose of this requirement, the outside perimeter begins at the furthest point of the supporting mechanism, such as the outermost guy line, building edge, face of the self-supporting tower, etc. Outside an Urban Boundary: 500 metres. For the purpose of this requirement, the outside perimeter begins at the furthest point of the supporting mechanism, such as the outermost guy line, building edge, face of the self-supporting tower, etc.; b. The Mayor and WardCouncillors in which the proposed antenna system is located; c. The Municipal Clerk (or designate); and, d. Adjacent municipalities within 500 metres of the proposed tower facility. e. Proponents are also required to send a copy of the public notification package to the Director (or designate). 9.3. Public Notification Package Requirements a. A location map, including the address, clearly indicating the exact location of the proposed antenna system in relation to the surrounding properties and streets; including a letter size (8.5" x 11 ") copy of the site plan submitted with the application; b. A physical description of the proposed antenna system including the height, dimensions, tower type/design, any antenna(s) that may be mounted on the tower, colour and lighting; Page 15 of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 c. An elevation plan of the proposed tower facility; d. Colour simulated images of the proposed tower facility; e. The proposed antenna system's purpose, the reasons why existing towers or other infrastructure cannot be used, a list of other structures that were considered unsuitable, and future sharing possibilities for the proposal; f. An attestation that the general public will be protected in compliance with Health Canada's Safety Code 6 including combined effects within the local radio environment at all times; g. Address, location (including a map) and timing of the public information centre, if applicable; h. Information on how to submit written public comments to the Applicant and the closing date for submission of written public comments; Reference to the Municipality of Clarington's Radiocommunication and Broadcasting Antenna Systems Protocol and where it can be viewed (www.clarington.net); j. The following sentences regarding jurisdiction: "Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Innovation, Science and Economic Development Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The Municipality of Clarington is participating in land -use consultation pursuant to Issue 5 of I Innovation, Science and Economic Development Canada's CPC 2-0-03. In the case of a dispute between the proponent and the Municipality, a final decision will be made by ISED"; k. Notice that general information relating to antenna systems is available on Innovation, Science and Economic Development Canada's Spectrum Management and Telecommunications website ( www.ised-isde.canada.ca/); I. The name and telephone number of a contact person employed by the proponent and the municipal contact person; and, Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 m. Closing date for submission of written public comments. 9.4. Public Notice Sign Unless otherwise determined through pre -consultation, the proponent shall erect a sign on the property notifying the public of the proposal to establish an antenna system on the subject property. The sign shall be erected on the property so that it is clearly visible and legible from the street(s) - on all frontages. The sign shall be professionally prepared and its size shall be a minimum of 1.2 metres by 1.2 metres and located a minimum of 1.0 metre and a maximum of 1.8 metres from the ground. However, the size of the sign shall not exceed 2.4 metres in height by 1.2 metres in width unless otherwise specified through pre -consultation. The erection of the notice sign should be coordinated with the distribution of the public notification packages. Photographs showing the sign posted and the date on which it was erected on the subject property shall be submitted to the Director (or designate) within ten days after the sign has been erected. The sign shall remain on the subject property for the duration of the public consultation process. The proponent shall be responsible for removing the sign no later than 21 days after the completion of the consultation process. 9.5. Public Information Centre The Public Information Centre (PIC) shall be held no sooner that 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. Staff from the Planning and Infrastructure Services Department shall attend the Public Information Centre for observation purposes only. The type of public meeting to be conducted (open house, drop -in, town hall or virtual format) is up to the discretion of the Proponent, however, the proponent shall adhere to the following requirements when organizing and convening a Public Information Centre: Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 a. The Public Information Centre shall be open and accessible to all members of the public and local stakeholders. b. An appropriate date, time and location for the Public Information Centre will be determined in consultation with the Municipality and the Proponent. C. The duration of the Public Information Centre shall be a minimum of 2 hours. d. Two display panels, at a minimum, containing a site plan drawing and colour photographs of the subject property with superimposed images of the proposed antenna system shall be displayed at the Public Information Centre. e. The proponent shall provide information regarding the tower proposal, including the purpose of the tower, general information relating to Health Canada's Safety Code 6 and a clear statement indicating that telecommunication tower/antenna facilities are exclusively regulated by Federal legislation under the Radiocommunication Act and administered by Innovation, Science and Economic Development Canada; Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The Municipality of Clarington is participating in land -use consultation pursuant to Issue 5 of Innovation, Science and Economic Development Canada's CPC 2-0-03. Public notification packages including a public comment sheet shall be made available for attendees. g. Closing date for written public comment Industry s shall be clearly announced at the Public Information Centre. h. A record of all names, addresses, email addresses and phone numbers of the attendees shall be retained, subject to applicable privacy laws in respect of personal information. 