PROTOCOL FOR ESTABLISHING TELECOMMUNICATION FACILITIES

Transcription

1 Town of Mono Procedure ESTABLISHING TELECOMMUNICATION FACILITIES PLANNING DEPARTMENT Approved by Council: December 20, 2002 by Resolution # PROTOCOL FOR ESTABLISHING TELECOMMUNICATION FACILITIES 1. INTRODUCTION The purpose of this document is to outline the process for the establishment of new telecommunication facilities in the Town of Mono. The document will outline the procedures to be followed by telecommunication carriers when establishing new or expanding facilities within the Town of Mono. New major telecommunication facilities are generally approved under the requirements and process of Industry Canada, which includes consultation with Local Land Use Authorities to ensure local land use policies and objectives are met. Industry Canada has a four part process in establishing telecommunication facilities, which has been generalized as follows: i) Consultation - including, but not limited to, gaining the approval or recommendation of the Local Land Use Authority (Town of Mono/Niagara Escarpment Commission); ii) Application to Industry Canada - which includes a detailed review in accordance with health guidelines set out by Health Canada; iii) Canadian Environmental Assessment - including a physical review of the property to ensure there are no physical environmental concerns; and iv) An Electromagnetic (EMC) Analysis - to ensure that there is no conflict with other EMC operations (radar, other communication facilities). In the event that under Section i) Consultation, an Applicant is unable to gain the approval of the Local Land Use Authority, the matter can be referred to the Ministry of Industry Canada for a decision. This protocol has been established to ensure that Applicants are able to determine the municipality s development objectives in preparing future plans for facilities in the community, and surrounding communities. Detailed information on the procedures and processes to be followed in the establishment of telecommunication facilities with Industry Canada are set out in Environmental Process, Radiofrequency Fields and Land Use Consultation, as amended, attached as Appendix A to this protocol.

2 2 2. MUNICIPAL OBJECTIVES The Town of Mono has portions of the Niagara Escarpment, Oakridges Moraine, the headwaters of four major rivers systems (Credit, Humber, Nottawasaga, and Grand), the Hockley Valley, and other significant natural and cultural landscapes within the municipality. The topography of the community presents numerous vistas which could be compromised by large antennae and towers, which are associated with telecommunication facilities. The rolling topography also represents a significant challenge for the design and establishment of uninterrupted wireless telecommunication services in the community which may be required for emergency, business, and personal use. The Town of Mono will continue to maintain open and regular discussions with Industry Canada and telecommunication providers to ensure that the objectives of Industry Canada, the Town of Mono, and private business interests can be met in the community, to the extent that that is possible. 3. PRELIMINARY CONSULTATION Prior to site selection by an Applicant, preliminary consultation will occur between the Town and the interested Telecommunication Company. A copy of the Town s protocol will be provided to the Company at that time, as well as any known or available site specific information and land use sensitivities which the Applicant should be aware. The Town shall impress the need for co-location of telecommunication facilities, in order to reduce the quantity of towers/antennae which are being located across the rural landscape. In order to provide Applicants with the best available information within the community, and to receive current business plans from telecommunication providers, the Town shall convene meetings of all telecommunication providers to integrate their facilities within the community, when new major facilities are proposed. Applicants of major facilities should provide correspondence from competitors that co-location is not possible, or may be considered in the future. Where the proposed sites are located within the Niagara Escarpment Development Control Area, the Town will follow the enclosed Protocol, resulting in comments to the Niagara Escarpment Commission on a Development Permit Application. Comments to Industry Canada shall be provided through the Niagara Escarpment Commission process, and the Town s municipal process.

3 3 4. GENERAL SITE SELECTION CRITERIA FOR TELECOMMUNICATION FACILITIES The undulating topography of the municipality presents both benefits (height of land) and constraints (extreme valleys) to telecommunication providers. The Town shall strive to minimize the number of facilities to be located within the community through co-location. The following general selection criteria should be considered by Applicants when finalizing site selection: i) Co-location on existing sites/facilities; ii) Consideration of possible location on municipal, provincial or federal property; iii) Location along major Provincial transportation corridors (Hwy 9, 10, and 89) in order to provide commuters and residents travelling through the municipality with optimum cellular phone service will be encouraged; iv) Location along scenic arterial roads (Airport Road, Hockley Valley Road) should be discouraged; v) Location in environmentally significant areas identified in the Town s Official Plan, Escarpment Natural Areas of the Niagara Escarpment Plan, or other features such as provincially significant wetlands, streams, valley lands, etc., should be discouraged; vi) Location near other taller structures, such as water towers, silos, and elevators should be encouraged; 5. APPLICATION An Application in writing shall be made to the municipality upon site selection, which shall include the following: i) Application fee in the amount of $3,000.00, and a $3, deposit, which shall be used to cover the cost of advertising fees and external consultants if required; ii) Conservation Authority fee of $150.00, which will be refunded if not required; iii) A letter of intent by the owner of the subject lands to enter into a lease agreement to permit the establishment of a telecommunication facility; iv) Site selection report - which will detail why the particular site has been chosen and will document the evaluation of the site with regards to these factors: a) location of surrounding residential uses and amenity areas; b) location of existing vegetation, including mature treelines and other screening features;

