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HomeMy WebLinkAboutPLN 27-13 Resolution #152/13 City o¢ Dated December 9, 2013 Report to w u�i Planning & Development Committee N Report Number: PLN 27-13 • Date: December 2, 2013 From: Thomas Melymuk Director, City Development Subject: Draft City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Recommendation: 1. That Report PLN 27-13 of the Director, City Development, regarding the Draft City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol), be received; and 2. Further, that City Council authorize staff to initiate circulation of the Draft City of Pickering Radiocommunication and Broadcasting Antenna System Protocol (Cell Tower Protocol), as set out in Appendix Ito Report PLN 27-13, to the public, industry representatives and other stakeholders to seek their comments and prepare a recommended protocol for Council's consideration in February, 2014. Executive Summary: In June of 2007, Industry Canada released an antenna siting and approval procedure entitled "Client Procedures Circular, Radiocommunication and Broadcasting Antenna Systems". This procedure is intended to provide clarification regarding the process for public notification and consultation for any new radiocommunication or broadcasting facility. The procedure came into effect on January 1, 2008. Under the Industry Canada Procedures, proponents of new Radiocommunication or broadcasting facilities are required to follow the provisions of Industry Canada's default protocol in the absence of a protocol established by the local land use authority. The City Development Department has prepared a draft Protocol for the establishment of radiocommunication and Broadcasting Antenna Systems for Council's review. The draft Protocol enhances the public consultation process set out by Industry Canada, and provides Pickering-specific location and design guidelines for antenna systems located in the City while maintaining a process that enables the development of a high caliber wireless telecommunication network to service Pickering. City Development staff recommend that Council authorize staff to initiate circulation of the Draft Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol), as set out in Appendix Ito Report PLN 27-13 to seek comments from the public, representatives from the wireless industry and other stakeholders. At the conclusion of the consultation process, a recommended Protocol will be prepared for City Council's consideration in February of 2014. Report PLN 27-13 December 2, 2013 Subject: Draft Radiocommunication and Broadcasting Antenna Systems Page 2 (Cell Tower Protocol) Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. The City Development Department presently collects an application fee of$2,700 for each Radio Communication and Broadcasting Antenna System proposal. 1. Background 1.1 Industry Canada is the approval Agency for wireless antenna systems Industry Canada, a federal government agency, regulates and approves wireless antenna systems under the Federal Radiocommunication Act. In June of 2007, Industry Canada released a new antenna siting and approval procedure entitled "Client Procedures Circular, Radiocommunication and Broadcasting Antenna Systems" (see Industry Canada —Client Procedures Circular, Radiocommunication and Broadcasting Antenna Systems, Attachment#1). The procedure is intended to provide clarification regarding the process for public - notification and consultation for any new facility. The procedures came into effect in January 1, 2008. Industry Canada's Circular provides a default protocol for public consultation,on proposed Radiocommunication and Broadcasting Antenna Systems. In the absence of an adopted City Protocol, all applications for Radiocommunication and Broadcasting Antenna Systems must be reviewed in accordance with the default protocol established by Industry Canada. Industry Canada encourages local land use authorities to adopt their own protocols for Radiocommunication and Broadcasting Antenna Systems because they are best positioned to contribute to the optimum siting of facilities to meet their own community needs. 1.2 Federation of Canadian Municipalities and the Canadian Wireless Telecommunications Association developed an Antenna System Siting Protocol Template as a resource for municipalities In February of 2013, the Federation of Canadian Municipalities (FCM) announced the development of an Antenna System Siting Protocol Template that was developed in partnership with the Canadian Wireless Telecommunications Association (CWTA) (see FCM/CWTA Antenna System Siting Protocol Template, Attachment#2). The protocol template is intended to be a resource for municipalities that have not established a protocol, or are planning to establish or update a protocol. The FCM/CWTA template establishes a more intensive consultation process than Industry Canada's default consultation process by addressing the need for increased communication and collaboration between municipalities and wireless carriers. The template is structured to enable local municipalities to input their own specific criteria respecting the location and design preferences of proposed tower facilities. • Report PLN 27-13 December 2, 2013 Subject: Draft Radiocommunication and Broadcasting Antenna Systems Page 3 (Cell Tower Protocol) It is important to note that Industry Canada has not amended their regulating Client Procedures Circular (CPC) document to reflect the FCM/CWTA template. It is feasible that a proponent may request guidance from Industry Canada should a local protocol be significantly more burdensome than the processes and responsibilities outlined in Industry Canada's default protocol. 1.3 Previous Resolutions by City Council respecting communication towers In April of 2011, City Council passed Resolution 87/11 requesting that Industry Canada amend its policies to require municipal consultation on all installations, regardless of height (see Council Resolution 87/11, Attachment#3). This resolution was a response to a number of cell towers under 15.0 metres in height that were erected without requiring municipal and/or public consultation. In May of 2011, City Council passed Resolution 102/11 requesting Industry Canada to cease consideration of communication towers in any residential area of Pickering in order to establish criteria for all matters pertaining to land use.for the installation of these towers (see Council Resolution 102/11, Attachment#4). 2. Staff have prepared a Draft City Protocol for Council's consideration In light of the FCM/CWTA template protocol and previous City Council resolutions, the City Development Department has prepared a draft Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) for Council's review and to seek input from the public, industry representatives and other stakeholders (see Draft City Protocol, Appendix I). The draft Protocol has been developed with the basic framework of the template • prepared by FCM and the CWTA. The key highlights of the City's draft Protocol are outlined below. 2.1 Protocol allows for consultation for antenna systems under 15.0 metres in height Industry Canada excludes some installations from public and land use authority consultation such as maintenance of existing radio apparatus; addition or modification of an antenna system provided the addition or modification does not result in an overall height increase above the existing structure of 25 percent of the original structure's height; maintenance of an antenna system's painting or lighting; temporary installations (typically not more than 3 months); and new antenna systems with a height of less than 15.0 metres above ground level. The draft City Protocol maintains these exempted installations, except for new installations under 15.0 metres in height. Report PLN 27-13 December 2, 2013 Subject: Draft Radiocommunication and Broadcasting Antenna Systems Page 4 (Cell Tower Protocol) For installations under 15.0 metres in height, the draft Protocol requires proponents to undertake a preconsultation process with the City Development Department. City Development staff will then consult with the Mayor and Ward Councillors to determine if this excluded antenna system warrants a public consultation process. Not all smaller towers would necessarily warrant public consultation, such as towers in industrial and commercial areas. In the event public consultation is warranted (for example, proposed towers within or adjacent to residential areas), direction will be given to the proponent at the preconsultation stage on initiating a full public consultation process. 2.2 Draft City Protocol provides direction on City's location and design preferences The draft City Protocol provides direction with respect to the City's site selection criteria to minimize the number of tower facilities though co-location. In the event co-location is not possible, the draft Protocol provides guidance on the City's preferred locations for new antenna systems such as commercial and industrial areas, and discourages locations such as residential areas, designated heritage sites and environmentally sensitive areas. Where a new tower facility is proposed, the draft City Protocol also provides direction on the City's preferred designs such as, but not limited to, towers that provide future co-location opportunities, stealth techniques such as flag poles and clock towers, and the use of shrouded monopole towers that minimize visual impacts on the surrounding area. 2.3 Draft City Protocol expands public notification and meeting requirements Industry Canada's default Protocol requires proponents to notify the public, in writing, within a radius of 3 times the height of the proposed tower and, if the proposed installation is over 30 metres in height, the Protocol requires the proponent to place an ad in the local paper. The draft City Protocol requires proponents to notify adjacent landowners, in writing, within a radius of 3 times the height of the tower or 150 metres from the furthest point of the tower in the urban area and 500 metres for proposals in the rural area, whichever is greater. The recommended public circulation radius is consistent with the City's practice for the circulation of Planning Act applications. The draft City Protocol also provides direction to the proponent on the information that is to be provided to the public, how the information is to be distributed, public meeting requirements (if necessary), notification signage (if necessary) and the timing of the responses that are to be provided to the public. The need for a public meeting and/or notification signage will be determined through the preconsultation process and the City Development Department will consult with the Mayor and Ward Councillors as part of that determination. Report PLN 27-13 December 2, 2013 Subject: Draft Radiocommunication and Broadcasting Antenna Systems Page 5 (Cell Tower Protocol) 2.4 City Council will provide formal comment to the proponent and Industry Canada at the conclusion of the public consultation process The draft City Protocol requires the proponent to submit a summary of the public consultation package to the City Development Department. The summary package must provide confirmation on the public consultation that has been completed, the comments received and the responses that were provided by the proponent. Once this is received, the City Development Department will prepare a report on the proposed installation for City Council's consideration. The report will be considered at a meeting of the Planning & Development Committee before proceeding to Council for a decision on the proposal. Comments to the proponent and Industry Canada will be provided by a resolution from City Council. The resolution will request the Director, City Development (or designate) to issue a letter of concurrence, concurrence with conditions or a letter of non-concurrence to the proponent and Industry Canada. 3. Staff request authorization to initiate public consultation on the.Draft Protocol to seek comments City Development staff recommend that Council authorize staff to initiate circulation of the draft Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol), as set out in Appendix Ito Report PLN 27-13 to seek comments from the public, representatives from the wireless industry and other stakeholders. City Development staff intend to seek comments on the draft City Protocol through the use of the City's website, newspaper ads and mailings to Industry representatives. At the conclusion of the consultation process, a recommended Protocol will be prepared for City Council's consideration in February of 2014. Appendix Appendix I Draft Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol) Attachments 1. Industry Canada - Client Procedures Circular Radiocommunication and Broadcasting Antenna Systems 2. FCM/CWTA Antenna System Siting Protocol Template 3. Council Resolution 87/11 4. Council Resolution 102/11 Report PLN 27-13 December 2, 2013 Subject: Draft Radiocommunication and Broadcasting Antenna Systems Page 6 (Cell Tower Protocol) repar:.• By: Approved/Endorsed By: a's*ett Catherine Rose, MCIP, RPP Senior Plann-r— Site Planning Chief Planner • /(9/(j, Nilesh Surti, CIP, RPP Thomas MelymuVMCIP, RPP Manager, Development Review Director, City Development & Urban Design • TB:Id Recommended for the consideration of Pickering Cit Council lam' 0, zoO Tony Prevedel, P.Eng. Chief Administrative Officer • Appendix Ito Report PLN 27-13 Draft City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) • ON 00 ;tie Draft Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol) City Development Department • Adopted by Council (date) December 2013 • Table of Contents Page(s) 1.0 Definitions 4 2.0 Introduction 6 2.1 Purpose 6 3.0 Jurisdiction and Roles 7 3.1 Federal Jurisdiction 7 3.2 Other Federal Legislation 7 3.3 Role of the City of Pickering 7 3.4 Designated Official for Processing Antenna System Proposals 8 4.0 Exclusions 9 4.1 Excluded Structures 9 4.2 Confirmation of Exclusion 9 5.0 Siting on City Owned Properties 11 6.0 Location and Design Guidelines 12 6.1 Co-location 12 6.2 Preferred Locations 12 6.3 Discouraged Locations 12 6.4 Design 13 6.5 Amateur Radio Operators in Residential Areas 13 7.0 Preconsultation with Land Use Authority 15 7.1 Preconsultation Meeting 15 7.2 Preconsultation Meeting Requirements 15 7.3 Preconsultation Summary 15 7.4 Formal Submission Requirements 16 7.5 Determination of Complete or Incomplete Request 17 8.0 Public Consultation 18 8.1 Public Consultation Requirements 18 8.2 Public Notification Requirements 18 8.3 Public Notification Package Requirements 19 8.4 Closing Date for Written Public Comments 20 8.5 Public Notice Sign 20 8.6 Newspaper Notice 21 8.7 Public Information Session 22 8.8 Responding to the Public 23 Draft Radiocommunication and Broadcasting Antenna System Protocol Page 2 of 26 • 9.0 Post Consultation 24 9.1 Consultation Summary Package 24 9.2 City Comment on Proposal 24 9.3 Duration of Concurrence 24 10.0 Timeframes 25 10.1 Consultation Timeframes 25 10.2 Supplementary Public Consultation 25 Appendix Process Flowchart 26 • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 3 of 26 1.0 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. Co-location: the placement of antennas and equipment operated by one or more proponents on a telecommunication Antenna System operated by a different proponent, thereby creating a shared facility. Community Sensitive Locations: land on which the siting of new Antenna Systems is discouraged, or requested to be subject to greater consultation than otherwise dictated by the standard protocol. Such locations may be defined in local zoning by-laws, community plans, or statutory plans. Designated Community Association: area or neighbourhood-specific group that is recognized by the Municipality. Designated Municipal Officer (and his or her designate): the municipal staff member(s) tasked with receiving, evaluating and processing submissions for telecommunication Antenna Systems. The Designated Municipal Officer's name and contact information is provided in the Antenna System Siting Flowchart provided in this protocol. Downtown Area: shall mean the lands designated as Downtown Core in the City's Official Plan. Elected Municipal Official: the political leader of the demarcated area of the Municipality (e.g., Ward) in which the Antenna System is proposed. Equipment Shelter: a structure used to house the required equipment for the operation of an Antenna System. Environmentally Sensitive Lands: shall mean any lands designated as shoreline and stream corridor, wetlands, environmentally significant areas, Rouge-Duffins wildlife corridor, Altona Forest, flood plain special policy areas and areas of natural and scientific interest and significant woodlands as identified on Schedule Ill in the City of Pickering Official Plan. Heritage Properties/Heritage Conservation District: buildings and structures (e.g., monuments) or areas/neighbourhoods listed or designated under the authority of Part IV or Part V of the Ontario Heritage Act. Land Use Authority (LUA): for the purposes of this protocol Land Use Authority shall mean the City of Pickering. Municipal Departments: branches of municipal government that administer public services and are operated by City staff. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 4 of 26 Other Agencies: bodies (e.g., boards or commissions) that administer public services but are not operated or staffed by the Municipality. Proponent/Applicant: any company, organization or person who puts forward a proposal to install or modify a telecommunication tower/antenna facility. Radiocommunication and Broadcasting Antenna System ("Antenna System"): an exterior transmitting device — or group of devices — used to receive and/or to transmit radio-frequency (RF) signals, microwave signals, or other federally-licensed 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: 1. 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; 2. 