Staff Report for Committee of the Whole Meeting

Transcription

1 Agenda Item 4 Staff Report for Committee of the Whole Meeting Department: Division: Environment and Infrastructure Services Asset Management Services Division Subject: Third Party Placement of Cell Towers/Antennas on Town- Owned Land and Buildings Purpose: Third party cellular providers have approached the Town of Richmond Hill requesting the placement of their equipment on Town-owned land and buildings. This report provides information and options on proceeding and outlines a potential approach to dealing with such requests. Recommendation(s): a) That the Town s Public Consultation Protocol for Radiocommunication and Broadcasting Antenna Systems be revised to specifically allow for applications by third party cellular providers to request the placement of cellular equipment on Town-owned land and/or buildings; b) That the fees for the placement of cell towers/antennas on Town-owned property as set out in staff report SREIS be approved and be included as part of the Town s Tariff of Fees by-law and reviewed on an annual basis; c) That the attached Cell Towers/Antennas on Town-Owned Property Policy (Appendix B) and Procedure (Appendix C) which sets out the application and review process for third party requests be approved; d) That the authority to review and approve applications involving Town-owned property so they may proceed through the public consultation process as set out in the Town s protocol be delegated to the Commissioner of Environment and Infrastructure Services or his or her designate and that this delegation include the authority to: 1. Establish site-specific licensing terms; and 2. Authorize the entry and execution by the Mayor and Clerk of licensing agreements for cellular equipment on Town property once approved by Industry Canada. 31

2 Page 2 Contact Person: Steve Fick, Director of Design and Construction, Extension, 3501 Pat Caron, Director of Asset Management Services, Extension 2403 David Dexter, Acting Commissioner of Corporate and Financial Services / Treasurer, Extension 3656 Andreea Adari, Assistant Town Solicitor, Extension 3820 Tricia Myatt, Manager of Policy and Intergovernmental Affairs, Extension 5463 Submitted by: "Signed version on file in the Office of the Clerk" Italo Brutto Commissioner of Environment and Infrastructure Services Approved by: "Signed version on file in the Office of the Clerk" Neil Garbe Chief Administrative Officer 32

3 Page 3 Background: The Town is being approached by third party cellular service providers with requests to locate cell towers/antennas on Town-owned property. At present, the Town does not have an explicit policy on this matter and therefore there is no direction on how requests by third party providers should be processed. However any applications of this nature would be required to follow the Town s Public Consultation Protocol for Radiocommunication and Broadcasting Antenna Systems. The purpose of this report is to provide information on the use of municipal buildings and lands by third parties for cell towers/antennas and to present options and recommendations for proceeding with third party requests. Current Third Party Arrangements The Town currently has one building with third party antennas located on it. Bell Cellular entered into an agreement in 1990, with the former owners of 225 East Beaver Creek Road (Captain Developments Ltd.), to house antennas on the roof of the building along with a 500 square foot equipment room in the basement. This lease was assigned to the Town when it became the owner of 225 East Beaver Creek and has been renewed up to November 30, Other Wireless Antennas on Town Property In order to allow for effective communications for Town operations, the Town has 4 wireless antennas located at the following Town facilities: Bayview Hill Community Centre communicates to Operations Elgin West Community Centre communicates to Operations Richmond Green communicates to Operations Operations Centre. In addition, Fire Services has an antenna on the roof of an apartment building at Yonge and Crosby (39/41 Crosby Avenue) for its purposes. There are also paging frequency towers on Fire Station 8-1 (Major Mackenzie) and micro links to Fire Station 8-1as part of the Region s Police/Fire communications link for our dispatch centre. Radiocommunications and Broadcasting Federal Jurisdiction The regulation of radiocommunications and broadcasting, including the location of cell towers/antennas is solely within federal jurisdiction. Only the Federal Ministry of Industry has authority under the Radio-Communication Act, to issue radio authorizations (i.e. what companies may offer these services), to approve each site on which antenna systems are to be installed and to approve the erection of all masts, towers and other antenna-supporting structures. 33

