The Corporation of the Township of Huron-Kinloss. BY-l

Transcription

1 The Corporation of the Township of Huron-Kinloss BY-l BEING A BY-lAW TO ADOPT A TElECOMMINICATION TOWER AND ANTENNA PROTOCOL IN THE TOWNSHIP OF HURON-KINlOSS WHEREAS the Council of the Corporation of the Township of Huron-Kinloss deems it expedient to establish policies; AND WHEREAS under the Radiocommunications Act, the Federal Government has exclusive and comprehensive jurisdiction over radiocommunications and telecommunications; AND WHEREAS Industry Canada is the approval authority with respect to telecommunication towers and other equipment in Canada under section 5 of the Radiocommunications Act; AND WHEREAS Industry Canada recognizes that the local land- use authority should have an opportunity to review and influence the location of such facilities; AND WHEREAS the Municipal Act S.O. 2001, c25, Section 5(3), as amended, provides that a municipal power, including a municipality's capacity rights, powers and privileges under section 9, shall be exercised by by-law; NOW THEREFORE the Council of the Township of Huron-Kinloss enacts as follows: 1.0 The Corporation of the Township of Huron inloss hereby adopts a "Telecommunication Tower and Antenna Protocol contained in the attached Schedule "A" to this by-law. 2,0 This By-Law shall come into full force and effect upon its final passage. 3.0 This By-law may by cited as the "Telecommunication Tower and Antenna Protocol By-Law". READ a FIRST, SECOND and THIRD time and FINALLY passed this 19'h day of November, ~/L/ ~~~ Mayor

2 Township of Huron-Kinloss Telecommunication Tower and Antenna Protocol November 2012 Table of Contents Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Appendix 'A' Introduction and Objectives Guidelines Preferred Location and Siting Requirements Design and Landscaping Exemptions from Requirement for Municipal Review Site Plan Review Process Pre-Consultation Site Plan Application Process Submission Requirements Public Consultation Requirements Notice Requirements Exclusions from Requirement from Public Notification Concluding Consultation Confirmation of Local Land Use Authority Consultation/Municipal Response Definitions Photos of Stealth Design Examples File: Sonya/Plan ning/cell Towers/Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

3 Sections 1 - Introduction and Objectives The regulation and approval of telecommunication towers, antennas and related facilities falls under federal responsibility and is governed by the Radiocommunication Act administered by Industry Canada. In some cases, a condition of obtaining a license from Industry Canada requires all Proponents to consult with the local land-use authority and the public as required under the procedures described in Client Procedure Circular "Radio communication and Broadcasting Antenna Systems" (CPC ). The intent is to provide an opportunity to have land-use concerns addressed, while respecting federal jurisdiction. This protocol has been developed with the following objectives and intent 1. To provide a consistent and timely process for the review of telecommunication facilities proposed within the Township of Huron-Kinloss; 2. To encourage consultation by Proponents with the municipality as early in the location process as practical and feasible; 3. To encourage the location and siting of telecommunication facilities in a manner which minimizes the effects on residents, lessens visual impact, and respects natural and human heritage features and sensitive land uses to the greatest extent possible 4. To afford an appropriate and effective opportunity for public notification with respect to mitigating concerns over the siting of wireless telecommunication facilities; and, 5. To recognize that matters pertaining to health (e.g. Safety Code 6), structural safety and the environment fall under the mandate of the federal government, which are further in turn taken into consideration by Industry Canada, as detailed in CPC File: Sonya/Planning/Cell Towers/Telecommunications Tower Anten na Protocol Revised November 19 th, 2012