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. Residential Area: lands used or zoned to permit residential uses; including mixed uses (i.e., commercial use at-grade with residential dwelling units above). Draft Radiocommunication and Broadcasting Antenna System Protocol Page 5 of 26 2.0 Introduction There is currently a significant growth in the use of wireless services for personal communications including voice, data and video transmissions. As the City of Pickering's population grows so will the demand for wireless service coverage for personal and business uses. Telecommunications and related facilities are regulated by the Federal Government (specifically Industry Canada) under the Radiocommunications Act. Proponents of wireless facilities are required to consult with local governments and the public as part of the approval process for proposed antenna installations prior to construction. Industry Canada encourages local governments to develop their own protocols, for the consideration of antenna system installations, because of their local knowledge and because local governments are very well qualified to explain to proponents the particular amenities, sensitivities, planning priorities and other relevant characteristics of their municipality. 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 installation or service. This includes amongst others, personal communication services (PCS), cellular, fixed wireless, broadcasting, land-mobile, licence-exempt and amateur radio operators. 2.1 Purpose The purpose of this protocol is: 1. To outline a City of Pickering consultation process for the installation and modification of cell towers and other antenna installations covered by this protocol for telecommunications facilities. 2. To outline the City's site selection and design guidelines for cell towers and other antenna installations in Pickering. 3. To enable the development of a high calibre wireless telecommunications service in Pickering. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 6 of 26 3.0 Jurisdiction and Roles 3.1 Federal Jurisdiction Antenna systems are regulated exclusively by Industry Canada under the Federal Radiocommunication Act which is administered by Industry Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. Accordingly, while requiring proponents to follow the land-use consultation process established by the City of Pickering, Industry Canada makes the final decision on whether or not an antenna system can be constructed. The City of Pickering can provide comments to Industry Canada, but does not have the authority to stop the construction of a tower facility. 3.2 Other Federal Legislation As a Federal undertaking, tower facilities must adhere to all applicable Federal regulations and guidelines, including but not limited to: • Industry Canada's Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular (CPC-2-0-03) • Industry Canada's Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements (CPC-2-0-17) • Health Canada's Safety Code 6 - Limits of Human Exposure to Radiofrequency Electromagnetic 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 3.3 Role of the City of Pickering • The role of the City of Pickering 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 City advises the proponent has on the public consultation requirements outlined in this protocol and provides a comment to the proponent and Industry Canada on the proposal. A formal decision on a proposal shall be provided by City Council. • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 7 of 26 3.4 Designated Official for Processing Antenna System Proposals For the purpose of this protocol, the designated official for the City of Pickering having the authority to administer this protocol is the Director, City Development Department ("Director") or designate. All correspondence and materials submitted as part of this consultation process shall be directed to the attention of the Director (or designate). • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 8 of 26 1 4.0 Exclusions 4.1 Excluded Structures The following types of antenna system installations or modifications are excluded by Industry Canada from the requirement to consult with the public and the requirement to submit a formal antenna system proposal to the LUA for review: a) Maintenance of existing radio apparatus including the antenna system, transmission line, mast, tower or other antenna-supporting structure. b) 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, water tower, etc., including additions to rooftops or support pillars, provided the: i. addition or modification does not result in an overall height increase above the existing structure of 25% of the original structure's height; ii. existing antenna system is 15.0 metres or greater in height; and iii. existing antenna system has not previously been modified to increase its original height by 25%. c) Maintenance of an antenna system's painting or lighting in order to comply with Transport Canada's requirements. d) 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 event. e) New antenna systems, including masts, towers or other antenna-supporting structure, with a height of less than 15.0 metres above ground level except where required by the Municipality as per Section 4.2. 4.2 Confirmation of Exclusion Notwithstanding Industry Canada's exemption criteria for new antenna systems, the City of Pickering shall be informed of all new Antenna Systems within the City of Pickering. Individual circumstances vary with each antenna system installation and modification, and the exclusion criteria in Section 4.1 of this protocol should be applied in consideration of local circumstances. In cases where a proponent believes that a proposal meets exclusion e) in Section 4.1 of this protocol, the proponent will provide the following materials to the attention of the Director (or designate): Draft Radiocommunication and Broadcasting Antenna System Protocol Page 9 of 26 a) Cover letter describing the proposed antenna system including the address and/or legal description, height and dimensions of any antenna that may be mounted on the supporting structure. The letter should also identify all existing facilities within the vicinity of the proposed location and why co-location on an existing antenna system is not a viable alternative to the construction of a new tower facility. b) Description of how the proposal meets exclusion criteria e) identified in • Section 4.1 of this protocol. c) 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 plan and simulated images of the proposed tower facility. Following receipt and review of the required materials and if the proposal is deemed by the Director (or designate) to meet the applicable exclusion criteria, the Director will issue a Notice of Telecommunication Tower/Antenna Facility Exclusion to the proponent with a copy to the Mayor, Ward Councillors and Industry Canada. Notwithstanding the possible issuance of an exclusions notice, proponents are encouraged to comply with the Location and Design Guidelines identified in Section 6.0 of this Protocol. Should an Antenna System not comply with the Location and Design Guidelines identified in Section 6.0 of this Protocol, the Director (or designate) will indicate the outstanding issues/concerns. In such cases, the proponent and Director (or designate) will then work toward a mutually agreeable alternative/solution, which may include the Director (or designate) requesting the proposal be subject to all or part of the preliminary consultation, formal submission and public consultation process outlined in this Protocol, as applicable. All proposals for freestanding tower facilities and additions to existing.freestanding tower facilities that are proposed in a residential area or within 150 metres from the nearest residential area will be subject to all or part of the preliminary consultation, formal submission and public consultation process outlined in this Protocol, as applicable. For this reason, proponents are strongly encouraged to initiate this process before investing in a final design or site. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 10 of 26 5.0 Siting on City Owned Properties Any request to install an antenna system on lands owned by the City shall be made to the Director (or designate). Proponents must still submit a formal request to the City of Pickering in accordance with Section 7.0 of this Protocol and follow the public consultation process in accordance with Section 8.0 of this Protocol, unless the proposal meets the exclusion criteria under Section 4.0 of this protocol. Notwithstanding the public consultation requirements outlined in Section 8.0 of this Protocol, the Director (or designate) shall consult with the Mayor and Ward Councillors and following the consultation may broaden the public circulation and content of the notice. • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 11 of 26 • 6.0 Location and Design Guidelines 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 City and to ensure that selected sites minimize visual impacts on the surrounding area. 6.1 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. 6.2 Preferred Locations Where co-location on an existing Antenna System or structure is not possible, proponents are encouraged to: a) 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 institutional uses, and that do not interfere with traffic flows. b) Provide new towers with co-location capabilities. c) On undeveloped sites, locate the structure and equipment shelter so as not to preclude future development opportunities for the site. d) Preserve as much existing vegetation as possible. e) Consider the use of City owned lands and/or facilities, where technically feasible, and acceptable to the City (see Section 5.0). f) The placement of antenna systems and their equipment shelter, although they are not subject to municipal zoning by-laws, the installation shall not create a noncompliance of any City by-law. 6.3 Discouraged Locations The City 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 that would obscure public views and vistas. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 12 of 26 � I c) Within Environmentally sensitive lands. d) On Heritage Properties or within Heritage Conservation Districts. e) Within the Downtown area unless on high rise buildings. If no solution is available to meet service demands other than in a location discouraged by the City, the proponent shall provide a detailed rationale for the necessity of the proposed location a Site Selection/Justification Report submitted to the City. 6.4 Design Where a new antenna system must be constructed, proponents are encouraged to 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 allow for future co-location of additional carriers. 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. d) Equipment shelters should be designed and landscaped in a manner that is compatible and sensitive to the surrounding area. e) 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. f) 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) Only signage directly related to an antenna system as required by Industry Canada shall be permitted. No third party advertising or promotion of the owner/operator is permitted on a tower facility, unless approved by the City. 6.5 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. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 13 of 26 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. 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. f) No part of the antenna system shall include or be used for graphics, signage, flags or lighting. • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 14 of 26 7.0 Preconsultation with Land Use Authority 7.1 Preconsultation Meeting Proponents are required to have a preliminary consultation with the City Development Department prior to submitting a formal request to install an antenna system unless excluded from Protocol. 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, City 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 City staff to inform the proponent of the formal consultation process outlined herein. 7.2 Preconsultation Meeting Requirements The following information must be provided to the City Development Department to the attention of the Director (or designate) in order to schedule a preconsultation meeting: • a) Cover letter describing the proposed antenna system including its height and dimensions and any antenna that may be mounted on the supporting structure. b) 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. 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 building on the property. d) Elevation plan and/or simulated images of the proposed tower facility. 7.3 Preconsultation Summary Following the preconsultation meeting, the Director (or designate) will provide the • proponent with a letter outlining the City's requirements and summarizing the results of the preconsultation meeting. The summary letter will generally provide: Draft Radiocommunication and Broadcasting Antenna System Protocol Page 15 of 26 a) The City's formal submission requirements as set out in Section 7.4. 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 City's preferences regarding location and design guidelines for the site(s) under discussion. To expedite the review of the proposal, the proponent is encouraged to consult p p p p p 9 with the applicable municipal departments and agencies, and obtain applicable written comments/clearances before making a formal submission. 7.4 Formal Submission Requirements When a proposed antenna system does not meet the exclusion criteria identified in Section 4.1 of this protocol, the proponent must submit a formal antenna system proposal to the City for review. For the purpose of this review, the proponent must submit the following materials to the City Development Department to the attention of the Director (or designate): a) A completed Radiocommunication/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. c) Two copies of photo simulations of the proposed tower and associated facilities from four directions; north, south, east and west. d) Ten copies of the full size site\survey plan showing the dimensions of the subject lands, size and type of all existing and proposed buildings\structures on the subject property and abutting lands, parking, easements, natural and artificial features on the subject and abutting lands (i.e., railways, parking areas, watercourses, roads, woodlots etc.). e) One reduced copy of the site survey plan (letter size). f) Five copies of any required technical reports, background information and other supporting materials. g) A public notification package. h) A copy,of the draft newspaper notice and the proposed date on which it will be published (no sooner than 14 days from the date of request being submitted), if applicable. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 16 of 26 i) A copy of the draft notice sign to be posted on the subject property, if applicable. j) Any other required information listed in the information package provided to the proponent during or after the preconsultation meeting. 7.5 Determination of Complete or Incomplete Request The Director (or designate) will determine whether the required antenna system documentation is deemed complete or incomplete within 5 working days of receipt of the request. If the required materials listed in Section 7.4 of this Protocol are not complete or provided to the satisfaction of the Director (or designate), the request 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 request 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 request has been deemed complete, and request the proponent to initiate the required public consultation process. b) notify the Mayor and Ward Councillors of the complete request. c) circulate the proposal to the applicable municipal departments and agencies for review and comment. • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 17 of 26 8.0 Public Consultation 8.1 Public Consultation Requirements Where a formal Antenna System Review Process is required (as set out in Section 7.4 of this Protocol), 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 LUA and written confirmation from the Director (or designate) to proceed with public notification and consultation has been provided. The proponent shall be responsible for all costs associated with public consultation. 8.2 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 greater of 150 metres or three times the tower height measured from the furthest point of the tower facility within the urban area and 500 metres for proposals located in the rural area. b) The Mayor and applicable City and Regional Ward Councillors in which the proposed antenna system is located. c) Adjacent municipalities within 500 metres of the proposed tower facility. Proponents are also required to mail a copy of the public notification package to the Director (or designate). The City Development Department will provide the proponent with a mailing list of all addresses of property owners and resident associations within the required radius. The envelope for the public notification package should have the following statement in bold: "Important Notice Regarding Proposed Cell Tower in Your Neighbourhood" When a public information session is required, the proponent is to distribute the public notification packages by regular mail at least 30 days prior to the date of the public information session. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 18 of 26 8.3 Public Notification Package Requirements The public notification package must include the following information: 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. 