4 Page 4 The role of municipal governments is limited to assisting with the public consultation process and providing comment on a potential application for cell towers/antennas from a land use planning perspective. On February 5, 2014, Industry Canada changed its policy regarding public consultation requirements. The policy now requires consultation with communities for all commercial tower installations regardless of height. Council, at its March 24, 2014 meeting directed staff to report back to Council with updates to the Town s protocol that reflect these changes. Staff report SRPRS presented revisions to the Town s protocol to address the revised Industry Canada policy and other administrative/process refinements. These updates were approved by Council on June 21, Richmond Hill s Application Process In order to be effective participants in this process, Richmond Hill has a Public Consultation Protocol for Radiocommunication and Broadcasting Antenna Systems. It sets out the required public consultation process that must be followed by third party providers considering locating a cell tower/antenna in Richmond Hill. More specifically, the objectives of the Town s protocol are to: designate contacts within the Town for receiving, reviewing and providing comments to proponents constructing antenna systems; establish clear and concise proposal submission and public consultation requirements; encourage the location of new antenna systems in a manner that respects the natural features, landscapes and significant sight-lines in the Town; encourage the location of new antenna systems at desirable distances from residential and institutional uses whenever technically possible and feasible; encourage the location of new antenna systems in a manner that provides for a high level of service whenever possible and in keeping with the objectives of the Town s protocol; encourage proponents to explore alternatives such as co-location wherever possible and appropriate; and provide a forum that will inform the public as to the intentions of radiocommunication and broadcasting service providers in their community. The Town s current protocol is silent on the issue of locating communication towers/antennas on Town-owned land and buildings. However, any application, including those where a third party provider wishes to place cell towers/antennas on Town-owned land or buildings would be required to follow this established protocol. Applications under this protocol are submitted to the Planning and Regulatory Services Department for review. Applicants must participate in a pre-meeting with Town staff prior to making a submission to obtain a full understanding of the requirements of the application process. Applicants must submit a completed form which includes specific 34

5 Page 5 detail regarding the location and nature of the cell tower/antenna(s) being proposed. They must complete all public consultation required under the protocol prior to the application being considered by Council. All required fees must also be paid. Richmond Hill s application fee for cellular communications facilities is $1, as set out in the 2016 Tariff of Fees By-law. The Town reviews applications it receives against our Official Plan, Zoning By-law provisions and general land use planning matters that are applicable to the subject lands. This can include: How the antenna system s physical dimensions, including the antenna, mast and tower compare 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 due to a unique land use planning issue; and Whether the Transport Canada markings and lighting requirements present a unique land use planning conflict. It should be noted that the Ontario Building Code, which the Town supports through the building permit process, is not intended to regulate communications towers or antennas. However, a building permit is required: For the material alteration to a building that occurs when an antenna system is to be located on the roof of an existing building; For the construction of or material alteration to buildings associated with an antenna system; and/or For the design and construction of a ground-based antenna system structure e.g. the foundation for a structure. Any required building permit fees would be in addition to the cell tower/antenna application fees. Approach to Having Communication Towers/Antennas on Municipal Property in Other Municipalities The location of cell towers/antennas is often a controversial issue when brought before municipal Councils. The public is concerned about a range of issues including health impacts related to these facilities, environmental concerns and the impact on property values. As a result, many municipalities have adopted protocols to address the public consultation required for proponents who wish to locate these facilities in their municipalities. At the same time, municipalities are making it clear that they do not have any jurisdiction over the location of these facilities on private property as it is within federal jurisdiction. 35

6 Page 6 Public consultation under a municipal protocol may not address issues which are federally regulated such as health concerns, however, a municipality may seek clarification as to how the proponent is addressing these issues, such as how they are meeting Health Canada s public radio frequency exposure guidelines, known as Safety Code 6. Most municipalities have followed Industry Canada s Guide to Assist Land-use Authorities in Developing Antenna Siting Protocols. They have also been guided by FCM s Antenna System Siting Protocol Template. The main aspect municipalities vary in their protocols is in the area of people required to receive notice when a proposal for a cell tower/antenna is being considered. Municipalities also set out the specific nature of the notice required including appropriate wording, size of signage etc. In addition, some municipalities include in their protocols the issue of locating cell towers/antennas on municipal property or buildings. The following chart provides an overview of municipalities that have protocols and whether or not they address the issue of locating cell towers/antennas on municipal land or buildings. Table 1 Benchmarking Information on Municipal Protocols If you require an alternative format for the following table please call one of the contact persons listed in this staff report. Municipality Have General Public Consultation Protocol Application Fee Protocol Speaks to Possible Location on Municipal Property Have Standard Leasing Agreement for locating on Municipal Property (Lease Fees if known) Currently have Cell Towers / Antennas on Municipal Property (approximate number) Richmond Hill Yes $1,683 No No* Yes (6)** Aurora Yes $7,820 Yes No No+ Barrie Yes $3,020 Yes Yes Yes (1) Hamilton Yes $1,130 Yes Yes Yes (10) ($15,000 to $35,000 per year) King Township Yes $810.50# No No No Markham Yes $12,870 Yes Yes Yes (1) ($18,000 per year) Mississauga Yes $4,280 to $5,350 Yes Yes ($18,000 per year) Yes (2) 36