9.6. Responding to the Public The proponent is to address all applicable concerns, make all efforts to resolve them in a mutually acceptable manner and must keep a record of all associated communications. If the public or Director (or designate) raises a question, comment or concern relating to the tower facility, as a result of the public consultation process, the proponent is required to: Page of 25 Management Directive ciffbooll If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 a. Respond to the party in writing within 14 days by acknowledging receipt of the question, comment or concern and keep a record of the communication. b. Address, in writing, all applicable concerns within 30 days of receipt or explain why the question, comment or concern is not, in the view of the proponent, applicable and clearly indicate that the party has 21 days from the date of the correspondence to reply to the proponent's response. C. In the case where the party responds within 21 days, the proponent shall address all applicable concerns within 21 days, either in writing, by contacting the party by telephone or engaging the party in an informal meeting. 9.7. Closing Date for Written Public Comments The closing date for submission of written public comments shall not be less than: a. 14 days after the Public Information Centre, where a public information session is required; or b. 30 days where a Public Information Centre is not required. 10. Post Consultation 10.1. Consultation Summary Package The proponent shall provide to the Director (or designate) a package summarizing the results of the public consultation process which shall include the following information: a. Attendance list and contact information from the Public Information Centre (if applicable). b. All written public comments and/or concerns received regarding the proposal. c. The proponent's responses to the public comments and/or concerns, outlining how the concerns were or will be addressed, or alternatively, by clearly indicating why such concerns are not applicable. d. Details of any modifications to the proposal, including revised plans and drawings, if applicable. Page 19 of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 A recirculation of the public notification packages will be required if the proposed antenna system has been relocated as a result of the initial public consultation process. 10.2. Municipal Comment Letter on Proposal The Director of Planning and Infrastructure Services will issue to ISED, the proponent and Mayor and Ward Councillor a letter outlining one of the following: a. Concurrence; b. concurrence with conditions; or C. non -concurrence. 10.3 Post -Consultation Construction Time Limit The construction of an antenna system must be completed within three years of the conclusion of consultation. After three years, previous consultations will no longer be valid. 10.4 Letter of Undertaking Letter of Undertaking is required in situations where: a. a new, non -excluded Antenna System is constructed; b. a new equipment shelter is to be constructed on a roof -top; and, C. a new equipment shelter is to be constructed to accommodate co -location on an existing Antenna System. When the Municipality 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: a. Site Plan and Landscaping drawings; b. Building Permits; C. Entrance Permits from the road authority; Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 d. Sign Permits from the Municipality of Clarington; e. Security deposits for site works; Road widenings and easements; g. A commitment to remove an Antenna System within two years of it no longer being in use; A commitment to accommodate other future antennas on site where feasible; Provide two sets of stamped engineering drawings to identify the Antenna System and associated facilities on the structure or building and anything required by the Chief Building Official; and Other conditions as required. 11 Timeframes 11.3 Consultation Timeframes The consultation process and the decision from the Municipality of Clarington should be completed within 120 days from the date the municipality deems the application complete. Appendix 2 of this Protocol contains a flow chart of the consultation processes. 11.4 Supplementary Public Consultation Where the consultation process has not been concluded and 270 days have elapsed from the time of the public notification packages being sent, the proponent may be required to carry out a supplementary public consultation process, if requested by the Director (or designate). 11.5 Redundant Antenna Systems The Director (or designate) may issue a request to a network operator to clarify that a specific Antenna System is still required to support communication network activity. The network operator will respond within 30 days of receiving the request and will provide any available information on the future status or planned decommissioning of the Antenna System. Page of 25 Management Directive Clff*MR If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Where the network operator concurs that an Antenna System is redundant, the network operator and the Municipality will mutually agree on a timeframe to remove the system and all associated buildings and equipment from the site. Removal will occur no later than 2 years from when the Antenna System was deemed redundant. 12 Roles and Responsibilities: 12.3 Role of Municipality of Clarington The role of the Municipality of Clarington as the Land Use Authority (LUA) is to communicate to proponents the planning priorities and other characteristics of the Municipality that are relevant to the antenna system proposal. In addition, the Municipality advises the proponent on the public consultation requirements outlined in this protocol. A formal decision on a proposal shall be provided by Municipal Council. 