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 e y Code 6 including combined effects within the local radio environment at all times. g) Notice that general information relating to health concerns and Safety Code 6 is available on Health Canada's website (www.hc-sc.gc.ca). h) The project's status under the Canadian Environmental Assessment Act. i) Transport Canada's aeronautical obstruction marking requirements (whether painting, lighting, or both) if available; if not available, the proponent's expectation of Transport Canada's requirements once they become available. j) An attestation that the installation will respect good engineering practices including structural adequacy. k) Address, location (including a map) and timing of the public information session, if applicable. I) Information on how to submit written public comments to the Applicant and the closing date for submission of written public comments. m) Applicant's contact information. n) Reference to the City of Pickering's Radiocommunication and Broadcasting Antenna Systems Protocol and where it can be viewed (www.pickering.ca). Draft Radiocommunication and Broadcasting Antenna System Protocol Page 19 of 26 • o) The following sentences regarding jurisdiction: "Telecommunication tower/antenna facilities are exclusively regulated by Federal legislation under the Radiocommunication Act and administered by Industry Canada. Therefore, Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. It is important to understand that Industry Canada, while requiring proponents to follow the City of Pickering's Radiocommunication and Broadcasting Antenna Systems Protocol, makes the final decision on whether or not an antenna system can be constructed. The City of Pickering can only provide comments to Industry Canada and does not have the authority to stop the construction of a telecommunication tower/antenna facility." p) Notice that general information relating to antenna systems is available on Industry Canada's Spectrum Management and Telecommunications website (www.ic.gc.ca). q) Municipal and Industry Canada contact information. r) Closing date for submission of written public comments. 8.4 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 session, where a public information session is required; or b) 30 days where a public information session is not required. 8.5 Public Notice Sign Unless otherwise determined through preconsultation, 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). 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 preconsultation. 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. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 20 of 26 Unless otherwise specified through preconsultation the notice sign shall contain the following 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 session 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 facilities are exclusively regulated by Federal legislation under the Radiocommunication Act and administered by Industry Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The City of Pickering only provides comments to Industry Canada on Telecommunication facilities and does not have the authority to either permit or prohibit the construction of these facilities. [Municipal and Industry Canada contact information] 8.6 Newspaper Notice Where an antenna system is 30 metres or greater in height, the proponent shall place a newspaper notice in the News Advertiser (i.e., the community's newspaper). The newspaper notice shall be a minimum size of 10 centimetres x 10 centimetres. A copy of the actual newspaper notice appearing in the News Advertiser, including the newspaper date, shall be forwarded to the Director (or designate) within ten days of the newspaper notice being published. Where a public information session is required, the newspaper notice shall be published at least 21 days before the date of the public information session for two consecutive weeks. The date on which the newspaper notice is published should be coordinated with the distribution of the public notification packages. • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 21 of 26 Where a public information session is not required, the date on which the newspaper notice is being published should be coordinated with the distribution of the public notification packages. The newspaper notice shall contain the following information: a) Description of the proposed tower facility, including the height; b) Address of the proposed tower facility; c) Location map (key plan) of the proposed site; d) Invitation for public comment and the closing date for submission of written comments; e) Invitation to the public information session, and location and time of the session (if applicable); f) Applicant's contact information; g) Inclusion of the following: "Telecommunication tower/antenna facilities are exclusively regulated by Federal legislation under the Radiocommunication Act and administered by Industry Canada. Therefore, Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The City of Pickering can only provide comments to Industry Canada and does not have the authority to stop the construction of a telecommunication tower/antenna facility."; and h) Municipal and Industry Canada contact information. 8.7 Public Information Session A public information session is required where the proposed antenna system is located: a) Within the greater of three times the tower height or 150 metres from a residential area; and\or b) If determined through preconsultation. Where required, the proponent shall be responsible for convening a public information session at the proponent's cost. The proponent, as the case may be, shall adhere to the following requirements When organizing and convening a public information session: a) The Public information session shall be open and accessible to all members of the public and local stakeholders. b) The Public information session shall occur on a weekday evening, no sooner than 21 days and no later than 28 days, from the date that the public notification packages are mailed and the sign posted. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 22 of 26 c) The Duration of the public information session 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 session. 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 Industry Canada; that Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities and that the City of Pickering can only provide comments to Industry Canada as the City does not have the authority to stop the construction of a telecommunication tower/antenna facility. f) Public notification packages including a public comment sheet shall be made available for attendees. g) Closing date for written public comments shall be clearly announced at the public information session. 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. 8.8 oiuc TheResp proponent ndng is to to address the Pbli 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, then the proponent is required to: 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. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 23 of 26 9.0 Post Consultation 9.1 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 session (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. 9.2 City Comment on Proposal A formal City comment on the proposal shall be provided by City Council following consideration of a report prepared by City Development staff. The report will normally be considered at a meeting of the Planning &Development Committee and subsequently at a City Council meeting. The Report to Council will include a summary of the public consultation process and a staff comment on land use compatibility. The report will include a resolution from City Council requesting the Director, City Development (or designate) to-either issue a letter of: a) Concurrence; b) concurrence with conditions; or c) non-concurrence. 9.3 Duration of Concurrence - All comments of concurrence will remain in effect for a maximum period of three years from the date issued by the City of Pickering. If construction has not commenced within this time period the concurrence expires and a new submission and review process, including public consultation as applicable, is necessary prior to any construction occurring. In addition, if construction has not commenced after two years from the date the concurrence was issued, the proponent shall send a written notification of an intent to construct to the Director (or designate) advising of when the work to erect the structure is about to start. This notification should be sent no less than 60 days prior to any construction commencing. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 24 of 26 10.0 Timeframes 10.1 Consultation Timeframes The consultation process and the'decision from the City of Pickering should be completed within 120 days from the date of a complete submission. Appendix I of this Protocol contains a flow chart of the consultation processes. 10.2 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). Draft Radiocommunication and Broadcasting Antenna System Protocol Page 25 of 26 Appendix I City Development Department Radiocommunication and Broadcasting Antenna System Flowchart fPreconsultation Meeting 4 l Formal Submission 1 City reviews request for completeness • 1 + Complete request • Incomplete request + • { Proponent is notified by the City to proceed with _ Proponent submits the distribution of the public notification required information . packages,erect the notice sign and, if applicable, , publish newspaper notice / 4, If applicable, Proponent convenes public information session Note:Where the LUA* + consultation process has not been concluded 120 Proponent responds to all questions, and 270 days have I Days comments and/or concerns by the public elapsed from the time of 4 the public notification Proponent provides summary package to packages being sent, the City the proponent may be required to carry out a + supplementary public Report to Council for decision consultation process, if + requested by the Director(or Designate) Concurrence with or without conditions 4, 4 Director(or Designate)provides Non-concurrence • letter to proponent& Industry Canada I Proponent proceeds Proponent modifies Proponent advises Proponent to Industry Canada for the proposal Industry Canada of decides to ` final approval . .. Impasse relocate proposal 4, on different property location Dispute resolution J * LUA—Land use authority process Created: May 31,2013 Updated:November 13,2013 Industry Canada makes final decision Draft Radiocommunication and Broadcasting Antenna System Protocol Page 26 of 26 ATTACHMENT# I TO REPORT# PLN 27-13 1+I Industry Industrie Canada Canada CPC-2-0-03 Issue 4 Released: June 2007 Effective: January 1, 2008 Spectrum Management and Telecommunications Client Procedures Circular Radiocommunication and Broadcasting Antenna Systems (Formerly CPC-2-0-03 - Environmental Process, Radiofrequency Fields and Land-Use Consultation) Aussi disponible en francais - CPC-2-0-03 Canada ATTACHMENT#, 1 TO REPORT # PLR 17-13. Comments and suggestions may be directed to the following address: Industry Canada Radiocommunications and Broadcasting Regulatory Branch 300 Slater Street Ottawa, Ontario K1A 008 Attention: DOSP Via e-mail: spectrum pubs @ic.gc.ca All Spectrum Management and Telecommunications publications are available on the following website at: http://strategis.gc.ca/spectrum. • ii ATTACHMENT# i TO REPORT # PLWW 27-13 Contents 1. Introduction 1 1.1 Mandate 1 1.2 Application • 1 1.3 Process Overview 1 2. Industry Canada Engagement 2 3. Use of Existing Infrastructure(Sharing) 2 1 4. Land-use Authority and Public Consultation 3 4.1 Land-use Authority Consultation 4 4.2 Industry Canada's Default Public Consultation Process 5 4.3 Concluding Consultation 7 5. Dispute Resolution Process 8 6. Exclusions 9 7. General Requirements 10 7.1 Radio Frequency Exposure Limits 10 7.2 Radio Frequency Immunity 10 7.3 Proximity of Proposed Structure to Broadcasting Undertakings 11 7.4 Canadian Environmental Assessment Act 11 7.5 Aeronautical Safety 13 Appendix 1 - Consultation Flow Chart 14 Appendix 2 -Industry Canada's Default Public Consultation Process-Public Notification Package 15 • iii • ATTACHMENT# � TO REPORT# PLt`127-l3 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 1. Introduction Radiocommunication and broadcasting services are important for all Canadians and are used daily by the public, safety and security organizations, government,wireless service providers, broadcasters, utilities and businesses. In order for radiocommunication and broadcasting services to work, antenna systems including masts,towers, and other supporting structures are required.There is a certain measure of flexibility in the placement of antenna systems which is constrained to some degree by: the need to achieve acceptable coverage for the service area;the availability of sites; technical limitations; and safety. In exercising its mandate, Industry Canada believes that it is important that antenna systems be deployed in a manner that considers the local surroundings. 1.1 Mandate • Section 5 of the Radiocommunication Act states that the Minister may,taking into account all matters the Minister considers relevant for ensuring the orderly development and efficient operation of radiocommunication in Canada, issue radio authorizations and approve each site on which radio apparatus, including antenna systems, may be located.Further,the Minister may approve the erection of all masts,towers and other antenna-supporting structures. Accordingly,proponents must follow the process outlined in this document when installing or modifying an antenna system.Also,the installation of an antenna system or the operation of a currently existing antenna system that is not in accordance with this process may result in its alteration or removal and other sanctions against the operator in accordance with the Radiocommunication Act. 1.2 Application The requirements of this document apply 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 installation or service. This includes, amongst others, Personal Communications Services (PCS)and cellular, fixed wireless, broadcasting, land-mobile, licence-exempt and amateur radio operators.As well, parts of this process contain obligations that apply to existing antenna system operators. 1.3 Process Overview This document outlines the process that must be followed by proponents seeking to install or modify antenna systems. The broad elements of the process are as follows: 1. Investigating sharing or using existing infrastructure before proposing new antenna-supporting structures. 2. Contacting the land-use authority(LUA)to determine local requirements regarding antenna systems. 3. Undertaking public notification and addressing relevant concerns,whether by following local LUA requirements or Industry Canada's default process, as is required and appropriate. 4. Satisfying Industry Canada's general and technical requirements. 1 ATTACHMENT# I TO REPORT# PLN 2.7-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 It is Industry Canada's expectation that steps(2)to(4) will normally be completed within 120 days. Some proposals may be excluded from certain elements of the process (see Section 6). It is Industry Canada's expectation that all parties will carry out their roles and responsibilities in good faith and in a manner that respects the spirit of this document. 2. Industry Canada Engagement There are a number of points in the processes outlined in this document where parties must contact Industry Canada to proceed.Further, anyone with any question regarding the process may contact the local Industry Canada office' for guidance. Based on a query by an interested party, Industry Canada may request parties to provide relevant records and/or may provide direction to one or more parties to undertake certain actions to help move the process forward. 3. Use of Existing Infrastructure (Sharing) This section outlines the roles of proponents and owners/operators of existing antenna systems. In all cases, parties should retain records(such as analyses, correspondence and engineering reports)relating to this section. Before building a new antenna-supporting structure, Industry Canada requires that proponents first explore the following options: • consider sharing an existing antenna system,modifying or replacing a structure if necessary; • locate, analyze and attempt to use any feasible existing infrastructure such as rooftops,water towers etc. Proponents are not normally expected to build new antenna-supporting structures where it is feasible to locate their antenna on an existing structure, unless a new structure is preferred by land-use authorities. Owners and operators of existing antenna systems are to respond to a request to share in a timely fashion and to negotiate in good faith to facilitate sharing where feasible. It is anticipated that 30 days is reasonable time for existing antenna system owners/operators to reply to a request by a proponent in writing with either: • a proposed set of reasonable terms to govern the sharing of the antenna system; or •,a detailed explanation of why sharing is not possible. ' Please refer to Radiocommunication Information Circular 66(RIC-66)for a list of addresses and telephone numbers for Industry Canada's regional and district offices.RIC-66 is available via the Internet at: http://strategis.ic.gc.ca/epic/internet/insmt-gst.nsf/en/sfO 1742e.html. 2 • ATTACHMENT# � TO REPORT # PLNt 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 4. Land-use Authority and Public Consultation Contacting the Land-use Authority Proponents must always contact the applicable land-use authorities to determine the local consultation requirements unless their proposal falls within the exclusion criteria outlined in Section 6. If the land- use authority has designated an official to deal with antenna systems,then proponents are to engage the authority through that person. If not, proponents must submit their plans directly to the council, elected local official or executive. Proponents are expected to establish initial formal contact with the land-use authority in writing in order to mark the official commencement of the 120-day consultation process. Proponents should note that there may be more than one land-use authority with an interest in the proposal. Where no established agreement exists between such land-use authorities, proponents must, as a minimum, contact the land-use authority(ies)and/or neighbouring land-use authorities located within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure,whichever is greater.As well, in cases where proponents are aware that a potential Aboriginal or treaty right or land claim may be affected by the proposed installation,they must contact Industry Canada in order to ensure that the requirements for consultation are met. Following the Land-use Authority Process Proponents must follow the land-use consultation process for the siting of antenna systems, established by the land-use authority, where one exists. In the event that a land-use authority's existing process has no public consultation requirement, proponents must then fulfill the public consultation requirements contained in Industry Canada's Default Public Consultation Process(see Section 4.2). Proponents are not required to follow this requirement if the LUA's established process explicitly excludes their type of proposal from consultation or it is excluded by Industry Canada's criteria. Where proponents believe the local consultation requirements are unreasonable, they may contact the local Industry Canada office in writing for guidance. Broadcasting Undertakings Applicants for broadcasting undertakings are subject to Canadian Radio-television and Telecommunications(CRTC) licensing processes in addition to Industry Canada requirements. Although Industry Canada encourages applicants to consult as early as practical in the application process, in some cases it may not be prudent for the applicants to initiate public and municipal/land-use consultation before receiving CRTC approval, as application denial by the CRTC would result in unnecessary work for all parties involved. Therefore, assuming that the proposal is not otherwise excluded, broadcasting applicants may opt to commence land-use consultation after having received CRTC approval. However, broadcasting applicants choosing this option are required, at the time of the CRTC application, to notify the land-use authority with a Letter of Intent outlining a commitment to conduct consultation after receiving CRTC approval. If the land-use authority raises concerns with the proposal as described in the Letter of Intent, applicants are encouraged to engage in discussions with the land-use authority regarding their concerns and attempt to resolve any issues. See Broadcasting Procedures and Rules, Part 1 (BPR-1), for further details. 