7 Page 7 Municipality Have General Public Consultation Protocol Application Fee Protocol Speaks to Possible Location on Municipal Property Have Standard Leasing Agreement for locating on Municipal Property (Lease Fees if known) Currently have Cell Towers / Antennas on Municipal Property (approximate number) Oakville Yes $5,332 Yes No No Vaughan Yes $7,820 Yes Yes Yes (1) ($15,000 to $25,000 per year) Ottawa Yes $2,832 No Yes Yes (30) ($18,000 to $27,000 per year) York Region Yes $2,200 Yes Yes Yes (36) $840 to $13,100 per year) * Richmond Hill has a lease agreement with Bell Cellular for the telecommunications equipment located at 225 East Beaver Creek Road. ** Number includes both equipment for Town use as well as third party equipment at East Beaver Creek Road. + The Town of Aurora has recently entered into an agreement with Bell for the installation of small cell technology. #Applicant may have to go through a site plan approval process. If it is considered simple the fee is $ More information on how other municipalities regulate cell towers on municipal property may be found in Appendix A to staff report SREIS Proposed Options for Third Party Requests to Place Equipment on Town-Owned Property: There are three options proposed for dealing with the issue of third party cell towers/antennas on Town property and facilities: Option 1 Use existing protocol for all applicants including third party applicants for towers/antennas on Town-owned land and buildings; 37

8 Page 8 Option 2 - Update existing protocol to explicitly allow third parties to apply to the Town to place on Town land or buildings; Option 3 - Update existing protocol to explicitly indicate the Town will not consider third party requests to place cell towers/antennas on Town-owned land or buildings. The following sets out the pros and cons of each of these options for consideration. Option 1. Use existing protocol for all applicants including third party applicants for towers/antennas on Town-owned land and buildings. Pros: Existing protocol is clear and understood by third party applicants. The process for third party applicants requesting to place equipment on Townowned land and buildings would be the same as all other cell tower/antenna applicants. Allows for the opportunity for potential revenues from third party telecommunications providers locating equipment on Town-owned land and buildings. Cons: By not explicitly stating cell towers/antennas may be considered on Town-owned land and buildings, revenues related to leasing this space to third parties may not be realized. Some members of the public may oppose the locating of telecommunications towers/antennas on Town-owned land and buildings as they have concerns related to the impact on people s health with respect to exposure to these structures. There is no formal Council policy on the acceptance/approval of third party requests to place equipment on Town-owned lands. Option 2. Update Richmond Hill s existing Public Consultation Protocol for Radiocommunication and Broadcasting Antenna Systems to explicitly allow proponents to apply to the Town to place telecommunications towers/antennas on Town-owned land or buildings. Pros: Having an explicit statement provides clarity for the telecommunications industry, the public and staff. Allowing third party providers with the possibility of placing telecommunications towers/antennas on Town land and buildings provides flexibility and increases the overall siting options available. Allowing third party providers to place equipment on Town-owned land or buildings may result in additional revenues. 38

9 Page 9 Cons: Having a policy that allows telecommunications towers/antennas on Town-owned land or buildings may make it difficult to refuse such a request. Some members of the public may oppose the locating of telecommunications towers/antennas on Town-owned land and buildings as they have concerns related to the impact on people s health with respect to exposure to these structures. People who oppose the locating of telecommunications towers/antennas in townowned parks and open spaces would not support this approach. Option 3. Update Richmond Hill s existing Public Consultation Protocol for Radiocommunication and Broadcasting Antenna Systems to explicitly state that the Town will not consider applications from proponents to place telecommunication towers/antennas on Town-owned land or buildings. Pros: Having a policy provides clarity for the telecommunications industry, the public and staff. People who oppose the locating of telecommunications towers/antennas on townowned land and buildings will support this approach. Cons: Revenues related to leasing space to third parties for telecommunications towers/antennas on Town-owned land and buildings will not be realized. Limiting the number of telecommunications towers/antennas located in the Town may impact service levels for members of the public in receiving cell service. Limits flexibility and may eliminate potential sites that would have limited opposition. Proposed Approach It is proposed that the Town proceed with Option 2. Update the existing protocol explicitly allowing proponents to make an application to the Town to place telecommunications towers/antennas on Town-owned land and buildings. The existing protocol allows any third party to submit an application to the Town for locating cell towers/antennas on lands not owned by the applicant. Explicitly stating that this could include Town-owned property and facilities provides clarity to potential proponents. It also results in a consistent process for all applicants. The location of cell towers/antennas continues to be a controversial issue with the public. However, the demand for cellular services for both personal and professional purposes continues to expand. In order to allow for the greatest range of options for locating cellular towers/antennas, it is proposed that Richmond Hill consider 39