4 4 c) topographical prominence; d) long and short range views; e) location of private and public recreational uses within view of the proposed location; f) any other potential impacts (air strips, flight paths); g) height of structure and design configuration including colour and lighting (if required); h) location and proximity of public roadways; i) location of any environmental hazards; and j) conformity with Section 4, General Site Selection Criteria, and/or discussion rationale as to why conformity with Section 4 cannot be met. v) A site plan drawn to scale showing the property upon which the facility will be located detailing site grading, property lines, existing and proposed buildings, fences, buffering, lighting, landscaping, access, parking, driveways, utilities and services, easements, and the type and height of the proposed structures. vi) A colour photograph of the subject property with a superimposed scaled image of the proposed antennae, support structure and facilities; vii) Two sets of scaled drawings, representing a typical installation at the proposed location. In the case of structures or antenna to be mounted on existing facilities or structures, a preliminary Engineer s report shall be submitted to address the structural integrity of the existing structure or building to ensure safe installation; viii) A map showing the horizontal distance between the location of the proposed structure and all adjacent properties, complete with owner s names, within 500 metres of the proposed tower location; ix) Confirmation of entrance approval from the Town, County, or Ministry of Transportation, whichever is applicable; x) Appropriate documentation as requested by the applicable Conservation Authority or the Niagara Escarpment Commission, if applicable. 6 PUBLIC NOTIFICATION The Applicant shall erect a sign on the property notifying the public of a proposal to establish a telecommunication facility on the property. The sign shall be erected on the property so that it is clearly visible and legible from the roadway and shall be a minimum 1.5 metres wide by 1.5 metres high, located a minimum 0.6 metres from the ground. Each sign shall be professionally prepared and contain the following wording: (NAME OF APPLICANT) HAS PROPOSED

5 5 TO LOCATE A TELECOMMUNICATIONS FACILITY, BEING (HEIGHT) METRES IN HEIGHT, ON THIS PROPERTY PUBLIC COMMENT IS INVITED OPEN HOUSE INFORMATION MEETING SCHEDULED ON (DATE OF MEETING) FROM TO AT THE (LOCATION TO BE DETERMINED) FOR FURTHER INFORMATION, CONTACT THE TOWN OF MONO PLANNING DEPARTMENT AT FILE NO.: (FILE #) The sign should be located along the frontage of the portion of the property to be leased. The portion of the property to be leased should be prominently staked in the field. The Applicant shall convene a public Open House, at a location to be determined by the Town, and advertised by the Town, at a time and date mutually determined between the Town and the Applicant. The Town shall notify all property owners within a minimum 300 metres (1000 feet) of the property of the public Open House. The Open House shall also be advertised in the local newspaper(s) having coverage in the area of the proposed facility. A report of the public Open House shall be forwarded to the Town s Planning and Environmental Advisory Committee which will make a recommendation to Council. It shall be the Applicant s responsibility to address any concerns of the residents or Planning and Environmental Advisory Committee following the meeting. The minutes of the Planning and Environmental Advisory Committee meeting, and any recommendations of the Committee shall be forwarded to Council for their consideration of the proposal. Council will provide comments to the Applicant and Industry Canada on their proposal, by Resolution.

6 6 In more controversial applications, Council may elect to hold an additional public meeting upon receipt of the minutes and recommendations from the Planning and Environmental Advisory Committee. The Town will endeavour to process all applications in an expeditious manner to attempt to meet the Industry Canada consultation process standard of 120 days. 7. MINOR (INSIGNIFICANT) INSTALLATIONS The Town recognizes that some minor (insignificant) installations may not require public consultation or a detailed public process as outlined by this protocol. The Town will require Applicants to advise the Town of minor (insignificant) installations to provide information to ratepayers when, or if, consulted, or to provide any site specific constraints unknown to the Applicant. Examples of minor installations would include, but not necessarily be limited to: co-location on existing sites; increase of existing tower sites to a maximum of 25% of the existing height; wooden pole installations, not to exceed 25 metres in height above ground; roof top installations; and, water tower or other existing tower/structure installations. 8. DECOMMISSIONING OF TOWER SITES The Town has had experiences with tower infrastructure remaining long after facilities have ceased to be used. The Town will request that lease agreements provide for prompt removal of infrastructure after the use is no longer required. This request may form part of the municipal comments on individual applications.

7 7 APPENDIX A ENVIRONMENTAL PROCESS, RADIOFREQUENCY FIELDS AND LAND USE CONSULTATION (Issue 3 - June 24, 1995)