3 ATTACHMENT# r TO REPORT # PLN 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 4.1 Land-use Authority Consultation Industry Canada believes that any concerns or suggestions expressed by land-use authorities are important elements to be considered by proponents regarding proposals to install, or make changes to, antenna systems.As part of their community planning processes, land-use authorities should facilitate the implementation of local radiocommunication services by establishing consultation processes for the siting of antenna systems. Unless the proposal meets the exclusion criteria outlined in Section 6, proponents must consult with the local land-use authority(ies) on any proposed antenna system prior to any construction with the aim of: • discussing site options; • • ensuring that local processes related to antenna systems are respected; • addressing reasonable and relevant concerns(see Section 4.2) from both the land-use authority and the community they represent; and • obtaining land-use authority concurrence in writing. Land-use authorities are encouraged to establish reasonable,relevant, and predictable consultation processes' specific to antenna systems that consider such things as: • the designation of suitable contacts or responsible officials; • proposal submission requirements; • public consultation; • documentation of the concurrence process; and • the establishment of milestones to ensure consultation process completion within 120 days. Where they have specific concerns regarding a proposed antenna system, land-use authorities are expected to discuss reasonable alternatives and/or mitigation measures with proponents. Under their processes, land-use authorities may exclude from consultation any antenna system installation in addition to those identified by Industry Canada's own consultation exclusion criteria (Section 6). For example, an authority may wish to exclude from public consultation those installations located within industrial areas removed from residential areas, low visual impact installations, or certain types of structures located within residential areas. • 2 Industry Canada is available to assist land-use authorities in the development of local processes.In addition,land-use authorities may wish to consult Industry Canada's guide for the development of local consultation processes. 4 ATTACHMENT# / TO REPORT # Pi—N 27-15 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 4.2 Industry Canada's Default Public Consultation Process Proponents must follow Industry Canada's Default Public Consultation Process where the local land-use p authority does not have an established and documented public consultation process applicable to antenna siting. Proponents are not required to follow Industry Canada's Default Public Consultation Process if the land-use authority's established process explicitly excludes their type of proposal from public consultation or it is excluded by Industry Canada's criteria(see Section 6). Industry Canada's default process has three steps whereby the proponent: 1. provides written notification to the public,the land-use authority and Industry Canada of the proposed antenna system installation or modification (i.e.public notification); 2. engages the public and the land-use authority in order to address relevant questions, comments and concerns regarding the proposal (i.e.responding to the public); and 3. provides an opportunity to the public and the land-use authority to formally respond in writing to the proponent regarding measures taken to address reasonable and relevant concerns (i.e.public reply comment). Public Notification 1. Proponents must ensure that the local public,the land-use authority and Industry Canada are notified of the proposed antenna system.As a minimum, proponents must provide a notification package (see • Appendix 2)to the local public(including nearby residences, community gathering areas, public institutions, schools, etc.), neighbouring land-use authorities,businesses, and property owners, etc. located within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure,whichever is greater. For the purpose of this requirement, the outside perimeter begins at the furthest point of the supporting mechanism, be it the outermost guy line, building edge, face of the self-supporting tower, etc. 2. It is the proponent's responsibility to ensure that the notification provides at least 30 days for written public comment. 3. In addition to the minimum notification distance noted above, in areas of seasonal residence,the proponent, in consultation with the land-use authority, is responsible for determining the best manner to notify such residents to ensure their engagement. 4. In addition to the public notification requirements noted above, proponents of antenna-supporting structures that are proposed to be 30 metres or more in height must place a notice in a local community newspaper circulating in the proposed area.' 3 The notice must be synchronized with the distribution of the public notification package.It must be legible and placed in the public notice section of the newspaper.The notice must include:a description of the proposed installation;its location and street address;proponent contact information and mailing address;and an invitation to provide public comments to the proponent within 30 days of the notice.In areas without a local newspaper,other effective means of public notification must be implemented.Proponents may contact the local Industry Canada office for guidance. 5 ATTACHMENT# / TO REPORT # PLt. 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Responding to the Public Proponents are to address all reasonable and relevant concerns, make all reasonable efforts to resolve them in a mutually acceptable manner and must keep a record of all associated communications. If the local public or land-use authority raises a question, comment or concern relating to the antenna system as a result of the public notification process,then the proponent is required to: 1. respond to the party in writing within 14 days acknowledging receipt of the question, comment or concern and keep a record of the communication; 2. address in writing all reasonable and relevant concerns within 60 days of receipt or explain why the question, comment or concern is not, in the view of the proponent, reasonable or relevant; and 3. in the written communication referred to in the preceding point, clearly indicate that the party has 21 days from the date of the correspondence to reply to the proponent's response. The proponent must provide a copy of all public reply comments to the local Industry Canada office. Responding to reasonable and relevant concerns may include contacting a party by telephone, engaging in a community meeting or having an informal, personal discussion. Between steps 1 and 2 above,the proponent is expected to engage the public in a manner it deems most appropriate.Therefore,the letter at step 2 above may be a record of how the proponent and the other party addressed the concern at hand. Public Reply Comments As indicated in step 3 above,the proponent must clearly indicate that the party has 21 days from the date of the correspondence to reply to the response. The proponent must also keep a record of all correspondence/discussions that occurred within the 21-day public reply comment period. This includes records of any agreements that may have been reached and/or any concerns that remain outstanding. • The factors that will determine whether a concern is reasonable or relevant according to this process will vary but will generally be considered if they relate to the requirements of this document and to the particular amenities or important characteristics of the area surrounding the proposed antenna system. Examples of concerns that proponents are to address may include: • Why is the use of an existing antenna system or structure not possible? • Why is an alternate site not possible? • What is the proponent doing to ensure that the antenna system is not accessible to the general public? • How is the proponent trying to integrate the antenna into the local surroundings? • What options are available to satisfy aeronautical obstruction marking requirements at this site? • What are the steps the proponent took to ensure compliance with the general requirements of this document including the Canadian Environmental Assessment Act(CEAA), Safety Code 6, etc.? 6 ATTACHMENT# / TO REPORT # .PL-N 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Concerns that are not relevant include: • disputes with members of the public relating to the proponent's service, but unrelated to antenna installations; • potential effects that a proposed antenna system will have on property values or municipal taxes; • questions whether the Radiocommunication Act,this document, Safety Code 6, locally established by-laws, other legislation,procedures or processes are valid or should be reformed in some manner. 4.3 Concluding Consultation The proponent may only commence installation/modification of an antenna system after the consultation process has been completed by the land-use authority, or Industry Canada confirms concurrence with the consultation portion of this process, and after all other requirements under this process have been met. Consultation responsibilities will normally be considered complete when the proponent has: 1. concluded consultation requirements(Section 4.1)with the land-use authority; 2. carried out public consultation either through the process established by the land-use authority or the Industry Canada's Default Public Consultation Process where required;and 3. addressed all reasonable and relevant concerns. Concluding Land-use Authority Consultation Industry Canada expects that land-use consultation will be completed within 120 days from the proponent's initial formal contact with the local land-use authority. Where unavoidable delays may be encountered,the land-use authority is expected to indicate when the proponent can expect a response to the proposal. If the authority is not responsive,the proponent may contact Industry Canada. Depending on individual circumstances, Industry Canada may support additional time or consider the land-use authority consultation process concluded. Depending on the land-use authority's own process, conclusion of local consultation may include such steps as obtaining final concurrence for the proposal via the relevant committee, a letter or report acknowledging that the relevant municipal process or other requirements have been satisfied, or other valid indication, such as the minutes of a town council meeting indicating LUA approval. Compliance with informal city staff procedures, or grants of approval strictly related to zoning, construction, etc. will not normally be sufficient. Industry Canada recognizes that approvals for construction(e.g. building permits)are used by some land-use authorities as evidence of consultation being concluded. Proponents should note that Industry Canada does not consider the fact a permit was issued as confirmation of concurrence, as different land-use authorities have different approaches. As such, Industry Canada will only consider ' such approvals as valid when the proponent can demonstrate that the LUA's process was followed and that the LUA's preferred method of concluding LUA consultation is through such an approval. 7 • ATTACHMENT# / TO REPORT # PIA 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Concluding Industry Canada's Default Public Consultation Process Industry Canada's Default Public Consultation Process will be considered concluded when the proponent has either: • received no written questions, comments or concerns to the formal notification within the 30-day public comment period; or • if written questions, comments or concerns were received,the proponent has addressed and resolved all reasonable and relevant concerns and the public has not provided further comment within the 21-day reply comment period. In the case where the public responds within the 21-day reply comment period,the proponent has the option of making further attempts to address the concern on its own, or can request Industry Canada engagement. If a request for engagement is made at this stage, Industry Canada will review the relevant material,request any further information it deems pertinent from any party and may then decide that: • the proponent has met the consultation requirements of this process and that Industry Canada concurs that installation or modification may proceed; or • the parties should participate in further attempts to mitigate or resolve any outstanding concern. 5. Dispute Resolution Process The dispute resolution process is a formal process intended to bring about the timely resolution where the parties have reached an impasse. Upon receipt of a written request, from a stakeholder other than the general public, asking for Departmental intervention concerning a reasonable and relevant concern,the Department may request that all involved parties provide and share all relevant information. The Department may also gather or obtain other relevant information and request that parties provide any further submissions if applicable. The Department will, based on the information provided, either: • make a final decision on the issue(s) in question, and advise the parties of its decision; or • suggest the parties enter into an alternate dispute resolution process in order to come to a final decision. Should the parties be unable to reach a mutually agreeable solution, either party may request that the Department make a final decision. Upon resolution of the issue under dispute,the proponent is to continue with the process contained within this document as required. 8 • ATTACHMENT# / TO REPORT # 91-N 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 6. Exclusions For the following types of installations,proponents are excluded from the requirement to consult with the LUA and the public, but must still fulfill the General Requirements outlined in Section 7: • maintenance of existing radio apparatus including the antenna system,transmission line,mast,tower or other antenna-supporting structure; • 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,water tower, 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; • maintenance of an antenna system's painting or lighting in order to comply with Transport Canada's requirements; • 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 event; and • new antenna systems, including masts,towers or other antenna-supporting structure,with a height of less than 15 metres above ground level. Individual circumstances vary with each antenna system installation and modification, and the exclusion criteria above should be applied in consideration of local circumstances. Consequently, it may be prudent for the proponents to consult the LUA and the public 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; • the likelihood of an area being a community-sensitive location; and • Transport Canada marking and lighting requirements for the proposed structure. Proponents who are not certain if their proposed structure is excluded, or whether consultation may still be prudent, are advised to contact the land-use authority and/or Industry Canada for guidance. 9 ATTACHMENT# / TO REPORT # PLA Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 7. General Requirements In addition to roles and responsibilities for site sharing, land-use consultation and public consultation, proponents must also fulfill other important obligations including: compliance with Health Canada's Safety Code 6 guideline for the protection of the general public; compliance with radio frequency immunity criteria; notification of nearby broadcasting stations; environmental considerations; and Transport Canada/NAV CANADA aeronautical safety responsibilities. 