10 Page 10 applications from third party providers to locate their equipment on Town-owned land and buildings. Richmond Hill currently has five Town sites with telecommunications equipment for its own purposes and one third party site. As noted on Table 1, seven of the ten municipalities benchmarked have indicated they allow such installations to ensure adequate services for their residents. Installation of this equipment on municipal property serves as a new revenue source and an opportunity to use these third party towers and antennas to house required municipal equipment. Cell Towers/Antennas on Town Owned Property Policy and Procedure In order to implement this approach, in addition to amending the Town s Public Consultation Protocol for Radiocommunication and Broadcasting Antenna Systems as noted above, it is proposed that a Cell Towers/Antennas on Town-Owned Property Policy and a Cell Towers/Antennas on Town-Owned Property Procedure be put in place to specifically address issues with respect to these applications. Both the Policy and Procedure are attached for consideration as Appendices B and C respectively, to this report. The Policy sets out the principles for reviewing these types of applications, which are consistent with our current Protocol. It also sets out at a high level, the process applications related to Town-owned property will follow to determine whether the proposed location is appropriate for the community. The Procedure sets out this process in more detail. Specifically, the Commissioner of Environment and Infrastructure Services and EIS staff will be the lead in reviewing these applications, circulating them to the appropriate comment agencies and determining whether the proposed location is suitable. If the Commissioner of Environment and Infrastructure Services determines the site is not suitable the application will not proceed. If it is considered suitable, the application will then proceed to staff in Planning and Regulatory Services, as do all other cell tower applications, for public consultation and a report back to Council for final review and approval. In order to allow the Commissioner of Environment and Infrastructure Services to process these applications, it is recommended that Council delegate authority to the Commissioner or his designate to accept and sign-off on these applications as the land owner in those instances where the Commissioner feels the location being proposed would be suitable. This does not bind Council in any way, but allows the application to proceed following the Town s protocol, so all applications are reviewed in the same manner. Council will review the application as well as the public feedback when the report on the proposed application is brought forward for consideration and decision. Telecommunications Structure Licence Agreement In those instances where the Town agrees to the placement of cell tower/antennas on Town-owned property, the third party will be required to enter into a 40

11 Page 11 Telecommunications Structure Licence Agreement which sets out all terms and conditions with respect to the licence. More specifically, the agreement would set out the term of the licence, renewal requirements, insurance that needs to be in place, colocation conditions as well as a site access protocol to define when, how and who may access Town-owned property with respect this equipment. It will also set out the fee schedule for the term of the agreement including annual increases and penalties for non-payment. It is intended that the Commissioner of Environment and Infrastructure Services or his or her designate would determine the final terms of any agreement to allow for site-specific provisions. Fees for Placement of Cell Towers/Antennas on Town-owned Property Staff recommend that the application fee for requests related to Town-owned land be the same as any other application as the overall process to be followed is the same. That fee is currently set in the 2016 Tariff of Fees By-law at $ A re-application fee of $ will be charged for any application that has been dormant for 1 year or for owner initiated modifications or revisions to an application that was previously circulated for review and comment. After reviewing the licence fees charged in a range of municipalities and based on the current fee charged to the existing third party equipment located on the main Municipal Offices at East Beaver Creek, the following fees are proposed to be included in the Tariff of Fees by-law and reviewed on an annual basis: Each cell tower structure location be charged a site fee of $25,000; and An additional charge of $1,000 per antenna on the site. In instances where the third party provider has allowed others to place their equipment on their site, with Town approval as set out in the Licensing Agreement, the co-location fees would be: 30% of the site fee (or $7500 at the current rate); and An additional charge of $1,000 per antenna. It would be up to the third party provider who has the agreement with the Town to collect and submit all fees, including those of any co-locator, on annual basis at the start of each year. All fees, site, antenna and co-location, would be increased on an annual basis by 3% per year. This is the same rate of increase currently charged to the Town s agreement for the equipment located at East Beaver Creek. Penalties for late payments would be 1.25% per month on the principal amount, the same rate charged for other late payments at the Town. 41

12 Page 12 Financial/Staffing/Other Implications: There are no direct financial implications to this report. If the Town agrees to allow third party equipment on Town-owned facilities and property there is a possibility of additional revenues to the Town through additional application fees and licensing revenues. Existing staff resources would review any additional applications that may be received if this approach is approved. The volume of applications and time required to complete the review would be monitored to determine if there were any staffing implications or a need to amend the application and licensing fees. Relationship to the Strategic Plan: Considering whether or not to allow third party providers to place telecommunications towers/antennas on Town-owned facilities and property is in keeping with Strategic Plan goal four, wise management of resources. Council and staff are responsible for meeting the needs of our community and reviewing this issue provides an opportunity to determine if moving in this direction is appropriate. Conclusion: The Town of Richmond Hill currently has a protocol in place for processing applications for the placement of telecommunications towers/antennas within the municipality. The purpose of this protocol is to set out a process for reviewing these applications including required public notice. The Town also reviews these applications to determine if there are any specific land use planning issues. It is proposed that this protocol be revised to explicitly allow third party providers to request to place telecommunications towers/antennas on Town-owned property and facilities. The process for reviewing these applications related to Town-owned property would be set out in the Cell Towers/Antennas on Town-owned Property Policy and Procedure and mirrors the process required for all other cell tower/antenna applications. To protect the Town s interests, any specific conditions would be set out in the Telecommunications Structure License Agreement. The location of cell towers/antennas continues to be a controversial issue with the public, however, the demand for cellular services for both personal and professional purposes continues to expand. The consideration of third party providers placing equipment on Town-owned property would allow for the greatest range of options for locating cellular towers/antennas in Richmond Hill. Installation of this equipment on municipal property serves to capitalize on a new revenue source and an opportunity to use these third party towers and antennas to house required municipal equipment. 42