12.4 Designated Official for Processing Antenna System Proposals For the purpose of this Protocol, the designated official for the Municipality of Clarington having the authority to administer this Protocol is the Director, Planning and Infrastructure Services (or designate). All correspondence and materials submitted as part of the consultation process shall be addressed to the attention of the Director (or designate). 13 Inquiries: All inquiries regarding Attachment 1 to Report CAO-019-23 Radiocommunication and Broadcasting Antenna Systems Protocol.docx should be sent to Planning@clarington.net. Page of 25 Management Directive ciff;W4011 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 13 Revision History: Date Description of Changes Approved By November 25, First Approved Council 2002 July 2, 2013 Advancement in the the wireless Council telecommunication technology landscape required adjustment - Report PSD-041-13 provides an overview of the changes Page 23 of 25 Management Directive ciffbooll If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Appendix 1: Public Notice Sign Wording Public Notice - Cell Tower [Name of Proponent] is proposing to locate a telecommunication tower/antenna facility, being [#] metres ([#] feet) in height, on this property. (If applicable) A Public Information Centre is scheduled on [date of meeting] from [start time] to [end time] at [location of meeting]. Public comment is invited. The closing date for submission of written comments is [applicable closing date]. For further information, contact [Applicant's name, phone number and e-mail address]. Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by ISED. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The Municipality of Clarington is participating in land -use consultation pursuant to Issue 5 of ISED CPC 2-0-03. In the case of a dispute between the proponent and the City, a final decision will be made by ISED [Municipal and ISED contact information] Page 24 of 25 reconsultation Meeting Formal Submission Municipality Reviews quest for Completeness Complete Request Proponent is notfied by the Municipality to proceed with the distribution of the public notification packages, and erect the notice sign If applicable, Proponent convenes Public Information Centre Proponent responds to all questions, comments and/ or concerns by the public Proponent provides summary package to the Municipality Desicion made by the Director of Planning and Infrastructure Services (or Designate) Concurrence with or without conditions Director (or Designate) provides letter to Proponent and Industry Canada Incomplete Request Proponent submits required information Non -Concurrence Proponent modifies the Proponent advises proposal Industry Canada of Impasse Dispute resolutiuon process Industry Canada makes final decision Proponent decides to relocate proposal on different property location { Attachment 2 to Report CAO-019-23 PLANNING SERVICES DEPARTMENTAL POLICY SUBSECTION: DEVELOPMENT GENERAL PSD-DG008 APPROVED BY: Council INTRODUCTION: SUBJECT: ANTENNA SYSTEMS DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 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; a Encourage designs that integrate with existing and planned surrounding land use and public realm and minimize visual impacts; • Allow input from the public; and e 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 federally-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 I SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 express purpose of hosting an Antenna System(s)I 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 StructuresiBuildings; 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 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 antenna system in compliance with the Sign B MUNICIPALITY OF GLARINGTON PLANNING SERVICES DEPARTMENT Page 2 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-D0008 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 characterbf 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. .MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 3 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 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) StructurelBuilding-mounted Antenna Systems All proposals for Antenna Systems1on structures and buildings, where consultation with the Municipality is required by Industry Canada, will include the following information: L 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 � SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 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 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; Y A confirmation that the.Antenna System will comply with Health Canada's Safety Code 6, which sets safe radiofrequency emission levels for these devices; 6 The rationale, including height and location requirements, of the proposed Antenna System; e Date, time and location of Public Information Centre; C The name and telephone number of a contact person employed by the proponent and the municipal contact person; and 6 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. 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. PLANNING SERVICES DEPARTMENT MUNICIPALITY OF CLARINGTON Page � SUBSECTION: DEVELOPMENT GENERAL PSD-DG008 APPROVED BY: Council SUBJECT: ANTENNA SYSTEMS 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 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 Letter of Undertaking is required in situations where: • anew, non -excluded Antenna System is constructed; • anew equipment shelter is to be constructed on a roof -top; and • anew equipment shelter is to be constructed to accommodate co -location on an existing Antenna System. 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 Pape 4 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 a 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 Pa�je 7