7.1 Radio Frequency Exposure Limits Health Canada has established safety guidelines for exposure to radio frequency fields, in its Safety Code 6 publication, entitled:Limits of Human Exposure to Radiofrequency Electromagnetic fields in the Frequency Range from 3 kHz to 300 GHz.4 While the responsibility for developing Safety Code 6 rests with Health Canada, Industry Canada has adopted this guideline for the purpose of protecting the general public. Current biomedical studies in Canada and other countries Indicate that there is no scientific or medical evidence that a person will experience adverse health effects from exposure to radio frequency fields,provided that the installation complies with Safety Code 6. It is the responsibility of proponents and operators of installations to ensure that all radiocommunication and broadcasting installations comply with Safety Code 6 at all times, including the consideration of combined effects of nearby installations within the local radio environment. For all proponents following Industry Canada's Default Public Consultation Process,the proponent's notification package must provide a written attestation that there will be compliance with Safety Code 6 for the protection of the general public, including consideration of nearby radiocommunication systems. The notification package must also indicate any Safety Code 6 related signage and access control mechanisms that may be used. Compliance with Safety Code 6 is an ongoing obligation. At any time, antenna system operators may be required, as directed by Industry Canada,to demonstrate compliance with Safety Code 6 by(i) providing detailed calculations, and/or(ii) conducting site surveys and, where necessary, by implementing corrective measures. Proponents and operators of existing antenna systems must retain copies of all information related to Safety Code 6 compliance such as analyses and measurements. 7.2 Radio Frequency Immunity All radiocommunication and broadcasting proponents and existing spectrum users are to ensure that their installations are designed and operated in accordance with Industry Canada's immunity criteria as outlined in EMCAB-25 in order to minimize the malfunctioning of electronic equipment in the local surroundings. Broadcasting proponents and existing undertakings should refer to Broadcasting ° Safety Code 6 can be found on Health Canada's website at: http://www.hc-sc.gc.ca/ewh-semt/pubs/radiation/99ehd-dhm23 7/index_e.html. 5 For more information see EMCAB-2,entitled:Criteria for Resolution of Immunity Complaints Involving Fundamental Emissions of Radiocommunications Transmitters available on Industry Canada's Spectrum Management and Telecommunications website at:www.strategis.ic.gc.ca/epic/internet/insmt-gst.nsf/en/sf01005e.html. 10 ATTACHMENT# / TO REPORT # P>^N 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Procedures and Rules-Part 1, General Rules(BPR-1) for additional information and requirements' on this matter. Proponents are advised to consider the potential effect that their proposal may have on nearby electronic equipment. In this way,they will be better prepared to respond to any questions that may arise during the public and land-use consultation processes, or after the system has been installed. Land-use authorities should be prepared to advise proponents and owners of broadcasting undertakings of plans for the expansion or development of nearby residential and/or industrial areas. Such expansion or development generally results in the introduction of more electronic equipment in the area and therefore an increased potential for electronic equipment to malfunction. By keeping broadcasters aware of planned developments and changes to adjacent land-use,they will be better able to work with the community. Equally, land-use authorities have a responsibility to ensure that those moving into these areas,whether prospective residents or industry, are aware of the potential for their electronic equipment to malfunction when located in proximity to an existing broadcasting installation. For example,the LUA could ensure that clear notification be provided to future prospective purchasers. 7.3 Proximity of Proposed Structure to Broadcasting Undertakings Where the proposal would result in a structure that exceeds 30 metres above ground level, the proponent is to notify operators of AM, FM and TV undertakings within 2 kilometres, due to the potential impact the physical structure may have on these broadcasting undertakings. Metallic structures close to an AM directional antenna array may change the antenna pattern of the AM broadcasting undertaking. These proposed structures can also reflect nearby FM and TV signals,causing `ghosting' interference to FM/TV receivers used by the general public. 7.4 Canadian Environmental Assessment Act Industry Canada requires that the installation and modification of antenna systems be done in a manner that complies with appropriate environmental legislation.This includes the CEAA and local environmental assessment requirements where required by the CEAA. Proponents will ensure that the environmental assessment process is applied as early as is practical in the planning stages. This will enable proponents and other stakeholders to consider environmental factors in any decisions that may be made.As part of their environmental assessment, proponents are to give due consideration to potential environmental impacts including cumulative effects. Proponents are advised to view the current CEAA exclusion list'to see if their proposed installation meets the requirements to be excluded from assessment under the CEAA. 6 BPR-1 -Part I:General Rules can be found on the Spectrum Management and Telecommunications website at: http://strategis.ic.gc.ca/epic/internet/insmt-gst.nsf/en/sfD 1326e.html. ' The CEAA exclusion list can be found at http://l aws.justice.gc.ca/en/C-15.2/SOR-94-639/index.html. 11 ATTACHMENT# / TO REPORT # N 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 If not excluded, the proponent must first notify the local Industry Canada office which will direct the proponent on how to proceed with an environmental assessment.At this point, the proponent must not proceed with any construction related to the proposal. Where the proposal requires assessment under the CEAA,the proponent must either: • abandon the proposal; or • participate in the environmental assessment process as established under the CEAA. Should the environmental assessment identify that there is the potential for an adverse environmental effect,the proponent will be required to describe the effect and propose mitigation measures. Through an environmental assessment, careful consideration may be given to potential adverse environmental effects during the planning stages. This makes it possible to introduce measures which permit the project to proceed while protecting the environment. Should any significant adverse environmental effect become apparent at any time during the installation, all construction must be stopped, regardless of whether the installation was excluded from environmental assessment. For all proponents following Industry Canada's Default Public Consultation Process,the proponent's notification package must provide written confirmation of the project's status under the Canadian Environmental Assessment Act. In those situations where an environmental assessment is required, Industry Canada will post a notification of the commencement of the assessment on the Canadian Environmental Assessment Registry website.8 This will help to ensure that all interested parties, including the general public, are aware of an assessment from the outset.The notification will include the name, location and a summary description of the project, and identify the project proponent(s)and federal department(s)directly involved in the assessment. Other pertinent documents will be placed on the Internet site as the assessment proceeds, including all public notices, decisions and information about follow,up programs. Should mitigation measures be identified further to the assessment, Industry Canada will ensure that the project does not proceed unless these measures are adequately addressed. In addition,proponents are responsible to ensure that antenna systems are installed and operated in a manner that respects the local environment and complies with other statutory requirements such as the Canadian Environmental Protection Act, the Migratory Birds Convention Act and the Species at Risk Act,where applicable. • s The Canadian Environmental Assessment Reeistry website can be found at:http://www.ceaa-acee.gc.ca/050/index_e.cfm. 12 • ATTACHMENT# / TO REPORT # 1-IK 2:7-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 7.5 Aeronautical Safety Proponents must ensure their proposals for any antenna system are first reviewed by Transport Canada and NAV CANADA. Transport Canada will perform an assessment of the proposal with respect to the potential hazard to air navigation and will notify proponents of any painting and/or lighting requirements for the antenna system.NAV CANADA will comment on whether the proposal has an impact on the provision of their national air navigation system, facilities and other services located off-airport. As required,the proponent must: 1. submit an Aeronautical Obstruction Clearance form to Transport Canada; 2. submit a Land-use Proposal Submission form to NAV CANADA; 3. include Transport Canada marking requirements in the public notification package; 4. install and maintain the antenna system in a manner that is not a hazard to aeronautical safety; and 5. retain all correspondence. For those antenna systems subject to Industry Canada's Default Public Consultation Process,the proponent will inform the community of any marking requirements. Where options are possible, proponents are expected to work with the local community and Transport Canada to implement the best and safest marking options. Proponents should be aware that Transport Canada does not advise Industry Canada of marking requirements for proposed structures. Proponents are reminded that the addition of, or modification to, obstruction markings may result in community concern and so any change is to be done in consultation with the local public, land-use authority and/or Transport Canada, as appropriate. References and Details Aeronautical Obstruction Clearance forms are available from any Transport Canada Aviation Group Office. Both the Aeronautical Obstruction Clearance form (#26-0427)and a list of Transport Canada Aviation Group regional offices are available on the Transport Canada website.9 Completed forms are to be submitted directly to the nearest Transport Canada Aviation Group office. (Refer to Canadian Aviation Regulations, Standard 621.19, Standards Obstruction Markings). Land-use Proposal Submission forms are available from NAV CANADA' and completed forms are to be sent to the appropriate NAV CANADA General Manager Airport Operations(GMAO)office, East or West. 9 The Transport Canada website can be found at:http://www.tc.gc.ca. 10 Search keywords"Land-use Proposal"on the NAV CANADA website at:http://www.navcanada.ca. 13 ATTACHMENT# TO REPORT # PLR 2'i-I3 • Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Appendix 1 - Consultation Flow Chart Investigate feasibility of sharing/ — using existing Infrastructures (Section 3) nstallation f Consult with LUA to discuss site options meets IC preferences&determine local antenna system I No exclusions? siting requirements/process to be followed (Section 6) (Sections 4 4.1) LUA Yes process has Follow tC Default Public (Section 4.2) ' 'ubtic Consuttatio Follow LUA Public 1 Consultation process requirements or, Yes-Consultation process JJJ I applicable explicit (Section 41 CExcluded from LUA& 1 exclusions? . j Public Consultation • IC Default LUA Public Public Consultation Consultation concluded,all reasonable No No concluded,all reasonable &relevant concerns &relevant concerns addressed? addressed? Yes Yes r + Difficulties in obtaining LUA LUA 'ub1ic Reply concurrence or,addressing Yes 41—NO concurrence Comments? ., public concerns!impasse: Contact IC for guidance Yes • IC decision No (Section 2 or 5) • • er Genera Installation cannot Requirements met? No s proceed until Section 7 , (Section 7) requirements are met Yes Submit licence application or proceed with installation/modification • CEO 14 ATTACHMENT# / TO REPORT # PLN 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Appendix 2 -Industry Canada's Default Public Consultation Process -Public Notification Package (See Section 4.2) The proponent must ensure that at least 30 days are-provided for public comment.Notification must provide all information on how to submit comments to the proponent in writing. The proponent must also provide a copy of the notification package to the land-use authority and the local Industry Canada office at the same time as the package is provided to the public. Notification must include,but need not be limited to: (1) the proposed antenna system's purpose,the reasons why existing antenna systems or other infrastructure cannot be used, a list of other structures that were considered unsuitable and future sharing possibilities for the proposal; (2) the proposed location within the community,the geographic co-ordinates and the specific property or rooftop; (3) 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; (4) identification of areas accessible to the general public and the access/demarcation measures to control public access; (5) the project's status under the Canadian Environmental Assessment Act2; (6) a description of the proposed antenna system including its height and dimensions, a description of any antenna that may be mounted on the supporting structure and simulated images of the proposal; (7) Transport Canada's aeronautical obstruction marking requirements(whether painting, lighting or both) if available; if not available, the proponent's expectation of Transport Canada's requirements together with an undertaking to provide Transport Canada's requirements once they become available; (8) an attestation that the installation will respect good engineering practices including structural adequacy; (9) reference to any applicable local land-use requirements such as local processes,protocols, etc.; ' Example:I,(name of individual or representative of company)attest that the radio installation described in this notification package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6,as may be amended from time to time,for the protection of the general public including any combined effects of nearby installations within the local radio environment. 2 Example:I,(name of individual or representative of company)attest that the radio antenna system described in this notification package is excluded from environmental assessment under the Canadian Environmental Assessment Act. 15 ATTACHMENT# / TO REPORT # Q._N1 27-13 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 (10) notice that general information relating to antenna systems is available on Industry Canada's Spectrum Management and Telecommunications website (http://strategis.ic.gc.ca/antenna); (11) contact information for the proponent, land-use authorities and the local Industry Canada office; and (12) closing date for submission of written public comments(not less than 30 days from receipt of notification). Ii 16 AT7ACI t;'JT _ 2 P Tp • REPORT # PL.N 27-13 1 cwta Assoraar�ncanadie rn ne dos IElecoinunirations sans fil F C FEDERATION FEDERATION C OF CANADIAN CANADIENNE DES Canada n Wifeless acts MUNICIPALITIES MUNICIPALITES Tolocornrnunicallons Association ANTENNA SYSTEM SITING PROTOCOL TEMPLATE c.— ---, r 1 : 1 • ___.) ..,_ _ .. 2 ___ _._____ . II 111 III „„.„,,,,w.,..031x --- „::,.:.,,,,,,,,:„.„...41 - _:.„...„,,,_t„.„.,,,,r,,,-,,,,„,,,,,„.,„, 3;,-:.:-._,,,,,,,,,.....„„.. :- ,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,, , , ....„„_.,„,,,„..,_.....„ , ,,..._,,, . ...„,,,, .,_.„...,,v,„, _,.,. • ..„.,,,,,:„..,, ,,_, __ ,,,.„ .,, .9„:„.,,,,,,,,,,,-;,,,,,,,,„,,, „ -:,,,,i,„_,,,w,„,,r,„:a -� ,...„ ... ,, ..„,..„,,,,..,.,,,,,,..,..„ -,, _____ ._._ ,-- e www.fcm.ca www.cwta.ca ATTACHMENT# 2 TO REPORT # PL N 27-13 PURPOSE: (TO BE REMOVED FROM FINAL PROTOCOL) The purpose of this protocol template is to provide Municipalities with a tool to develop customized protocols for the siting of Antenna Systems within their Municipality. As the template was developed jointly by the FCM and the CWTA,and is consistent with Industry Canada rules on Antenna System consultations,its use should result in consistent and predictable Antenna System siting protocols.This template encourages the development of local protocol guidelines that fully express the Municipality's location and design preferences. It is desirable for protocols to highlight local knowledge and expertise by suggesting preferred sites in all zoning designations and community development,plans, including in Residential Areas,as well as design and screening preferences. Additionally,all examples of local customization provided in the Appendix are endorsed by the wireless industry as being reasonable and practical components of an antenna siting protocol.Some of these examples are better suited to urban,suburban or rural Municipalities, depending on the Municipality from which they derive, but they serve as'best practices'and should be considered by Municipalities as they examine options for developing their own local protocols. Municipalities should remove all items from this template that are not relevant considering its municipal policies and preferences before finalizing its protocol. The following sections set out recommended language that may be adopted or adapted by Municipalities wishing to develop a customized protocol in a manner that reflects local circumstances. • • • • ATTACHMENT# 2 TO REPUR1 # Q1-' 27-lb TABLE OF CONTENTS 1. OBJECTIVES 3 2. JURISDICTION AND ROLES 4 3. DEFINITIONS • 6 4. EXCLUDED STRUCTURES 8 4.1 Exemptions from Antenna System Siting Proposal Review and Public Consultation 8 4.2 Notification and Municipal Review of Exempt Antenna Systems 9 4.3 Exemptions from Public Consultation Only 11 .4.4 Siting on Municipal-Owned Properties 11 5. PRE-CONSULTATION WITH THE MUNICIPALITY 12 5.1 Notification 12 5.2 Site Investigation Meeting with Municipality 12 5.3 Confirmation of Municipal Preferences and Requirements 13 6. DEVELOPMENT GUIDELINES 14 6.1 Location 14 • 6:2 Development and Design Preferences 15 7. PROPOSAL SUBMISSION 17 7.1 Proposal Submission Requirements ' 17 7.2 Fees 18 8. PUBLIC CONSULTATION PROCESS 19 8.1 Notice Recipients 19 8.2 Notice Requirements 19 8.3 Written Consultation Process 20 8.4 Public Information Session 21 8.5 Post Consultation Review 21 9. STATEMENT OF CONCURRENCE OR NON-CONCURRENCE 23 9.1 Concurrence and Concurrence with Conditions 23 9.2 Non-concurrence 23 9.3 Rescinding a Concurrence 23 9.4 Duration of Concurrence 24 9.5 Transfer of Concurrence • 24 10. CONSULTATION PROCESS TIMEFRAME 25 11. LETTER OF UNDERTAKING 26 12. REDUNDANT ANTENNA SYSTEM 27 • APPENDIX A 28 Location 29 Development and Design Preferences 30 ATTACHMENT# Z TO REPORT # P1-t 2/-13 2 • Antenna System Siting Process Flowchart Proponent notifies Designated Municipal Designated Officer(DMO)that locations in the Municipal Officer community are being physically assessed for potential Antenna System siting. Name: Phone#: Proponent notifies DMO of proposed installation. Email: i Does Municipality require a siting proposal and/or consultation process? No Proponent and Municipality discuss screening/aesthetic preferences if applicable before Proponent proceeds with the installation. Yes Site Investigation Meeting Proponent submits complete proposal. G �� _ �� J Does Municipality l.