13 Page 13 Attachments: Appendix A to SREIS Municipal Benchmarking Other Municipal Approaches to the Issue of Cell Towers on Municipal Property Appendix B to SREIS Cell Towers/Antennas on Town-Owned Property Policy Appendix C to SREIS Cell Towers/Antennas on Town-Owned Property Procedure The following attached documents may include scanned images of appendices, maps and photographs. If you require an alternative format please call one of the contact persons listed in this staff report. 43

14 Page 14 Appendix A to SREIS Municipal Benchmarking Other Municipal Approaches to the Issue of Cell Towers on Municipal Property Town of Aurora The Town of Aurora s Telecommunication Tower/Antenna Facilities Protocol explicitly allows for the consideration of Town-owned property for communications towers/antennas. It states, In selecting a site for a new tower, the following shall be considered: o The availability of Town-owned land to accommodate the proposal. o Property and/or infrastructure owned by the Town that meets the proponent s network objectives, subject to standard industry financial compensation arrangements The Town charges an application/commenting fee of $ per application. As of October 2016, the Town of Aurora does not have any telecommunications facilities on Town-owned property. In September 2016 the Town entered into an agreement with Bell to install small cell technology in the community. This will improve mobile data coverage in certain areas of the Town without the need for a traditional cellular tower. The small cell agreement with Bell is a pilot project. Staff anticipate two installations on Town property: at the Town Hall and Joint Operations Centre. City of Barrie The City of Barrie s Protocol for Consideration of Telecommunication Facilities Applications speaks to the issue of siting such facilities on City-owned lands. It states, Any request to install a facility on lands owned by the City shall be made to the City, in accordance with City policy. A formal application for approval shall be required in accordance with Section 4.0 of this protocol. The City charges a fee of $3, for any application to be considered under this protocol. The City does currently have one third party provider tower on City-owned lands. It includes communications equipment of the City along with that of the third party provider. The third party provider pays rent to use the lands and the City pays maintenance fees for its equipment on the tower. 44

15 Page 15 City of Hamilton The City of Hamilton s Telecommunication Tower and Antenna Protocol speaks to requests to install communications facilities on City-owned lands as follows: Any request to install a telecommunication facility on City-owned lands shall be reviewed in accordance with the Procedure for the Installation of Broadcasting Facilities on City of Hamilton Properties. This procedure requires any such request to be submitted to the Corporate Buildings and Real Estate Division of the Community Services Department for consideration. The proposal is provided to the ward Councillor for information and to the host department (the department under whose jurisdiction, the site falls), for review. The host department undertakes a technical review of the proposal and may require adjustments to the submission or the meeting of certain conditions in order to grant approval. Conditions could include the requirement for space on the structure for City communications equipment that may be required in the future, annual inspections and the requirement for a proponent to provide a survey of the subject location if it is to be a free standing structure. If it is determined that the site is acceptable, a licence agreement will be entered into between the proponent and the City including all required fees and conditions. This includes the proponent being responsible for all operating costs, utilities and property taxes in addition to the rent for the site. An administration fee of $1, is charged per application. When the application is on City property and an agreement to place the equipment on the City s property has been reached, a one-time administrative fee of $ is charged. The City s protocol states the one-time administrative fee plus the annual fees will be credited to the host department. It should be noted that CityHousing Hamilton also has licenses/leases for cell towers on their properties. King Township At present, King Township has a telecommunications protocol but does not have a policy for the siting of telecommunications towers/antennas on Township property or buildings. As a result they do not have a standard agreement. Applications under the protocol may have to go through a site plan approval process. The fees for a simple site plan approval are $ King Township has been approached by Rogers Communications Inc. to determine if the Township would be willing to host a tower at the Trisan Centre located at 25 Dillane Drive in Schomberg. A report to King Council on August 26, 2013 (PRC ) recommended that Council approve in principle this site. In addition, it indicated that Rogers will be undertaking soil and fill testing of the site as well as undertaking the required land use consultation process identified in the Township s Telecommunications 45