4 Section 2 - Guidelines Preferred Location and Siting Requirements In general the Township prefers that the following options be considered (in order) when a new telecommunications facility is proposed: 1. Co-location on an existing facility (tower, building or structure): i. The use of existing telecommunications towers and infrastructure is encouraged whenever possible. 2. Roof-top and wall-mounted facilities: i. These facilities are encouraged on industrial, or on utility structures such as hydro transmission towers, utility poles or water towers. ii. Roof-top antennae and/or utility shelters shall be set back from the edge of the roof line so as to minimize visual impact from the ground level. iii. Wall-mounted structures shall project no more than 1 m. iv. Where technically feasible, roof-top and wall-mounted facilities will be designed with co-location capabilities. 3. New towers with co-location capabilities, in industrial, commercial and other non-residential areas, where appropriate: I. New telecommunication towers are strongly discouraged within 120 metres of any Urban Area, elementary, secondary school or daycare or active recreational space, unless required for reasons of engineering or network objectives. If a new tower is proposed to be located within 120 metres of a Urban Area, school or active recreational space, a detailed rationale for the necessity of this location must be provided in the Site Selection/Justification Report (See 'Submission Requirements'). ii. Avoid sites that obscure public views and vistas iii. Ensure compatibility with adjacent uses. iv. Provide access that does not unduly interfere with traffic flows or creates safety hazard. v. Avoid the placement of structures and equipment shelters in front of building(s) unless it is architecturally compatible. VI. Encourage monopoles or other streamlined structures File: Sonya/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

5 Schedule "Au By-Law All proponents for installation options 1, 2 or 3 in urban area should consider disguised (stealth) installations: i. Ensure compatibility with the use, buildings and/or structures on the site and the surrounding neighbourhood. ii. Incorporate telecommunication facilities into the design of new buildings or structures. iii. Consider landmark features such as clock towers, church steeples or flag poles where appropriate. iv. See Appendix 'A' 4. The Township discourages telecommunication facilities in the following locations: a) Urban areas and Residential Zones except if necessary for emergency service operations; b) Environmentally sensitive areas including but not limited to significant wetlands, significant woodlands, significant valley lands, significant wildlife habitats, significant areas of natural and scientific interest and areas of natural hazard as defined by the Township of Huron-Kinloss Official Plan; c) Within Storm Water Management Facilities; and d) Proponents shall be encouraged to locate telecommunication towers within a minimum setback to all property lines and to all existing buildings of a distance equivalent to the height of the tower (measured from grade), whenever possible. e) Within 200 metres of the Lake Huron Shoreline area. Notwithstanding the above, the establishment of telecommunication facilities shall only be considered in the Urban Area or Residential Zones where all other alternatives have be exhausted. 5. Where a telecommunications facility is proposed on an undeveloped site, the Township's preference is to locate the structure and equipment shelter so they do not constrain future site development. The equipment shelter should be screened from view upon recommendation. 6. Where telecommunications facilities are proposed to be located in an area designed for future residential development, the proposal(s) shall complement and become part of the future community without unduly limiting the potential for orderly development of the neighbourhood, and be designed to provide the greatest coverage with the lowest amount of visual impact. 7. The placement of telecommunication facilities or any associated parking spaces shall not create or cause a situation of non-compliance with any Township zoning by-law for any other use, building or structure on the same lot File: Sonya/Planning/Cell Towers(Telecommunications Tower An tenna Protocol Revised November 19 th, 2012

6 Design and Landscaping The use of design features, colour, and landscaping can be used to screen telecommunication facilities from view and will be encouraged, whenever possible. The following design guidelines should be taken into consideration when designing a new tower or antenna: 1. Where appropriate, stealth design techniques, including, but not limited to, camouflaging antenna within church steeples, clock towers, or flagpoles, should be used in the design of a new telecommunication tower in the urban areas. Efforts should be made to decrease the size and visibility of telecommunication towers so that they blend in with the surroundings to the greatest extent possible. To reduce the scale and visual impact of towers, mitigation measures should include consideration of design features, structure type, colour, materials, landscaping, screening and decorative fencing. Natural colours that blend the structure with its surroundings are encouraged (though it is recognized that new towers must comply with the requirements of Transport Canada and NAV Canada). Where equipment shelters are located on the ground, the visual impact of the built form shall be mitigated through the use of colour, decorative fencing, screening, landscaping and/or building material similar to the neighbourhood. If stealth design techniques are employed in the design of a new tower, co-location capacity will not be required in accordance with #1 above. See Appendix 'A' for photos of stealth design examples. 2. The design of the tower or antenna should be sympathetic to the surrounding architecture and built form. Use a colour that is neutral and blends in with the area. Non-reflective surfaces and paints shall be used. 3. Where appropriate, the planning of trees and shrubs at the tower site is encouraged to enhance the character of the surroundings. 4. Safety features shall be incorporated to prevent unauthorized access. 5. Telecommunication towers will only accommodate telecommunication antennas and only singe directly related to the equipment or required by Industry Canada shall be permitted on the site. A small plaque (sign) must be placed at the base of the structure (either on the tower, shelter or fence) identifying the owner/operator and contact information (including phone number). The sign shall be no longer than O.6m x O.6m and contain no third party advertising or promotion. Exemptions to this signage requirement may occur for public safety agencies, under certain circumstances File: Sonva/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised Nove mber 19 th, 2012