� Municipality issues Letter concur with of Non- Is public consultation required? No proposal? No concurrence Yes Yes Municipality issues Proponent completes public consultation Letter of Concurrence and submits results to Municipality. ca U, Does Municipality concur with proposal? No Municipality cv issues Letter of Non- concurrence Yes Municipality issues Letter of Concurrence • ATTACHMENT# 2- TO • REPORT f .Pit 27-13 3 • Section 1 I ' OBJECTIVES The objectives of this Protocol are: (1) To establish a siting and consultation process that is harmonized with Industry Canada's Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular(CPC-2-0-03)and Guide to Assist Land-use Authorities in Developing Antenna Siting•Protocols for reviewing land use issues associated with Antenna System siting proposals; (2) To set out an objective process,criteria and guidelines that are transparent,consistent and predictable for the evaluation of Antenna System siting proposals that: a. Minimize the number of new antenna sites by encouraging co-location; b. Encourage designs that integrate with the surrounding land use and public realm; c. Establish when local public consultation is required;and d. Allow Industry Canada and the communications industry to identify and resolve any potential land use,siting or design concerns with the Municipality at an early stage in the process. (3) To provide an expeditious review process for Antenna System siting proposals; (4) To establish a local land use consultation framework that ensures the Municipality and members of the public contribute local knowledge that facilitates and influences the siting- location,development and design (including aesthetics)-of Antenna Systems within municipal boundaries; (5) To contribute to the orderly development and efficient operation of a reliable,strong radiocommunication network in the Municipality; and (6)• To provide the Municipality with the information required to satisfy the requirements of Industry Canada regarding local land use consultation, resulting in an informed statement of concurrence,concurrence with conditions,or non-concurrence from • the Municipality to Industry Canada at the end of the process. • • ATTACHMENT# 2- TO REPORT # J)L ty 2 7-13 4 Section 2 JURISDICTION AND ROLES INDUSTRY CANADA: Under the Radiocommunication Act,the Minister of Industry has sole jurisdiction over inter-provincial and international communication facilities.The final decision to approve and licence the location of Antenna Systems is made only by Industry Canada. In June 2007, Industry Canada issued an update to its Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular(CPC-2-0-03)which outlines the process that must be fol- lowed by Proponents seeking to install or modify Antenna Systems,effective January 1,2008.1 Industry Canada also requires that Proponents intending to install or modify an Antenna System notify and consult with Municipality(Land Use Authority),and the local community within a Prescribed Distance from the proposed structure. Industry Canada also published a Guide to Assist Land-use Authorities in Developing Antenna Siting Protocols in January 2008,stating that it"considers that the Municipality's and local residents'questions,comments and concerns are important elements to.be considered by a Proponent seeking to install, or make modifications to,an antenna system."The CPC also establishes a dispute resolution process to be used where • the Proponent and Municipality have reached an impasse. ROLE OF THE MUNICIPALITY:The ultimate role of the Municipality is to issue a statement of concurrence or non-concurrence to the Proponent and to Industry Canada.The statement con- siders the land use compatibility of the Antenna System,the responses of the affected residents and the Proponent's adherence to this Protocol.The Municipality also guides and facilitates the siting process by: • Communicating to Proponents the particular amenities,sensitivities, planning priorities and other relevant characteristics of the area; • Developing the design guidelines for Antenna Systems contained in Section 6 of this Protocol;and • Establishing a community consultation process,where warranted. ' For additional information regarding Industry Canada's mandate and the application of its authority in the wireless telecommunications process,please consult Industry Canada's Spectrum Management and Telecommunications Sector at http://ic.gc.ca/spectrum. ATTACHMENT# 2- TO REPORT# PIN 27-13 • 5 By working with Proponents throughout the siting process, beginning with preliminary notification and the site investigation meeting,the Municipality seeks to facilitate Antenna System installations that are sensitive to the needs of the local community. ROLE OF THE PROPONENT:Proponents need to strategically locate Antenna Systems to satisfy technical criteria and operational requirements in response to public demand. Throughout the siting process, Proponents must adhere to the antenna siting guidelines in the CPC,including: • Investigating sharing or using existing infrastructure before proposing new antenna-supporting structures(consistent with CPC-2-0-17 Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements); • Contacting the Municipality to determine local requirements regarding Antenna Systems;and • Undertaking public notification and addressing relevant concerns as is required and appropriate. OTHER FEDERAL LEGISLATION: Proponents.additionally must comply with the following federal legislation and/or regulations,where warranted: • Health Canada's Safety Code 6-Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 KHZ to 300 GHZ- Safety Code 6(2009)2 • The Canadian Environmental Assessment Act;and • NAV Canada and Transport Canada's painting and lighting requirements for aeronautical safety. 2 The Municipality does not assess any submission for an Antenna System with respect to health and radiofrequency exposure issues or any other non-placement or non-design related issues.Any questions or comments the public may wish to make regarding health issues related to cell phones,cell towers and radiofrequency exposure guidelines(Safety Code 6)should be directed to Health Canada on-line at healthcanada.gc.ca and to the Proponent's representative. ATTACHMENT# TO REPORT# Lt5 27-�3 6 • • Section 3 . i € "4.1 'Ae- Ott - r-� ik VANi4 i _ 7 • N MO J ANTENNA SYSTEM: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.This protocol most commonly refers to the following two types of Antenna Systems: 1. 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; 2. 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. CO-LOCATION:the placement of antennas and equipment operated by one or more Proponents on a telecommunication Antenna System operated by a different Proponent, thereby creating a shared facility. COMMUNITY SENSITIVE LOCATIONS:land on which the siting of new Antenna Systems is discouraged, or requested to be subject to greater consultation than otherwise dictated by the standard protocol.Such locations may be defined in local zoning bylaws,community plans, or statutory plans. DESIGNATED COMMUNITY ASSOCIATION:area-or neighbourhood-specific group that is recognized by the Municipality. DESIGNATED MUNICIPAL OFFICER(AND HIS OR HER DESIGNATE):the municipal staff member(s)tasked with receiving,evaluating and processing submissions for telecommunication Antenna Systems.The Designated Municipal Officer's name and contact information is provided in the Antenna System Siting Flowchart provided in this protocol. ATTACHMENT# 2 TO 7 REPORT # • III ELECTED MUNICIPAL OFFICIAL:the political leader of the demarcated area of the Municipality(e.g.ward) in which the Antenna System is proposed. • HERITAGE STRUCTURES/AREAS:buildings and structures(e.g. monuments)or areas/ neighbourhoods receiving a heritage designation by the Municipality. MUNICIPAL DEPARTMENTS:branches of municipal government that administer public services and are operated by city staff. OTHER AGENCIES:bodies(e.g.boards or commissions)that administer public services but are not operated or staffed by the Municipality. PRESCRIBED DISTANCE:[TO BE DETERMINED•BY THE MUNICIPALITY3], measured horizontally from the base of the proposed Freestanding or Building/Structure-Mounted Antenna System. PROPONENT:a company or organization proposing to site an Antenna System(including contractors undertaking work for telecommunications carriers)for the purpose of providing commercial or private telecommunications services,exclusive of personal or household users.4 RESIDENTIAL AREA:lands used or zoned to permit residential uses, including mixed uses(i.e.where commercial use is permitted at-grade with residential apartments/ condominiums above). Industry Canada recommends in the CPC a distance of three times the height of the proposed tower.Other existing municipal protocols have adopted a range of prescribed distances,e.g.six times the height of the proposed tower, a minimum of 100 metres,a minimum of 120 metres. ' The Municipality may wish to apply this Protocol to amateur radio operators or,alternatively,introduce a separate review process for amateur radio installations. ATTACHMENT# 2- TO REPORT # 27-13 8 Section 4 EXCLUDED STRUCTURES This section outlines the criteria for identifying Antenna Systems excluded from the consultation ' process by Industry Canada, the need to consider local circumstances for all exempt structures, and the process for Proponents to notify and discuss proposed exempt structures with the Municipality.Depending on the type of Antenna System proposed and the proposed system's proximity to discouraged locations(i.e.within the Prescribed Distance from the nearest Residen- tial Area),structures typically excluded by Industry Canada may be required to follow all or part of the pre-consultation,proposal submission and public consultation identified in this protocol.5 4.1 EXEMPTIONS FROM ANTENNA SYSTEM SITING PROPOSAL REVIEW AND PUBLIC CONSULTATION For the following types of installations, Proponents are generally excluded by Industry Canada from the requirement to consult with the Municipality and the public, but must still fulfill the General Requirements outlined in Section 7 of the CPC: (1) New Antenna Systems, including masts,towers or other antenna-supporting structure, with a height of less than 15 metres above ground level except where required by the Municipality as per Section 4.2.2; (2) Maintenance of existing radio apparatus including the Antenna System,transmission line, mast,tower or other antenna-supporting structure; (3) 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, water tower,etc., including additions to rooftops or support pillars, provided: a) the addition or modification does not result in an overall height increase above • the existing structure of 25%of the original structure's height; b) the existing Antenna System is at least 15 metres in height6;and c)' the existing Antenna System has not previously been modified to increase its original height by 25%;' In developing this Joint Antenna System Siting Protocol with the Federation of Canadian Municipalities(FCM),the Canadian Wireless Telecommunications Association(CWTA)has agreed that Proponents will follow all or part of the pre-consultation,proposal submission and public consultation requirements for typically exempt Freestanding Antenna Systems and additions to Freestanding Antenna Systems,as long as these requirements are reasonable and consistent with the process identified in this protocol. 6 Any modifications or additions to existing Antenna Systems 15 metres or less in height that would extend the height of the existing antenna above 15 metres will be subject to the consultation process as applicable. ' ,The exemption for modifications or additions that increase the height of the existing system by 25%or less applies only once.Subsequent modifications or additions to the same structure will be subject to the consultation process as applicable. • ATTACHMENT/i 2 TO REPORT/ 27-13 9 • r (4) Maintenance of an Antenna System's painting or lighting in order to comply with Transport Canada's requirements;and (5) 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 an emergency,and is removed within 3 months after the emergency or special event.8 The CPC also states that: Individual circumstances vary with each Antenna System installation and modification,and the exclusion criteria above should be applied in consideration of local circumstances.Consequently, it may be prudent for the Proponents to consult the Municipality and the public 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; • the likelihood of an area being a Community-Sensitive Location;and • Transport Canada marking and lighting requirements for the proposed structure. 4.2 NOTIFICATION AND MUNICIPAL REVIEW OF EXEMPT ANTENNA SYSTEMS Notwithstanding Industry Canada's exemption criteria for certain Antenna Systems, Municipalities should be informed of all new Antenna System installations within their boundaries so they can: • Be prepared to respond to public inquiries once construction/installation has begun; • • Be aware of site Co-location within the Municipality; • Maintain records to refer to in the event of future modifications and additions;and • Engage in meaningful dialogue with the Proponent with respect to the appearance of the Antenna System and structure prior to the Proponent investing in full design. Therefore, Proponents are required to undertake the following steps for all exempt Antenna System installations before commencing construction. • The Municipality may grant,upon request,additional time for the removal of Antenna Systems used for a special event • or emergency operation. ATTACHMENT# 2-- TO •10 REPORT # PL ty 2-7-13 4.2.1 Building/Structure-Mounted Antenna System: • The Proponent will in all cases provide the following information for all new Antenna Systems or modifications to existing Antenna Systems that are mounted to an existing structure, including- (but not limited to)a building/rooftop,water tower, utility pole or light standard: (1) The location of the Antenna System(address, name of building,rooftop or wall mounted,etc.); • (2) Description of proposed screening or stealth design measures with respect to the measures used by existing systems on that site and/or the preferences expressed in Section 6; • (3) The height of the Antenna System: (4) The height of any modifications to existing systems. The Municipality may notify the Proponent of any inconsistency with the preferences and sensi- tivities expressed in Section 6 and the parties will work towards a mutually agreeable solution. 4.2.2 Freestanding Antenna Systems and additions to Freestanding Antenna Systems: The Proponent will confirm to the Municipality that the Freestanding Antenna System to be erected,or an addition to an existing Freestanding Antenna System as defined in Section 4.1(3), meets the exclusion criteria in Section 4.1 by providing the following: (1) The proposed location, including its address and location on the lot or structure; (2) A short summary of the proposed Antenna System including a preliminary set of drawings or visual rendering of the proposed system;and (3) A description of how the proposal meets one of the Section 4.1 exclusion criteria. The Municipality will review the documentation and will contact the Proponent where there is a site-specific basis for modifying the exemption criteria based on the preferences and sensitivities expressed in Section 6 of this Protocol. In such cases,the Municipality and the Proponent will work toward a mutually agreeable solution,which may include the Municipality requesting the proposal be subject to all or part of the pre-consultation, proposal submission and public con- sultation process defined in Sections 5,7 and 8 of this protocol,as applicable,concluding with a letter of concurrence or non-concurrence. • ATTACHMENT#_ 2 TO ii REPORT ft Pi_li 21-13 Proponents should anticipate that the Municipality will request that all proposals for new Freestanding Antenna Systems and additions to existing Freestanding Antenna Systems that are proposed within the Prescribed Distance from the nearest Residential Area be subject to the pre-consultation,proposal submission and public consultation process. For this reason,Proponents are strongly encouraged to initiate this process before investing in a final design or site. 4.3 EXEMPTIONS FROM PUBLIC CONSULTATION ONLY In addition to Industry Canada's basic exemptions listed in subsection 4.1,the following types of Antenna Systems are exempt from the public consultation requirement by the Municipality: (1) New Antenna Systems which will be located outside the Prescribed Distance (as identified in Section 3)from the nearest Residential Area. (2) Notwithstanding subsection (1)above,the Municipality may,on a case-by-case basis, • exempt a Proponent from all or part of the consultation requirements under Section 8 of this Protocol.9 For example,exemptions may be granted where the proposed location is separated from a Residential or Heritage area or structure by an arterial roadway,and/or is buffered by substantial tree cover,topography,or buildings. 