16 Page 16 Protocol. The report goes on to state that this site would improve service to this part of King and could result in annual revenues to the Township of between $18,000 to $20,000 for a twenty year period. As of October 2016, the Trisan Centre tower was not yet installed. City of Markham The City of Markham s Policy for Establishing Telecommunication Facilities includes specific provisions for proponents wishing to have a site on City-owned property. The policy states, Telecommunication facility proposals on City-owned lands/facilities will require an internal municipal review and endorsement by the Development Services Committee. In addition, lease agreements will be required to be executed as a final step in the approval process, to the satisfaction of the Chief Administrative Officer and City Solicitor. Where Public Consultation is not required, as per this policy, the City shall apply its best efforts to finalize the site plan application review process as soon as possible. Discussions with staff have indicated that they have leased space to a third party provider for a cell tower/antenna on one City facility, the Fire Hall on Birchmount Road. The lease rate is approximately $18, per year and the carrier paid a one-time signing fee of $5, Discussions to date to increase the rental rates to approximately $30,000 per site per year have been unsuccessful. A review of City documents indicates that applications for cell towers/antennas are handled under the site plan application process and have a fee of $12, per application. City of Mississauga The City of Mississauga s Telecommunication Tower/Antenna Facilities Protocol includes specific provisions for proponents wishing to have a site on City-owned property. It reads as follows, Any request to install a tower facility on lands owned by the City shall be made to the Director (Director, Development and Design Division, Planning and Building Department) (or designate). Proponents must still submit a formal request to the Land Use Authority in accordance with Section 8 of this protocol and follow the public consultation process in accordance with Section 9 of this protocol, unless the proposal meets the exclusion criteria under Section 4 of this protocol. Notwithstanding the public consultation requirements outlined in Section 9 of this protocol, the Director (or designate) may identify the need to amend the content of the public notification requirements accordingly. Discussions with staff have indicated that the City has established an internal working group to review third party requests. It is comprised of staff from impacted departments depending on the proposed location. Once staff has reviewed the submission, it is 46

17 Page 17 provided to the ward councilor for review and if there is no objection, public consultation is held. If there continues to be agreement in proceeding, the City s Realty Services group prepares a licensing agreement. Application fees for processing applications under the City s protocol were recently increased. For applications where a public information session is required, the fee is $5, If no public information session is required the fee is $4, Telecommunication tower/antenna facilities that are excluded from the requirement to submit a tower application must still apply for a notice of exclusion at a cost of $ per notice. The average annual rent per tower is $18, For companies co-locating on an existing tower, there are charges of $5, per year. Additionally, the telecommunications provider gives a one-time contribution that is used to improve the area where the tower is being located (e.g. a play structure in a nearby park). Staff indicated that there are currently two towers/antennas located on City property. One is in a right of way and one is on the Hershey Centre. Town of Oakville The Town of Oakville s Interim Radiocommunications Facilities Protocol includes the following provision with respect to locating communications towers/antennas on Townowned properties. Any request to install a radiocommunications facility on lands owned by the Town shall be made to the Manager of Realty Services, in accordance with Town policy and subject to Council approval. At present, the Town of Oakville has not been approached to have a third party cell tower/antenna on Town property. Discussions with staff indicated that Oakville s requirement that cell towers/antennas be 200 metres away from development would likely prevent any equipment being placed in Town property or buildings. If the Town did receive a request for the placement of a tower/antenna on Town property it would be reviewed by Council. If an agreement was reached, the Town would develop a standard lease agreement to address any issues. The application fee under the Town of Oakville protocol is $5, per application. City of Ottawa The City of Ottawa has a Municipal Concurrence and Public Consultation Process for Antenna Systems Policy that addresses land use issues with respect to residential as well as other types of antennas and towers. It sets out the public consultation requirements and process for submitting an application related to these antennas and towers. The policy is silent on the issue of siting towers/antennas on City-owned property. City staff has indicated that the policy was written this way as the issue of who 47

