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
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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
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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
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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
•
•