4.4 SITING ON MUNICIPAL-OWNED PROPERTIES Any request to install an Antenna System on lands owned by the Municipality shall be made to the appropriate official dealing with municipal properties, in accordance with Municipal policy.10 • ° For example,a Municipality may decide to exclude certain proposals from the requirement to hold a public meeting, but not from issuing a public notification to affected property owners/tenants within the Prescribed Distance. ° Existing municipal procedures related to the leasing/selling of municipal-owned land to third parties may necessitate a consultation process irrespective of whether an exemption is provided under this Protocol. ATTACHMENT# 2.. TO 12 REPORT # pL.t 2-7-►3 Section 5 I J PRE-CONSULTATION WITH THE MUNICIPALITY Pre-consultation is one of the most important elements in the antenna siting process as it generally occurs at a point before the Proponent is committed to a site or design.As a result it represents the best opportunity to influence the siting decision since the Proponent will more likely become committed to a site once the detailed engineering has been completed. While a discussion of submission requirements is appropriate the proposal will benefit most from early direction on matters of siting and design. Proponents are strongly encouraged to initiate pre-consultation as early as possible in the antenna siting process for exempt and non-exempt structures. Prior to submitting an Antenna System proposal, including for Freestanding Antenna Systems or additions to Freestanding Antenna Systems as may be required under Section 4.2.2,the Proponent will undertake the following preliminary consultations with the Municipality. 5.1 NOTIFICATION • Proponents will notify the Designated Municipal Officer that locations in the community are being physically assessed for potential Antenna System siting. 5.2 SITE INVESTIGATION MEETING WITH MUNICIPALITY Prior to submitting an Antenna System siting proposal,the Proponent will initiate a site investigation meeting with the Municipality. The purpose of the site investigation meeting is to: • Identify preliminary issues of concern; • • Identify requirements for public consultation (including the need for additional forms of notice and a public information session); • • Guide the content of the proposal submission;and • Identify the need for discussions with any Municipal Departments and Other Agencies as deemed necessary by the Designated Municipal Officer. • ATTACHMENT#_2-TO 13 REPORT# P1-.N 21-13 • f i Where the Municipality has an initial concern with the proposed siting of the proposal they will make known to the Proponent alternative locations within the Proponent's search area for consideration. The Proponent will bring the following.information to the site investigation meeting": (1) The proposed location; • (2) Potential alternative locations; (3) The type and height of the proposed Antenna System;and (4) Preliminary drawings or visual renderings of the proposed Antenna System superim- posed to scale;and (5) Documentation regarding the investigation of co-location potentials on existing or pro- posed Antenna Systems within 500 metres of the subject proposal. If desired by both the Proponent and the Municipality, multiple Antenna System siting proposals may be reviewed at a site investigation meeting. 5.3 CONFIRMATION OF MUNICIPAL PREFERENCES AND REQUIREMENTS Following the site investigation meeting, municipal staff will provide the Proponent with an information package that includes: (1) This Protocol,which outlines the approval process,excluded structures, requirements for public consultation and guidelines regarding site selection,co-location, installation, design and landscaping; (2) Proposal submission requirerrients; (3) A list of plans and studies that may be required(i.e.environmental impact statements); (4) A list of Municipal Departments and Other Agencies to be consulted;and (5) An indication of the Municipality's preferences regarding Co-location for the site(s) under discussion. To expedite the review of the proposal,the Proponent will review this information package before the proposal is submitted so that the interests of Municipal Departments are taken into account.The Proponent is encouraged to consult with affected Departments as well as the local Elected Municipal Official and/or Designated Municipal Officer before submitting the proposal. " Proponents may prefer to attend the site investigation meeting without some of the required documents-particularly preliminary drawings-if it is waiting on Municipality feedback before settling on a final location,structure height or design.This should be confirmed with the Municipality.Such documents will be required to be provided following the meeting and prior to the Municipality providing the Proponent with the information package. ATTACHMENT# Z TO 14 REPORT# PIA 27-13 • • Section 6 • r � 1 DEVELOPMENT GUIDELINES BACKGROUND(TO BE REMOVED FROM FINAL PROTOCOL): Municipalities are advised to provide as much detail as possible in this section in order to guide the development of Antenna Systems in their community in a manner that respects local sensitivities and land-use compatibility while providing transparency and predictability to Proponents.Various common criteria for development guidelines are included below.Suggestions for specific guidelines that have been identified as best practices from other Municipal protocols are provided in the Appendix as a reference point. Municipalities are encouraged to populate this guidelines section(or remove any inapplicable categories)as is appropriate to identify their local sensitivities. Municipalities should ensure that all relevant Zoning By-law regulations are cited in this section as deemed necessary. Antenna Systems should be sited and designed to respect local sensitivities and preferences as identified by the Municipality. The Municipality has set out a number of guidelines under the following criteria for the selection of sites and/or construction of new Antenna Systems: • Location,including Co-location;and • Development and Design Preferences The Proponent should review the guidelines identified below as early as possible,and should attempt to resolve any outstanding issues prior to submitting its Antenna System siting pro- posal and undertaking the public consultation,where required by the Municipality.Because expressed preferences may be location-or site-specific,the Proponent is encouraged to discuss the guidelines fully with the Municipality at the site investigation meeting. Proponents are also required to obtain all applicable building permits for additions and/or modifications to existing buildings. • • ATTACHMENT# a TO • 15 REPORT# Pi- 27-13 • 1 J L. 6.1 LOCATION Co-location: Before submitting a proposal for an Antenna System on a new site,the Proponent must explore the following options: • Consider sharing an existing Antenna System, modifying or replacing a structure if necessary; • • Locate,analyze and attempt to use any feasible existing infrastructure, including (but not limited to) rooftops,water towers, utility poles or light standards. Where Co-location on an existing Antenna System or structure is not possible,a new Antenna System should be designed with Co-location capacity,including in Residential Areas when iden- tified as the Municipality's preference. - The Municipality recognizes that the objective of promoting Co-location and the objective of making Antenna Systems less noticeable may sometimes come into conflict. Nevertheless,the Municipality intends to review each submission on its merits with a view to promoting both objectives and,where necessary,will determine the appropriate balance between them.The Proponent should, in all cases,verify the Municipality's site-specific design preferences during • the pre-submission consultation process before investing in a final design or site. Preferred Locations: When new Antenna Systems must be constructed,where technically feasible,the following locations are preferred: • Discouraged Locations . New Antenna Systems should avoid the following areas: • ATTACHMENT# 2- TO t6 • REPORT# PL.N 27-13 • 6.2 DEVELOPMENT AND DESIGN PREFERENCES Antenna Systems should be designed in terms of appearance and aesthetics to respect their immediate surroundings(e.g. Residential, parkland, Heritage district,etc.), including being un- obtrusive and inconspicuous, minimizing visual impact,avoiding disturbance to natural features, and reduce the need for future facilities in the same area,where appropriate.The Municipality's preferred design and development preferences are described below. • The Municipality will identify to the Proponent which of the following development and design preferences are encouraged in the proposed location. Style and Colour: Buffering and Screening: Structure: Height: • • Yards,Parking and Access: Equipment Cabinets in Public Spaces: Signage and Lighting: Rooftop Equipment: • • • • ATTACHMENT# 2- TO 17 REPORT # FL1J 27-13 • Section 7 PROPOSAL SUBMISSION For a proposed Antenna System,except for cases in which consultation is not required as per Section 4.2.1 or the Municipality has not requested consultation as per Section 4.2.2, the Proponent will submit to the Municipality an Antenna System siting proposal and the applicable fee. 7.1 PROPOSAL SUBMISSION REQUIREMENTS The Proponent must include the following information when submitting an Antenna System siting proposal: (1) A letter or report from the Proponent indicating the need for the proposal,the pro- posed site,the rationale for site selection,coverage and capacity of existing Antenna Systems in the general area and a summary of opportunities for Co-location potentials on existing or proposed Antenna Systems within 500 metres of the subject proposal; (2) Visual rendering(s)of the proposed Antenna System superimposed to scale; (3) A site plan showing the proposed development situated on the site; (4) A map showing the horizontal distance between the property boundary of the • proposed site and the nearest property in residential use; (5) For Antenna Systems requiring public consultation,a map showing all properties located within the Prescribed Distance from the proposed Antenna System:12 (6) Confirmation of legal ownership of the lands subject to the proposal,or a signed letter of authorization from the registered property owner of the land,their agent,or other person(s)having legal or equitable interest in the land; (7) An attestation that the Antenna System will respect Health Canada's Safety Code 6 which sets safe radiofrequency emission levels for these devices;and, (8) Any other documentation as identified by the Municipality following the site investigation meeting13 " The Proponent may request to use the Municipality's mapping system. " For example,in cases where the Proponent commits to a design that includes Co-location capacity,the Municipality may require the Proponent to verify that other Proponents in the area have been notified of the potential Co-location opportunities. ATTACHMENT# 2 TO 18 REPORT # Pi-N1 27—i3 • A determination on the completeness of an application or request for additional information will be provided within five working days of receipt of the proposal. Upon receipt of a complete proposal submission,the Municipality will circulate the proposal for review and comment to: (1) Affected Municipal Departments; - (2) Any adjacent Municipalities within the Prescribed Distance;4 and (3) The local Elected Municipal Official. 7.2 FEES • Remove reference to fees if not applicable to yourMunicipaliry. The Proponent must pay any applicable application fee to the Municipality. The Proponent is responsible for securing applicable applications or permissions from all relevant municipal departments and paying any applicable application fees or charges as required to the Municipality. • 14 As part of inter-municipal processes,the Municipality may also request that the Proponent notify adjacent Municipalities at greater distances,subject to review by the Municipality or at the request of the adjacent Municipality. . ATTACHMENT# TO TO 19 REPORT # _P�try 2--7•-i3 Section 8 r r � a v COSUL .fON , - , , PROCESS,. • BACKGROUND(TO BE REMOVED FROM FINAL PROTOCOL): Industry Canada believes that nearby residents should be consulted regarding non- excluded antenna proposals.Consultation allows the community to be involved and ultimately influences the proposal's siting. Discussions allow stakeholders to work towards a consensus. While Industry Canada provides a default public consultation process in the CPC, Municipalities are free to structure their public consultation process to meet their needs. Most often, Municipalities customize their public consultation process in two ways: • By prescribing which information must be included in the public notification; and • Requiring that either a face-to-face public consultation(i.e.open-house,drop-in or public meeting) process or a written (or other)consultation process take place. If the proposed Antenna System is not exempt from the public consultation process as per the requirements in Section 4,the Proponent will initiate the following public consultation process, including issuing notice,undertaking written consultation, hosting a public information session where required and reviewing the consultation results with the Municipality. 8.1 NOTICE RECIPIENTS After the Proponent has submitted an Antenna Systems siting proposal,the Proponent will give notice to: (1) All affected residential properties within the Prescribed Distance; (2) All Designated Community Associations within the Prescribed Distance. (3) Any adjacent municipalities within the Prescribed Distance; (4) The local Elected Municipal Official; (5) The Designated Municipal Officer;and (6) The Industry Canada regional office. 20 ATTACHMENT# 2 TO REPORT # P14y 2'7-13 Jt ;° L .�,� � #'M?. '°s f�n ,fit � es ?�a. .�',r Zr� �f �.� The Municipality will assist the Proponent in compiling a mailing list of addresses of the affected residences within the Prescribed Distance from the proposed Antenna System's The Municipality may charge a fee for this service. 8.2 NOTICE REQUIREMENTS The notice will be sent by regular mail or hand delivered,a minimum of 30 days before the public information session (where a public information session is required),and include: (1) Information on the location, height,type,design and colour of the proposed Antenna System; including a 21 cm x 28 cm (8D"x 11")size copy of the site plan submitted with the application; (2) The rationale, including height and location requirements,of the proposed Antenna System; (3) The name and contact information of a contact person for the Proponent; (4) The name and contact information of the Designated Municipal Officer; (5) An attestation that the Antenna System will respect Health Canada's Safety Code 6 which sets safe radiofrequency emission levels for these devices; (6) The date,time and location of the public information session where required;and (7) A deadline date for receipt by the Proponent of public responses to the proposal. a. Where a public information session is required,the deadline date must be no more than five days before the date of the session. b. Where a public information session is not required,the deadline date must be at least 30 days after the notices are mailed. The notification shall be sent out in an envelope addressed to the "Occupant"and shall clearly show in bold type on the face of the envelope the statement: "NOTICE FOR RESIDENTS WITHIN.[INSERT PRESCRIBED DISTANCE] OF A NEW PROPOSED CELL TOWER. INFORMATION IS ENCLOSED." 15 Notices may be delivered to a condo/strata corporation instead of to each unit owner. 21 ATTACHMENT#_ 2- TO REPORT # PI-t.2 7-�3 The Municipality may also require the Proponent, based on local conditions such as a high proportion of rental accommodation in the vicinity of the site,to provide such additional forms of notice as deemed necessary.Additional notification requirements will be identified by the • Municipality during or following the site investigation meeting. Other forms of notification may include, but are not limited to: • A large format notice board sign or signs,posted on the site of the proposed Antenna System, that is clearly visible from any roadway abutting the site; • Publication of the notice in a local newspaper(s);and/or, • Hand delivery of notices to specified buildings. 8.3 WRITTEN CONSULTATION PROCESS Following the delivery of the notification,the Proponent will allow the public to submit written comments or concerns about the proposal. The Proponent will: ' (1) Provide the public at least 30 days to submit questions,comments or concerns about the proposal; (2) Respond to all questions,comments and concerns in a timely manner(no more than 60 days from the date of receipt);and • (3) Allow the party to reply to the Proponent's response(providing at least 21 days for public reply comments). • (4) Keep a record of all correspondence that occurred during the written consultation process.This includes records of any agreements that may have been reached and/or any concerns that remain outstanding. (5) Provide a copy of all written correspondence to the Municipality and the regional Industry Canada office. • • ATTACHMENT.# 2— TO 22 REPORT # PLN 27-13 8.4 PUBLIC INFORMATION SESSION The municipality may request the Proponent chair a public information session in cases where there is significant public interest in the proposed Antenna System.The type of public meeting to be conducted (open house,drop-in or town hall format) is up to the discretion of the Proponent, however: •• An appropriate date,time and location for the public information session will be determined in consultation with the Designated Municipal Officer. • The Proponent will make available at the public information session an appropriate visual display of the proposal, including a copy of the site plan submitted with the application and an aerial photograph of the proposed site. The Proponent will provide the Municipality with a package summarizing the results of the public information session containing at a minimum,the following: (1) List of attendees, including names,addresses and phone numbers (where provided voluntarily); (2) Copies of all letters and other written communications received;and (3) A letter of response from the Proponent outlining how all the concerns and issues raised by the public were addressed. 