18 Page 18 owns the land should not be a factor in assessing potential land use impacts. The City charges a $2, application fee for review under this policy. There are currently approximately 30 sites with third party cell towers/antennas on Cityowned property. In many instances, City equipment is also housed on these structures. Rates charged range from $18, to $27, per year depending on the nature of the site and location. For companies co-locating on an existing tower, there are charges of $10, per year. In each instance a legal agreement is entered into with the third party. These can relate to a license of occupancy for roof top antennas, land leases or licenses of occupancy for fiber use. City of Vaughan The City of Vaughan s 2003 Protocol for Establishing Telecommunication Tower/Antenna Facilities has been under review by the City s Telecommunication Facility Siting Protocol Task Force since late In October 2016, a revised Telecommunication Facility Siting Protocol was approved by Vaughan Council. Vaughan currently has one lease agreement for a telecommunication facility on Cityowned land, and one sub-lease agreement for a facility on Infrastructure Ontario land. The City of Vaughan charges a base site plan application fee of $7, for telecommunication tower applications. The annual lease fees range from $15, to $25, Region of York The Region of York s Communications Installations on Regional Property Policy specifically deals with requests to install communications equipment on Regional property and facilities. This policy sets out a specific process to be followed by third parties interested in installing equipment. The Region also has a standard licence agreement which must be entered into and details all conditions including expenses covered by the third party, insurance requirements, security requirements etc. The Region has created Master Agreements with carrier companies that capture a series of locations in order to streamline administration. According to York Region staff as of September 30, 2016, the Region has 6 Master Agreements with 6 different carriers, covering 36 telecommunication equipment installations (note: several sites are co-locations thus containing more than one piece of telecommunications equipment). The specific providers and locations of the sites are not publicly available. In 2016, the Region anticipates approximately $760, in license revenues. The Policy requires that the annual license fees are subject to a 5% annual increase while application fees are at a fixed rate of $2, The Region s License Fees for 2016 are as set out in the chart below: 48

19 Page 19 Fee Description 2015 Fee Annual License Fee per telecommunications site $13, Annual License Fee per antenna $ Application Fee for new installations, and for modifications to existing installations $ It should be noted that Housing York Inc. enters into its own agreements and received revenues from communications towers/antennas on their facilities. These are in addition to the license agreements the Region currently has as noted above. 49

20 Page 20 Appendix B to SREIS Cell Towers/Antennas on Town- Owned Property Policy Policy Policy Name: Cell Towers/Antennas on Town-Owned Property Policy Policy Owner: Commissioner of Environment and Infrastructure Services Approved by: Council Effective Date: Draft February 21, 2017 Date of Last Revision: New Policy Review Date: Every 2 years Policy Status: New Policy Purpose: To set out Richmond Hill s policy for the review of applications by third parties to place cell towers/antennas on Town-owned property. This Policy is to be followed in advance of any application proceeding through the Town s Public Consultation Protocol for Radio-Communication and Broadcasting Antenna Systems. Policy Principles: In determining whether or not cell towers/antennas should be placed on Town-owned property the following principles should be considered: the location should respect the natural features, landscapes and significant sightlines in the Town; the location should be at desirable distances from residential and institutional uses whenever technically possible and feasible; the location should result in a high level of service for Richmond Hill; the location should allow for the ability to co-locate with other providers wherever possible; the location should not impact the provision of Town of Richmond Hill services in any way; the public consultation process set out in the Town of Richmond Hill s Public Consultation Protocol for Radio-Communication and Broadcasting Antenna Systems must be followed upon completion of a review of an application under this Policy to ensure the views of the public on a proposed application are known and considered. If it is determined that the Town property proposed to locate cell towers/antennas by a third party is not appropriate, the Town shall not allow the property to be used for this purpose. 50

21 Page 21 Definitions: For the purposes of this policy the following 13 definitions have been provided: Antennas: antennas, means device used to transmit or receive telecommunications signals. Cell Towers: cell towers, means all equipment including cell towers and related infrastructure required to provide cellular service. Commissioner: Commissioner, means the Commissioner of Environment and Infrastructure Services or his/her successor or his/her designate. Council: Council, means the Council of the Town of Richmond Hill. Designated Municipal Contact: Designated Municipal Contact, means the Commissioner of Planning and Regulatory Services or his/her successor or his/her designate, who is responsible for receiving, reviewing and processing submissions for cell towers/antennas under the Town of Richmond Hill s Public Consultation Protocol for Radio-Communication and Broadcasting Antenna Systems. Licensing Agreement: licensing agreement, means an agreement entered into between a third party provider and the Town once the application has been approved by the CRTC. The licensing agreement sets out the obligations of the third party provider including any fees, terms and conditions as determined by the Town for the placement of cell towers/antennas on Town-owned property. Municipality: municipality, means the Town of Richmond Hill. Policy: Policy, means the Cell Towers/Antennas on Town-owned Property Policy. 51

22 Page 22 Procedure: Procedure, means the Cell Towers/Antennas on Town-owned Property Procedure. Proponent: Proponent, means any third party provider or other proponent applying to place cell towers/antennas on Town-owned property. Protocol: Protocol, means the Town of Richmond Hill s Public Consultation Protocol for Radio- Communication and Broadcasting Antenna Systems. Third Party Provider: third party provider, means any cellular service provider or other proponent requesting cell towers/antennas be placed on town-owned property. Town-Owned Property: Town-owned property, means any land or facilities owned by the municipality. Scope: This Policy applies to all applications by third party providers interested in locating cell towers/antennas on Town-owned property. Policy The Town of Richmond Hill may receive requests from third party providers to place cell towers/antennas on Town-owned property. These applications will be reviewed to ensure the needs of the Town, community and cellular service providers are considered. More specifically, any third party wishing to place cell towers/antennas on Town-owned property must complete a Richmond Hill Radio-Communication and Broadcasting Antenna Systems Public Application Form and attend a pre-consultation meeting with the Planning and Regulatory Services Department to ensure all required materials have been provided. Planning and Regulatory Services staff will then provide the application to the Commissioner of Environment and Infrastructure Services who will review the application to determine: if the proposed location is in keeping with the Policy Principles identified in this Policy; 52

23 Page 23 what impact the proposed location would have on the Town s ability to provide services today and in the future; what conditions and terms may be required if the Town were agreeable to locating cell tower/antenna equipment on Town property that would be included in a draft licensing agreement; and ensuring any application, once reviewed by the Commissioner, proceeds through the Town s Public Consultation Protocol for Radio-Communication and Broadcasting Antenna Systems before any agreement is completed. As part of this process, the Commissioner will consult with all relevant Departments at the Town and any other related agencies to obtain feedback on a request. Full details on the process to be followed are set out in the Cell Towers/Antennas on Town-Owned Property Procedure. In addition, the Commissioner will provide the third party provider with a standard licensing agreement which the third party will be required to enter into with the Town if it is agreed that the location proposed is suitable. The licensing agreement will set out the responsibilities of the third party and all required fees and conditions. It should be noted that all building permits, other approvals, costs and liabilities related to the location of such equipment on Town-owned property are the responsibility of the third party. If after completing the review, the Commissioner feels that the proposed location of third party cell towers/antennas on a specific town-owned property is supportable, and the third party agrees with the terms set out in the licensing agreement, the Commissioner will sign the third party s application as the land owner under the Town s Radio- Communication and Broadcasting Antenna Systems Public Consultation Application Form so it may be submitted to the Designated Municipal Contact for review under the Protocol. Sign-off by the Commissioner does not bind the Council in any way, it allows the application to proceed through the public consultation process. If after completing the public consultation required under the Town s Radio- Communication and Broadcasting Antenna Systems Public Consultation Protocol, Council has no objections, the CRTC will be notified of the Town s position. Once the Town is notified that the CRTC has approved the application, the licensing agreement will be finalized and signed off by all appropriate parties. The Commissioner is responsible for the review and potential renewal of any licensing agreements. Construction of any cell tower/antenna system must be completed within three years of the completion of the public consultation undertaken with respect to the application. If construction is not complete at that time, the third party is required to reapply to the Town for further consideration of the request. It is recognized that the final decision for the approval of locating cell towers/antennas rests with Industry Canada under the Radio-Communication Act. 53

24 Page 24 Roles and Responsibilities: Commissioner of Environment and Infrastructure Services Receive and review all requests for the placement of third party cell towers/antennas on Town-owned property. Consult with all relevant Town Departments and other agencies in the review of third party requests for the placement of cell towers/antennas on Town-owned property. Development and maintenance of licensing agreements entered into by the Town and third parties for the location of third party cell towers/antennas on Town-owned property. Maintain and update this Policy. Town Departments Review and provide comments on the placement of cell towers/antennas on Townowned property as requested by the Commissioner. Review and provide feedback on the Cell Towers/Antennas on Town-owned Property Policy and Procedure as required. Planning and Regulatory Services Undertake a pre-consultation meeting with a proponent and where the application relates to Town-owned property, direct the application to the Commissioner of Environment and Infrastructure for review as set out in the Cell Towers/Antennas on Town-owned Property Procedure. Process applications signed by the Commissioner of Environment and Infrastructure Services through the public consultation process of the Town s Protocol. ELT Review and approve the Cell Towers/Antennas on Town-owned Property Policy and Procedure. Ensure appropriate staff are aware of the Policy and Procedure and support its application. Legal Services Provide support to the Commissioner in the development and maintenance of any licensing agreements related to this Policy. Council Review and approve the Cell Towers/Antennas on Town-owned Property Policy. 54

25 Page 25 Consider any cell tower/antenna applications brought before Council under the Town s Public Consultation Protocol for Radio-Communication and Broadcasting Antenna Systems and submit comments to the CRTC. Related Documents: Town of Richmond Hill Public Consultation Protocol for Radio-Communication and Broadcasting Antenna Systems Town of Richmond Hill Radio-Communication and Broadcasting Antenna Systems Public Consultation Application Form Cell Towers/Antennas on Town-owned Property Procedure 55