7 6. Lighting of telecommunication antenna and towers is prohibited unless required by Transport Canada. Proof of this requirement should be provided by the Proponent to the Township of Huron-Kinloss with their application. If lighting is required, shields to minimize objectionable light (glare) from affecting any adjacent residential area are required, to the extent possible, and in keeping with Transport Canada tower lighting requirements. ' Notwithstanding the above, Transport Canada and NAV Canada requirements for illumination and colour of the telecommunication facility shall supersede this protocol File: Sonya/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised Nove mber , 2012

8 Section 3 - Exemptions from Requirement for Municipal Review Proposed telecommunication towers and antennas which are exempted from the requirement to consult with the Township of Huron-Kinloss under the provision of Industry Canada's CPC (URadiocommunication and Broadcasting Antenna Systems", June 2007) will be exempt from the requirement to submit an application. The exemptions are listed as follows: 1. Maintenance of existing radio apparatus including the antenna system, transmission line, mast, tower or other antenna-supporting structure. 2. Addition or modification of an antenna system (including improving the structural integrity of its integral mast to facilitate sharing), the transmission line, antenna-supporting structure or other radio apparatus to existing infrastructure, a building, etc., provided the addition or modification does not result in an overall height increase above the existing structure of 25% of the original structure's height. 3. Maintenance of an antenna systems painting or lighting in order to comply with Transport Canada's requirements. 4. Installation, for a limited duration (typically not more than 3 months), of an antenna system that is used for a special event or one that is used to support local, provincial, territorial, or national emergency operations during the emergency, and is removed within 3 months after the emergency or special events. 5. New antenna systems, including masts, towers or other antenna-supporting structure, with a height of less than 15 metres above of ground level File: Sonya/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised November 19" 1, 2012

9 Section 4 - Site Plan Review Process All proposals for a new telecommunication tower which are not exempt from the requirement for municipal consultation, as specified in Section 3, are required to submit a full Site Plan Application to the Township of Huron-Kinloss for review. Applications are to be submitted to the attention of the Chief Building Official who has been delegated as approval authority, or in his absence, the Clerk. All submissions received will be brought to the Planning Advisory Committee's attention in the form of a report prepared by the Chief Building Official. While the Township of Huron-Kinloss recognizes that Industry Canada is the final approval authority for telecommunication facilities, it is also recognized that Industry Canada directs telecommunication proponents to consult with the local municipality prior to erecting any non-exempt telecommunication towers. Although new telecommunication facilities are not required to obtain site plan approval under The Planning Act, the Township's Site Plan Application process is an existing process which affords the Township an opportunity to review and comment on new telecommunication towers. There will be no requirement for the proponent to enter into a Site Plan Agreement as part of this process. Pre-Consultation Prior to submitting a Site Plan application, the Proponent is required to contact the Chief Building Official for any proposed telecommunications towers which are not exempt from the requirement for municipal consultation, as specified in Section 3 to discuss the application. Following the Pre-Consultation discussion the applicant will be provided with a "Site Plan Application Form" File: Sonya/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

10 Site Plan Application Process Following the Pre-Consultation meeting, and upon submission of a completed Site Plan Application and fee, the following process shall be undertaken: 1. The Chief Building Official shall prepare a report for the Planning Advisory Committee on the application received for information and comment. 2. The CBO shall circulate the application to the appropriate internal departments for comment. 3. All comments and concerns received on the Site Plan Application shall be provided to the Proponent. 4. If public notification is required, as per Section 5, the Proponent shall provide the Township with a public notification package. The Township can provide a notification list for the requirements as outlined in Section 5 (Notice Requirements). The proponent will circulate by mail the notification letter to all property owners within the required radium area. 5. The Proponent shall respond to the comments received, make the required modifications to the plans, and submit revised plans and drawings, where required. 6. Once all concerns have been addressed, and if the Township is in agreement, the Township shall provide a formal letter to Industry Canada and the Proponent. If there is non-concurrence with the proposal, a letter will be p.rovided to Industry Canada and the Proponent as outlined in Section The entire process shall take no more than 120 days to complete, as outlined in Industry Canada's publication CPC ("Radiocommunication and Broadcasting Antenna Systems", June 2007). Proposals that do not require public consultation are expected to take less than 60 days to complete File : Sonya/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

11 Submission Requirements The following information shall be submitted with the Site Plan application: 1. Site Selection/Justification Report - this report shall outline the steps taken by the Proponent to investigate all non-tower and co-location options, and why a new tower option is the preferred alternative. The report shall indentify the location of all existing telecommunication towers within the proponent's search area, and identify the reasons why these towers are not suitable for co-location. The location of these towers shall be illustrated on a map to be included in the Report. In addition, the report shall also identify any alternate sites for the location of the new tower that were investigated by the proponent, and the rationale for eliminating these sites as the preferred alternative. The report shall confirm the need for a new tower at the proposed location, and will also confirm the need for the proposed height of the tower. Future sharing possibilities with other providers shall also be reviewed. Finally, the report shall outline the design elements proposed in order to minimize the visual impact of the proposed structure, and address any lighting requirements that may be required by Transport Canada. 2. Site Plan with Key Map - the Site Plan shall be fo r the entire property if possible. The Site Plan shall show the relationship between the proposed telecommunication facility and existing features on the property such as buildings, parking, pedestrian and vehicular movement, natural features, safe grading, property lines, fencing, and landscaping. The Site Plan shall be provided in paper copy and digital format as noted in the Site Plan application form ; 3. Elevation Details; 4. Site Application Form and Fee (form available on the Township website, or by contacting the Chief Building Official); 5. A map indicating the horizontal distance between the proposed tower installation and the nearest residentially zoned property or potential residential lot or dwelling, elementary or secondary school, and/or active recreational space; 6. A colour photograph of the subject property with a superimposed image of the proposed tower; and, 7. Any other information or studies indentified in the Pre-Consultation Meeting File : Sonya/Planning/Ce ll Towets!Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

12 Section 5 - Public Consultation Requirements 5.1 Notice Requirements For all applications that are not exempt from the requirement for public notification as per section 5.2 the Township will provide the proponent with a list of landowners located within the following required radium: Urban Area: a radius of 120 metres or three times the height of the tower, whichever is greater, of the proposed telecommunications facility, unless otherwise increased by the Planning Advisory Committee and/or the Chief Building Official. Rural Areas: a radius of 300 metres of the proposed telecommunications facility, unless otherwise increased by the Planning Advisory Committee and/or the Chief Building Official. Note: With respect to minimum circulation distances, the Planning Advisory Committee and the Chief Building Official have the authority to increase the notification area if desired to address potential impacts on a community in proximity to the proposal. The proponent will send the notice by regular mail to all property owners within the required radium and/or meet with the landowners that are within the distances specified above. This list of addresses utilized the by the proponent shall be no older than two months from the date when the list was provided to the proponent by the municipality. Mailing of this notification package shall commence the 21 day public commenting period. The proponent shall provide a copy of the notification package to the Chief Building Official, and the local Industry Canada office at the same time the package is provided to the public. In addition, if the proposed tower is 30 meters or more in height, the proponents are also required to notify the public of the proposal in the local newspaper publication as specified by the Chief Building Official. An on-site notification sign shall also be erected on the subject property. The Township shall be notified when the sign is erected. 1. The on-site notification sign shall include: the tower height, colour, type and compound size; the fact that an information package is available; the name and contact information of a contact person for the proponent; the duration of the commenting period File: Sonya/Planni ng/cell Towers(Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

13 2. The written notification package shall include the following information in plain language: a) The address of the proposed tower site; b) A Location Map indentifying the site of the purposed tower; c) A plan indicating the proposed location of the tower on the subject line; d) Physical details of the tower including height, colour, type and design; e) Colour photograph of the property with a picture of the tower superimposed; f) Contact information (name and telephone number) for the Proponent. 3. The public shall have a minimum 21 day period to provide comments in writing to the Township. 4. The Township shall provide a copy of all written comments received from the public to the Proponent and the Planning Advisory Committee. 5. Upon receiving comments from the public, the Proponent shall respond, in writing, to all reasonable and relevant concerns, or explain why the question, comment, or concern is not, the view of the proponent, reasonable or relevant. The Proponent shall copy the Chief Building Official on all responses provided, and all responses shall be forwarded to the Planning Advisory Committee for review. 6. Based on the public comments received the Planning Advisory Committee and/or the Chief Building Official may require the proponent to hold a Public Meeting to consider the application and resident concerns regarding the proposal. Specifications for the Public Meeting if required are outlined in Appendix 'B'. 7. If any modifications to the proposal are agreed upon as the result of the public comments, and or public meeting revised drawings and plans must be submitted to the Township. 5.2 Exclusions from Requirement for Public Notification: For ground supported towers, which meet the following criteria, public consultation is not required; 1. Towers less than 15 meters in height above ground level; 2. In addition, all telecommunication towers that are exempt from the requirement for municipal review, as per Section 3, are also exempt from the requirement of public notification File : Sonya/Planning/Cell Towers!felecommunications Tower Antenna Protocol Revised November 19 t11, 2012

14 Schedule "Au By-Law Section 6 - Concluding Consultation Confirmation of Local Land Use Authority Consultation/Municipal Response 1. Following the completion of the review by the Planning Advisory Committee the Chief Building Official shall either: a) Provide a letter of recommendation to the proponent and Industry Canada advising that the local land-use consultation process (Le. the municipal and/or public consultation) has been completed in accordance with the Township's protocol, and will include recommendations regarding the proposal as follows: L II. Concurrence, if the proposal complies with: municipal and public consultation requirements and how the application has met the locational objectives set out for new towers by this policy, and will include conditions of concurrence, if required. Non-Concurrence, if the proposal does not conform with the Township's requirements as set out within this protocol. b) For applications which, in the opinion of the Township are not appropriate based upon probable land use impacts, the Township will prepare a response incorporating any comments or concerns to the proponent for consideration by Industry Canada and include notification to Industry Canada of this impasse. c) Where the Township has exercised its discretion to require municipal and/or public consultation for a proposal that meets exclusion criteria set out in Section 3.0, the Chief Building Official will provide similar correspondence as noted above after the consultation has occurred. 2. The Chief Building Official can, at his/her discretion, ask Council to ratify a position taken by the Chief Building Official in a circumstance where the Proponent has not met the consultation requirements set out in this policy and/or the policy's locational objectives. 3. The Township will provide a copy of this letter to all interested parties File: Sonya/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

15 Section 7 - Definitions Active Park Area - a green space area used frequently by persons for organized recreation or sporting activities. Antenna - an exterior transmitting device used in telecommunications designed for various uses such as telephonic, rad io, or television communications by sending and/or receiving radio signals. Carrier - see "Proponent". Co-location - the installation of multiple telecommunication antenna systems on a building or tower structure by two or more Proponents. Commercial - means an area defined in the Township of Huron-Kinloss Official Plan Height - for notification purposes, the height of a Tower or Antenna is defined as the distance between the tip of the highest point and the point at where the base of the tower meets the ground. Industrial-means an area defined in the Township of Huron-Kinloss Official Plan Industry Canada - the Federal Department which is responsible for radio frequency spectrum management. Information detailing federal procedures relating to the siting of radiocommunication and broadcasting antenna systems is available at: www. ic.gc.ca/antenna Proponent - means a company, organization or person which offers, provides or operates wireless broadcasting or communication services to the general public and includes, but is not limited to companies which have a radio authorization from Industry Canada. This also includes those contractors undertaking work for proponents. Residential- means an area defined in the Township of Huron-Kinloss Official Plan Rural Area- as defined by the Township of Huron-Kinloss Official Plan and to include the Agriculture area. Stealth Structure - means a facility that is designed and constructed so as to be integrated into the structure of an existing or new building or other structure such that it appears to be part of that building or structure and not a telecommunication tower or antenna. Such structures can include replacement structures or elements of a building. Telecommunication Facility - for the purpose of this protocol: the components required for the operation of a wireless radio communication network, which includes all cell sites, transmitters, receivers, antennas, and an unoccupied equipment shelter File: Sonya/Planning/Cell Towers/Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

16 Telecommunication Tower - for the purpose of this protocol: a structure used to support one or more antenna systems for the purpose of radiocommunication and which may include, but is not limited to, a guyed tower, a self-support tower or monopole tower, and which may be located at ground level or on the roof of a building. Urban Area- means the Village of Lucknow, Village of Ripley, Lakeshore Urban Area and Hamlet Communities as defined in the Township of Huron-Kinloss Official Plan File: Sonya/Planning/Ce ll Towers(Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

17 APPENDIX 'A' - Stealth Design Examples :;:- ~ '~'t'-' ~. " ~. -', T ~.,..., \,:!.. t. ~.-."....'. FLAG POLE ARTIFICAL TREE File: Sonya/Planning/Cell Towers{Telecommunications Tower Antenna Protocol Revised November 19 th, 2012

18 Schedule "Au By-Law CITLJRCH TOWER CI,OCK TOWER File: Sonya/Planning/Ce ll Towers/Telecommunications Tower Antenna Protocol Revised November 19 th, 20 12

19 APPENDIX '8' The following procedural requirements shall be followed by the proponent as part of the Public Meeting requirements as required in writing by the Planning Committee and or Chief Building Official: a) The proponent in consultation with the Chief Building Official, will schedule an appropriate date, time and location (preferably in the vicinity of the proposed telecommunication facility) for the public meeting; b) The Public Meeting will be open and accessible to all members of the public and local stakeholders c) The Public Meeting will be convened and facilitated by the proponent. A representative from the Township of Huron Kinloss will attend the meeting to hear public input, and provide township information and clarification on the Township of Huron Kinloss Telecommunications Tower and Antenna Protocol, if required. However, the main role of the representative is to observe. d) The Public Meeting shall occur no sooner than 30 days, and no later than 40 days, from the date requested by the Chief Building Official or Planning Advisory Committee. e) To clarify the application process and jurisdictional matters, or in the case where the application is complex or community sensitive, the proponent may want to request that a representative of Industry Canada be available to attend the Public Meeting; f) The proponent will make available at the Public Meeting an appropriate visual display of the proposal including a site plan and four (4) colour photographs of the subject property (no smaller than 11 "x17") with a superimposed image of the proposed structure. The pictures shall face each the north, south, east and west directions and be taken from a distance, from the base of the tower as specified by the township. g) The proponent shall record all names, addresses and contact information of attendees and provide the record to the township. h) The proponent shall make it clear and the beginning of the Public Meeting and in any public information/literature that the Township of Huron-Kinloss is a commenting agency only and that al/ decisions relating to this application are to be made by Industry Canada at a later date File: Sonya/Planning/Cell TowersfTelecommunications Tower Antenna Protocol Revised November 19 th, 2012