8.5 POST CONSULTATION REVIEW The Municipality and the Proponent will communicate following completion of the public consultation process(and arrange a meeting at the Municipality's request)to discuss the results and next steps in the process. Ar TTA h NiEfdT#_ 2- TO 23 REPORT # 27-13 Section 9 I I STATEMENT OF CONCURRENCE OR NON -CONCURRENCE 9.1 CONCURRENCE AND CONCURRENCE WITH CONDITIONS The Municipality will provide a letter of concurrence to Industry Canada (copying the Proponent)where the proposal addresses,to the satisfaction of the Municipality,the requirements as set out within this Protocol and the Municipality's technical requirements, and will include conditions of concurrence, if required16 The Municipality will issue the letter of concurrence within the timeframe established in Section 10. 9.2 NON-CONCURRENCE • The Municipality will provide a letter of non-concurrence to Industry Canada(copying the Proponent) if the proposal does not conform to Municipality requirements as set out within this Protocol.The Municipality will also forward to Industry Canada any comments on outstanding issues, including those raised during the public consultation process. The Municipality will issue the letter of non-concurrence within the timeframe established in Section 10. 9.3 RESCINDING A CONCURRENCE . The Municipality may rescind its concurrence if following the issuance of a concurrence, it is determined by the Municipality that the proposal contains a misrepresentation or a failure to disclose all the pertinent information regarding the proposal,or the plans and conditions upon which the concurrence was issued in writing have not been complied with,and a resolution cannot be reached to correct the issue. In such cases, the Municipality will provide notification in writing to the Proponent and to Industry Canada and will include the reason(s)for the rescinding of its concurrence. 's The Municipality may,on case-by-case basis,include in writing specific conditions of concurrence such as design, screening or Co-location commitments. ATTACHMENT# 2-- TO 24 REPORT # PLIy 2?-13 9.4 DURATION OF CONCURRENCE A concurrence remains in effect for a maximum period of three years from the date it was issued by the Municipality. If construction has not commenced within this time period the concurrence expires and a new submission and review process, including public consultation as applicable, is necessary prior to any construction occurring" In addition,if construction has not commenced after two years from the date the concurrence was issued,the Municipality requests that the Proponent send a written notification of an intent to construct to the Designated Municipal Officer,the Elected Municipal Official and any Desig- nated Community Association once the work to erect the structure is about to start.This notifi- cation should be sent 60 days prior to any construction commencing. No further consultation or notification by the Proponent is required. 9.5 TRANSFER OF CONCURRENCE Once concurrence has been issued,that concurrence may be transferred from the original Proponent to another Proponent(the current Proponent)without the need for further consultation provided that: (1) All information gathered by the original Proponent in support of obtaining the concurrence from the Municipality is transferred to the current Proponent; (2) The structure for which concurrence was issued to the original Proponent is what the current Proponent builds;and (3) Construction of the structure is commenced within the Duration of Concurrence period. " For the purpose of this Protocol,construction will be deemed by the Municipality to have commenced when the preparation of a base for an antenna structure has been physically initiated or an existing structure is about to be altered in any way in preparation of an increase in height to that structure. ATTACHMENT# 2- TO 25 REPORT # Section 10 CONSULTATION PROCESS TIMEFRAME Consultation with the Municipality is to be completed within 60 days of the'proposal being accepted as complete by the Municipality as explained in Section 7 of this Protocol. Where public consultation is required,consultation with the Municipality and public consultation are both to be completed within 120 days of the proposal being accepted as complete by the Municipality. The Municipality or Proponent may request an extension to the consultation process timeline. This extension must be mutually agreed on by both parties. • In the event that the consultation process is not completed in 270 days,the Proponent will be responsible for receiving an extension from the Municipality or reinitiating the consultation process to the extent requested by the Municipality. • ATTACHMENT# 2- TO 26 REPORT # PLS 2-7-13 Section 11 ; � LETTER OF UNDERTAKING The Proponent may be required, if requested by the Municipality,to provide.a Letter of Undertaking,which may include the following requirements: (1) The posting of a security for the construction of any proposed fencing,screening and landscaping; (2) A commitment to accommodate other communication providers on the Antenna System,where feasible,subject to the usual commercial terms and Industry Canada Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements(CPC-2-0-17);and (3) All conditions identified in the letter of concurrence. • ATTACHMENT# - TO 27 REPORT # p1-N 27-13 Section 12 REDUNDANT ANTENNA SYSTEM Municipalities can issue a request to network operators 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. _ Where the network operators concur that an Antenna System is redundant,the network operator and 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. • ATTACHMENT# 2- TO REPORT # : PLf3 Z7--1 28 • • 11 _. `t`Jfl)Jy{/''1}11{.��/)��(\/y U- V P PEN D 'V,{/ 1],� , „ „ „ ,„ Industry Canada's Guide to Assist Land-use Authorities in Developing Antenna Siting Protocols suggests that protocols can include promoting the placement of antennas in optimal locations from a land-use point of view,18 or excluding certain lands and rooftops from protocol requirements. The protocol should identify areas of historic,cultural or environmental importance to the community and the need to minimize the impact of the proposal on these areas,and identify local preferences for antenna siting. In particular,the Municipality should define Community Sensitive Areas in which the siting of new Antenna Systems is discouraged,as may be defined in local zoning bylaws or community plans. Industry Canada also requires Proponents to use existing antenna towers or infrastructure(such as rooftops,water towers,etc.)where possible,and the Municipality may wish to provide guidance as to its own preferences regarding Co-location. Suggestions for specific location and design guidelines that have been identified as best practices from other Municipality protocols,and can be used to customize Section 6 of your protocol,are provided below as a reference point. • • 'a The land-use compatibility of Antenna Systems may be guided by municipal plans,design bylaws,relevant planning work(i.e.neighbourhood plans and antenna site pre-selection studies)and/or any other municipal guiding document or policy. • Al TACK1ENT# TO TO 29 REPORT # ,PLi 27-13 LOCATION • Preferred Locations: • Areas that maximize the distance from Residential Areas. • Industrial and commercial areas. • Mounted on buildings or existing structures within the downtown area. • Areas that respect public views and vistas of important natural or manmade features. • • Agricultural areas. • • • Transportation and utility corridors. • As near as possible to similarly-scaled structures. • • Institutional uses where appropriate, including, but not limited to,those institutions that require telecommunications technology:emergency services,hospitals,colleges and universities. • Adjacent to parks,green spaces and golf courses. • Located in a manner that does not adversely impact view corridors. • Other non-Residential Areas where appropriate. • Discouraged Locations • Locations directly in front of doors,windows, balconies or residential frontages. • Ecologically significant natural lands. • Riverbank lands. • Inappropriate sites located within Parks and Open Space Areas(with the exception of sites zoned to permit utilities and/or unless designed to interact with the area's character). • Sites of topographical prominence. • Heritage areas(unless visibly unobtrusive)or on heritage structures unless it forms . an integrated part of the structure's overall design(i.e.through the use of stealth structures). • • Pitched roofs. • Community Sensitive Locations(as may be defined by the Municipality prior to being included in this Protocol). • ATTACHfv9EWT# 2- TO 30 REPORT # Pt N 27-!3 • DEVELOPMENT AND DESIGN PREFERENCES • Style and Colour: • The architectural style of the Antenna System should be.compatible with the surrounding neighbourhood and adjacent uses(Example: monopole near Residential Area or lattice-style in industrial areas). • In all instances the Proponent should mitigate negative visual impacts through the use of appropriate landscaping,screening,stealth design techniques,etc. • An Antenna System may be designed or combined as a landmark feature to resemble features found in the area,such as a flagpole or clock tower,where appropriate,subject • to any zoning approvals required for the landmark feature. • In the downtown area,the design of Antenna Systems should generally be unobtrusive and consistent with Downtown Design Guidelines. • Towers and communication equipment should have a non-reflective surface. • Special design treatments should be applied to Antenna Systems proposed to be located within parks and open space areas or on listed Heritage buildings and/or sites to make the system unobtrusive. • Cable trays should generally not be run up the exterior faces of buildings. • Antennas that extend above the top of a supporting utility pole or light standard should appear(e.g. in colour,shape and size)to be a natural extension of the pole. Buffering and Screening: • Antenna Systems and associated equipment shelters should be attractively designed or screened and concealed from ground level or other public views to mitigate visual impacts.Screening could include using existing vegetation, landscaping,fencing,or other means in order to blend with the built and natural environments. • A mix of deciduous and coniferous trees is preferred to provide year-round coverage. • Where adjacent to a principal building,equipment shelters should be constructed of a material similar in appearance to at least one of the materials used in the facades of the principal building and one of the same colours used in the principal building. • • ATTAC-i EWT# 2- TO 31 RE 13 PORT # P�iS 27. • • Structure: • Single operator loaded towers(i.e., monopoles)are generally unobtrusive and of low impact and may therefore be located near living areas. • New structures in residential or high-traffic areas should consider multi-use design (street lighting,electric vehicle charging, parking payment terminals,signage, Wi-Fi etc.). • Individual wall-mounted antennas should be fixed as close to the wall as possible and should not project above the height of the wall face they are mounted on, in order to avoid visual clutter,and should be painted to match the wall colour for stealth. • Facilities located on rooftops should be not be visible(to the extent possible)from the street. • The appropriate type of telecommunication antenna structure for each situation should be selected based upon the goal of making best efforts to blend with the nearby surroundings and minimize the visual aesthetic impacts of the telecommunication antenna structure on the community. • Pinwheel telecommunication antennas are discouraged (or encouraged). • The use of guy wires and cables to steady,support or reinforce a tower is discouraged(or encouraged). Height: • The Municipality prefers that Freestanding Antenna Systems be a maximum of [TO BE DETERMINED BY THE Municipality] in height, except in industrial areas.19 • Height for a Freestanding Antenna System must be measured from grade to the highest point on the structure, including lighting and supporting structures. • Where Building/Structure-Mounted Antenna Systems will exceed 25%of the height of the existing building,the Municipality prefers that the height not exceed [TO BE DETERMINED BY THE Municipality] measured from the top of the roof or [TO BE DETERMINED BY THE Municipality]above the highest point of the elevator penthouse,whichever is higher. Yards,Parking and Access: • Adequate yards,to be determined on a site-by-site basis,should separate Antenna Systems from adjacent development without unduly affecting the development potential of the lot over the lease period. • 19 The Municipality may require Proponents to take out a newspaper notice for Freestanding Antenna Systems that are more than 30 metres in height,in addition to the public notification requirements listed in Section 8. • ATTACHMENT# TO REPORT # 9.414 27 i�j 32 • e a Yx t�3 r. a "�"- '+' ''": mot' b '":�c Y i n E-4•-INK i ice,.; • Parking spaces,where provided at each new Antenna System site,should have direct access to a public right-of-way at a private approach that does not unduly interfere with traffic flow or create safety hazards. Equipment Cabinets in Public Spaces": • Cabinets shall be designed in a manner which integrates them into their surroundings, • including use of decorative wraps that are graffiti-resistant. • Cabinet dimensions shall be as minimal as possible. • Cables and wires must be concealed or covered. Signage and Lighting: • Small owner identification signs up to a maximum of 0.19 square metres may be posted on Antenna Systems and associated equipment shelters or perimeter fencing. • No advertising sign or logo is permitted. • Appropriate signage may also be used as part of screening or disguise.21 • Unless specifically required by Transport Canada and/or NAV Canada,the display of any lighting is discouraged. • Where Transport Canada and/or NAV Canada requires a structure to be lit,the lighting should be limited to the minimum number of lights and the lowest illumination allow- able,and any required strobe lightning should be set to the maximum strobe interval allowed by Transport Canada. • The lighting of Antenna Systems and associated equipment shelters for security purposes is supportable provided it is shielded from adjacent residential properties, is kept to a minimum number of lights and illumination intensity,where possible, is provided by a motion detector or similar system. Rooftop Equipment: • Equipment shelters located on the roof of a building should be set back from the roof edge to the greatest extent possible,and painted to match the penthouse/building. 20 This section is intended to apply to mechanical equipment cabinets that are located in public spaces(e.g.at the bottom of a utility pole)and do not apply to cabinets that are located inside fenced in areas(e.g.in industrial areas or on rooftops). • Municipality concurrence under this protocol does not include approval for associated signage.Proponents are required to obtain any necessary approvals for signage through the Municipality's development process or sign by-law as applicable. ATTACHMENT REPORT # Pt.N 27--a Excerpt from April 18, 2011 Council Minutes Resolution #87/11 Moved by Councillor O'Connell • Seconded by Councillor Ashe WHEREAS the City of Pickering was recently informed that Industry Canada has • approved a cell phone tower at 1820 Whites Road, Amber lea Presbyterian Church without any consultation with the City of Pickering; and • WHEREAS the Federal Government through Industry Canada, refuses to recognize the important role that municipalities play in regards to local land use matters and specifically where cell phone towers may be situated; and WHEREAS local residents residing in the Amberlea/Foxhollow Neighbourhood are outraged, having become aware.through 3 • party information that such an intrusion can be erected in a residential community; NOW THEREFORE BE IT RESOLVED that the Federal Government through Industry Canada be advised that the City of Pickering objects to the installation of a cell phone tower at 1820.Whites Road and that they reverse its approval and • enter into discussions with the City of Pickering in order to find a more appropriate • location; AND FURTHER that the Federal Government be required to amend their policies. • and procedures for the approval of cell phone and radio towers to allow for local municipalities consultation on all applications*and to not approve applications objected to by the local municipality; AND FURTHER that consultation takes place through the Federation of • Municipalities on establishing guidelines to assist Industry Canada in setting criteria that can be used by municipalities to assess each application submitted for towers; AND that a copy of this motion be forwarded to FCM to be included for endorsement at its annual meeting AND that copies of this resolution be sent to Dan McTeague, MP for Pickering/Scarborough East, the Honourable Tony Clement, Minister of Industry. and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote • • • ATTACHMENT#-TO REPORT # PL-Ni 27-13 Excerpt from May 16th, 2011 Council Meeting Minutes Resolution #102/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS On April 18, 2011 the Council for the Corporation of the City of Pickering formally opposed the installation of a communications tower at 1820 Whites Road in the City of Pickering; and WHEREAS hundreds of area residents have signed a petition objecting to the installation of a communications tower at 1820 Whites Road and other City locations; WHEREAS the City of Pickering received a response from Industry Canada in regards to our request to relocate the proposed communications tower at 1820 Whites Road and have ordered all communication tower installations cease on this site until Industry Canada can. review this matter; NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering requests the Government of Canada cease further consideration of communication towers in any residential area of Pickering in order to commence discussions with the City of Pickering to establish criteria based on mutual respect • for all matters pertaining to land use in the City of Pickering for the installation of communication towers throughout our community. AND THAT a copy of this resolution be sent to Durham Regional Council, Corneliu Chisu, MP Elect for Pickering/Scarborough East, Chris Alexander, MP Elect Ajax Pickering, the Honourable Tony Clement, Minister of Industry and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote • •